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CLE Course Catalog

 

Appellate Jurisdiction

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Appellate Jurisdiction Details


Price:
Free. (Normally $19.99)

Course Description

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

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

Course Agenda

The Balancing Tests Inherent in Appellate Jurisdiction

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

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

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


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

    Course Presenter(s)

    Andrew Pollis

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

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

      Course Price:
    Free. (Normally $19.99)
     
     

    Best Practices for Clear Contract Drafting

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    Best Practices for Clear Contract Drafting Details


    Price:
    Free. (Normally $19.99)

    Course Description

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

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

    Course Agenda

    Primary Goals of Drafting Contracts

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

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

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

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


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

    Course Presenter(s)

    Carolyn Seymour

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

      Course Price:
    Free. (Normally $19.99)
     
     

    Detecting, Investigating and Documenting Fraud - Part 1

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    Detecting, Investigating and Documenting Fraud - Part 1 Details


    Price:
    Free. (Normally $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
    ND - Self Study: 1.25 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.15 Credits
    UT - Self Study: 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:
    Free. (Normally $19.99)
     
     

    Detecting, Investigating and Documenting Fraud - Part 2

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    Detecting, Investigating and Documenting Fraud - Part 2 Details


    Price:
    Free. (Normally $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
    ND - Self Study: 0.75 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 0.83 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:
    Free. (Normally $19.99)
     
     

    Ethics in Social Media

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    Ethics in Social Media Details


    Price:
    Free. (Normally $19.99)

    Course Description

    With the explosion of social media, attorneys now find themselves immersed in both its opportunities and risks. Attorney Francine Ward first reviews the term itself, and what "Social Media" encompasses, from Facebook and LinkedIn to chat rooms and discussion boards. She then discusses how State Bars and Courts across the country have begun to grapple with ethical issues which have begun to surface along with the increased use of social media. The landscape she paints is one in which nearly each jurisdiction has developed its own rules which can be in conflict with those of other states.

    With the global reach of a website, Ms. Ward describes the risks of the unauthorized practice of law in multi-state jurisdictions under ABA Rule 5.5 and the ABA Commission on Ethics 20/20 Report, both of which are included as materials. She compares the rules regarding deceit in numerous states, and the penalties involved, with statutory references. She discusses what can or cannot be on a law firm website and provides a sample website disclaimer which can prevent inadvertent formation of attorney client relationships through false expectations of visitors. This course also presents numerous other issues that may not be obvious to many lawyers new to the world of social media. These include the inadvertent disclosure of confidential information in chat rooms and the risks of conflicts of interest with current clients, how some states (e.g., Florida, Indiana, Missouri) prohibit the use of testimonials about success, the risk of using words such as "specialized," the requirements in some states (e.g., California) that lawyer websites be archived every two years and how to do so, all with abundant references to rules, opinions and cases in many states along with ABA opinions.

    Social media is here to stay, and when successfully employed, it can be a powerful ally. Conversely, ominous ethical dilemmas lurk beneath the surface. Francine Ward's program is invaluable in raising these issues and in providing guidance on how to utilize social media and avoid its pitfalls.



    Course Agenda

    Agenda:
  • Review of Social Media and Ethical Considerations
  • Fee Sharing with Non-Lawyers
    • Groupon case, North Carolina: Lawyer advertising on Groupon considered improper fee-sharing.
  • Unauthorized Practice of Law, multi-state jurisdictions ABA Rule 5.5
    • Review ABA Commission on Ethics 20/20 Report on Multijurisdictional Practice; Comparison of rules in jurisdictions, foreign lawyers.
  • Inadvertent Disclosure of Confidential Information
    • Consults with Mentors, Listserves and Discussion Boards
  • Inadvertent Formation of the Attorney/Client Relationship
    • ABA Opinion 10-457 on Lawyers Websites
    • Disclaimers
  • Conflict of Interest
  • Rule 1.7, Current Clients
  • Attorney Advertisement
    • Use of testimonials on, e.g., LinkedIn
  • ABA Rule 7.1 Communications Concerning a Lawyer's Services: Chatrooms, AVO and other Ratings
    • Duty to Maintain Screen Shots of website for 2 years
    • State Bar of California Rules of Professional Conduct 1-400 et seq. re Advertising, B&P Sec. 6157-6159.2 and Advisory Opinions of State Bar
    • Misuse of the word "Specialized"
  • ABA Rule 7.3 Direct Contact with Prospective Clients
    • California Opinions
  • Review of Rules and Cases Regarding Lawyer Websites, Internet Marketing Programs and Use of (or Prohibition of) Website Testimonials.
  • Attorney Advetising and Supervision of Non-Lawyer
    • ABA Rule 5.3
  • Communication with a Represented Party
  • Relevant California State Bar Ethical Opinions
    • Attorney Advertising, Attorney/Client Privilege, Website Disclaimers and Chat Room Discussions
  • Developments on the Horizon
  • Jury Selection and Juror Research Issues

    Course Credit per State


    AK - Ethics: 1.0 Credits
    AZ - Ethics: 1.0 Credits
    CA - Ethics: 1.0 Credits
    MO - Ethics: 1.0 Credits
    NY - Ethics: 1.0 Credits
    VT - Ethics: 1.0 Credits
    WA - Ethics: 1.0 Credits

    Course Presenter(s)

    Francine Ward, Esq.

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

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

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

    Francine D. Ward resides in Mill Valley, CA with her husband Richard Lipfield, and three cats, Mango, Spike, and Kiwi.

  •   Course Price:
    Free. (Normally $19.99)
     
     

    Federal and State Tax Laws: Poe v. Seaborn - A Contrarian View

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    Federal and State Tax Laws: Poe v. Seaborn - A Contrarian View Details


    Price:
    Free. (Normally $19.99)

    Course Description

    When the Supreme Court decided Poe v. Seaborn in 1930, it did not foresee the mischief its decision would cause in later years. Seaborn held that, under the community property law of the state of Washington, each spouse had a vested interest in one half of all community property, including income, notwithstanding the husband's right to control and manage the property. The IRS argued that it couldn't possibly be Congress' intent to include such a large example of horizontal inequity between those living in common-law States vs. community property States. The Trial Court found for Seaborn. The IRS appealed. The US Supreme Court affirmed the lower court?s decision.

    This course will explore the ramifications of Poe v. Seaborn and ask if repealing Seaborn and all of the code sections that give favored treatment to taxpayers in community property states will make the tax code more equitable. The course will discuss Congress? attempts to remedy the geographical disparity of Seaborn over the years. The course will examine how the joint filing provisions created by Congress in 1948 ended up creating more problems, ie. the marriage penalty, innocent spouse issues, problems in division of marital assets in divorce, and estate issues. The course discusses how the California legislature extension of its community property law to cover Registered Domestic Partners (RDPs) by referencing the Seaborn case, allowed income splitting for California RDPs, who are not spouses under federal law. This again has produced a series of geographic disparities in tax treatment of same sex unions in common law and community property states. Moreover, the extension of the community property regime to non-married persons is itself a departure from the age-old understanding that community property is a marital property regime solely applicable to married persons. The course ends with a Question and Answer session, taking questions from the attending audience.

    Course Agenda

    POE V. SEABORN

  • Background
    • Lucas v. Earl
  • Court Ruling
  • The Anticipatory Assignment of Income Doctrine
  • COMMUNITY PROPERTY VS COMMON LAW STATES

  • AZ, CA, ID, LA, MI, NM, NV, TX, WA
  • 1948 JOINT FILING OPTION

  • Marriage Penalty
    • Differences in rate structures
  • Innocent Spouse Codes
  • Divorce in Community States
  • 1962 U.S. v. DAVIS

  • Background
  • Decision
  • Ramifications
  • 26 USC 1041

  • What is it?
  • Unintended consequences
    • Bargaining chip in divorce settlements
    • Time of transfer issues
    • What trumps what?
    • Estate issues

    2003 CA REGISTERED DOMESTIC PARTIES ACT

    • Civil union statute

    1996 DEFENSE OF MARRIAGE ACT

  • Community property does not apply
  • RULING ADVISORY OPINIONS

  • 2006 Opinion
  • 2010 Opinion
  • WHAT NOW?

  • Repeal Seaborn?
  • Repeal DOMA?
  • QUESTION AND ANSWER SESSION

    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: 1.1 Credits
    FL - General: 1.0 Credits
    NV - General: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 0.9 Credits
    TX - General: 1.0 Credits
    WV - General: 1.1 Credits

    Course Presenter(s)

    Leon Gabinet
    Leon Gabinet practiced law for many years in Portland, Oregon, before coming to Case Western Reserve University School of Law in 1968. He is the executive director of the Graduate Program in Taxation and coauthor of Tax Aspects of Marital Dissolution (1986, 2d edition 1998). He is a member of the American Law Institute and was invited to the Netherlands as a Cambridge-Tilburg lecturer.
      Course Price:
    Free. (Normally $19.99)
     
     

    Foreign Investments in U.S. Real Estate

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    Foreign Investments in U.S. Real Estate Details


    Price:
    Free. (Normally $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
    CO - UNKOWN TYPE (2643): 1.34 Credits
    IL - General: 1.0 Credits
    MO - Self Study: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.12 Credits
    VT - Self Study: 1.0 Credits
    WA - General: 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:
    Free. (Normally $19.99)
     
     

    Health Law - Electronic Health Record Systems

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    Health Law - Electronic Health Record Systems Details


    Price:
    Free. (Normally $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
    GA - Self Study: 1.0 Credits
    IL - General: 0.75 Credits
    MO - Self Study: 1.1 Credits
    ND - Self Study: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 0.93 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:
    Free. (Normally $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:
    Free. (Normally $29.99)

    Course Description

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

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

    Course Agenda

    OVERVIEW: INNOVATION VERSUS EXPLOITATION

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

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

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

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

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

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

    Course Credit per State


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

    Course Presenter(s)

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

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

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

    Jennifer Granick

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

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

    Brewster Kahle

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

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

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

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

    Legal Ethics Round Table

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    Legal Ethics Round Table Details


    Price:
    Free. (Normally $19.99)

    Course Description

    This course is a panel discussion of ethical issues that arise in litigation, primarily involving the attorney's duty for candor and the duty to be fair.

    Course Agenda

  • Managing challenges to the duty for candor
    • Approaches to handling a client who intends to commit perjury
    • Reconciling the conflicts trust, confidentiality, and candor
    • The ABA rules on candor in litigation
  • Pragmatics of fairness in litigation
    • Fairness in jury selection, during trial and post trial
    • How much can you coach a witness until it becomes an ethical problem?
    • Dealings with adversaries in litigation
    • Ex Parte contact
    • Public comments about pending litigation

    Course Credit per State


    AK - Ethics: 1.0 Credits
    AZ - Ethics: 1.0 Credits
    CA - Ethics: 1.0 Credits
    CO - Ethics: 1.34 Credits
    MO - Self Study: 1.0 Credits
    NY - Ethics: 1.0 Credits
    VT - Ethics: 1.0 Credits
    WV - Ethics: 1.34 Credits

    Course Presenter(s)

    Avi Wagner

    Avi Wagner, Esq. has a broad based business litigation practice encompassing a variety of contract and business tort disputes. Since his graduation from Georgetown University Law Center in 2002 Mr. Wagner has successfully litigated in state and federal trial courts, federal bankruptcy courts, and state and federal appellate courts across the United States, including California, New York, New Jersey, Texas and Indianapolis. He has also pursued arbitrations before AAA and FINRA.

    Mr. Wagner's practice is principally focused on investment and insurance related disputes. In addition, Mr. Wagner provides counseling and assistance to startup companies in day-to-day legal matters. On the pro bono side, he has been involved in the favorable resolution of several landlord-tenant disputes. He has also provided pro bono counseling to Holocaust victims seeking restitution from the German government.

    G. Scott Sobel
    G. Scott Sobel, Esq. specializes in Civil Litigation, including primarily business, personal injury, medical malpractice. Since 1984, he has been in litigation, trying more than 50 jury trials to verdict. Mr. Sobel has been an insurance defense litigator as well as an Assistant District Attorney in Alaska. Prior to earning his JD at the University of California, Hastings College of the Law, Mr. Sobel was a Park Ranger with the U.S. Department of the Interior.
  •   Course Price:
    Free. (Normally $19.99)
     
     

    Ponzi Scheme and Tax Loss

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    Ponzi Scheme and Tax Loss Details


    Price:
    Free. (Normally $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


    AK - UNKOWN TYPE (435): 1.25 Credits
    AL - On-Demand: 1.4 Credits
    AZ - General: 1.25 Credits
    CA - General: 1.5 Credits
    CO - UNKOWN TYPE (515): 1.64 Credits
    MO - Self Study: 1.5 Credits
    NY - General: 1.5 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.37 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:
    Free. (Normally $27.99)
     
     

    PowerPoint for Attorneys

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    PowerPoint for Attorneys Details


    Price:
    Free. (Normally $19.99)

    Course Description

    In today's modern courtroom, the use of technology as part of a trial presentation is essential. It is important for attorneys to understand the high tech tools available to them, and Microsoft Office 2014. PowerPoint is one of the most useful tools available -- if it is used correctly! In this presentation attorney and trainer Russell Jackman discusses and demonstrates how to get the most out of PowerPoint. Topics include how it can be used to organize a case visually, zoom in on important elements in a document or image using cropping and animation, charts, motion paths, animated timelines and more. Also discussed are strategies on what specific animations, colors and techniques work best in litigation scenarios.

    Course Agenda

    • Why PowerPoint?
    • How Does PowerPoint Work?
    • Your Audience (Juries)
    • Basic Philosophy (Make it like TV)
    • Visuals
    • Templates
    • General PowerPoint Strategies
    • Backgrounds/Watermarks
    • Getting Items into PowerPoint
    • New ways to get pictures into a presentation!
    • New Features
    • Color Matching ?eyedropper?
    • Merge Shapes
    • Supported Video Formats
    • Supported Audio Formats
    • Comments
    • Smarter? Guides
    • Changes During Presentation Mode
    • Techniques: Motion Paths
    • TIMELINES
    • Organizational Charts
    • Other Tips

    Course Credit per State


    CA - General: 1.25 Credits
    MS - General: 1.4 Credits

    Course Presenter(s)

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

    Pre Immigration Income Tax Planning

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    Pre Immigration Income Tax Planning Details


    Price:
    Free. (Normally $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
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.12 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:
    Free. (Normally $19.99)
     
     

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

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


    Price:
    Free. (Normally $19.99)

    Course Description

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

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

    Course Agenda

    What are we going to learn?

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

    Why Are We Here Today?

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

    Division 2. Rights and Responsibilities of Members

    Substance Abuse

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

    Mental Impairment ? Mental illness

    Depression ? Kingpin of Impairment?

    Depression ? Effect on the New Other Issues

    Prevention/Detection/Treatment

    Mental Issues

    Age ? The Great Thief

    Dementia Happens

    When Dementia Happens

    Avoid ?natural? cognitive decline

    Avoid Negative Mental Conditioning

    Twitch and Click will change your brain

    Constant interruptions are a mental impairment

    Stop Interruptions to decrease mistakes

    Old World / Kaiser Focus

    Are you as focused as a Kaiser worker?

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

    What was focus in the Old World

    Consider Interruption Management

    Prevention/Detection/Treatment

    Physical issues that impair

    Sitting is the new smoking

    Improved eating and activity does not need to be extreme

    Course Credit per State


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

    Course Presenter(s)

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

    Recovering Assets

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    Recovering Assets Details


    Price:
    Free. (Normally $19.99)

    Course Description

    The theft of assets by corrupt leaders and businessmen has a major impact on society, particularly in developing countries. It diverts money from services such as healthcare and social welfare programs. It also reduces tax revenue, and erodes public trust and threatens governance. Stolen assets are unlikely to remain in the country from which they were stolen but are often concealed in foreign jurisdictions, giving the crime an international dimension. The process of asset recovery is complex and time consuming and can involve multiple countries.

    This course will examine how lawyers can utilize the resources of the federal government to assist them in their asset recovery efforts both domestically and internationally. Mr. Jack D. Smith will start the presentation by discussing the current legal mechanisms available to lawyers when pursuing assets located in foreign countries. Mr. Smith explains the benefits of the United Nations Convention Against Corruption and mutual legal assistance treaties. The course will then move to the topic of investigating and confiscation of assets. Who are the aiders and abettors? How does the FDIC approach asset recovery? What are the FDIC's primary weapons to recover assets? How effective are asset freeze orders in the United States? What are the alternatives? Mr. Smith will end the course with a discussion on civil procedures against property and provide case studies involving Bernie Madoff and Teodorin Obiang.

    Course Agenda

    Why is corruption so bad?

  • Reduces spending on healthcare and education
  • Environmental damage
  • Increases instability
  • Reduces tax revenues
  • International Asset Recovery

  • The United Nations Convention Against Corruption
    • Criminalizes certain conducts
    • Strengthens international law enforcement cooperation
    • Increase information exchange
    • Provides effective legal mechanism for asset recovery
    • Mutual Legal Assistance Treaties (MLAT)
    • Case Study: Mobutu Sese Seko
    • Case Study: Sani Abacha

    Utility of Professionals

  • Aiders and Abettors
    • Accountants
    • Lawyers
    • Realtors
    • Escrow Agents
    • Lobbyists
    • Offshore Corporations

    Stages of Asset Recovery

  • Investigation
  • Confiscation
  • Asset Disposition
  • Repatriation
  • Stage 1: Investigation

  • How the FDIC investigates
    • Directors and Officers' liability
    • Fidelity Bond
    • Lawyers & accountants
    • Mortgage malpractice fraud
    • Security and commodity brokers
    • Insurance companies
  • Case Study: Capone Money Trail
  • Stage 2: Confiscation

  • Options to freeze/recover assets
    • Asset freeze orders
    • Criminal forfeiture
    • Criminal restitution
    • Probate civil actions
    • Civil procedure against property
  • Money Laundering
    • What is money laundering
    • 18 U.S.C. 1956
    • 18 U.S.C. 1957
  • Case Study: Bernie Madoff
  • Criminal Restitution
    • Victim's Bill of Rights
    • Victim Restitution Act of 1996
    • AG & Victim Impact Statements
  • The IRS and Restitution Orders
    • The Firearms Excise Tax Improvement Act

    Asset Recovery: Private Civil Actions

  • Asset recovery: Civil Action
  • Dangers of delaying civil actions before criminal cases are complete
  • Professional Liability Lawsuits

  • FDIC Professional Liability Lawsuits
    • Who is targeted
    • Approval process for lawsuit
    • Timeline
    • Frequency and results
  • Case Study: University of California and Enron Banks
    • Stoneridge Investment Partners v. Scientific-Atlanta
  • Civil Action Over Criminal Action
    • Benefits

    Civil Procedure Against Property

  • In Rem Actions
  • Case Study: Bernie Madoff
  • Case Study: Teodorin Obiang
  • Course Credit per State


    AK - Voluntary: 1.0 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
    ND - Self Study: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 0.9 Credits
    VT - Self Study: 1.0 Credits
    WV - General: 1.1 Credits

    Course Presenter(s)

    Jack D. Smith

    Jack Smith is a certified anti-money laundering specialist and teaches ?International Money Laundering, Corruption and Terrorism? at the George Washington University Law School. He served as Deputy General Counsel or General Counsel for three United States agencies: the FDIC, Federal Home Loan Bank Board and FCC.

    At the FDIC, Mr. Smith supervised programs that recovered $6 billion for misconduct and fraud connected to the banking crisis of the 1980s and 1990s. In 2006, with support of the Swiss government, he founded the International Centre for Asset Recovery in Basel, Switzerland to train and assist developing countries to pursue corruption and asset recovery cases.

      Course Price:
    Free. (Normally $19.99)
     
     

    Reduce Bias with Better Decision Making

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    Reduce Bias with Better Decision Making Details


    Price:
    Free. (Normally $19.99)

    Course Description

    In this course, attorney David Graulich will discuss ways to reduce bias with better decision making. David will begin by explaining what bias is, and how bias in the legal profession affects society. He will discuss Title VII of the Civil Rights Act of 1964, which is the primary anti-bias weapon in the federal arena. Mr. Graulich will then talk about ways to "debias", as well as rules that have been put into place in order to eliminate bias in the legal profession. He will then explain what modern research tells us about bias. In this section, David will discuss logic v. emotion and he will cover two systems that we all utilize when we strive to make a decision, the "Automatic System" and the "Reflective System". David will finish by explaining how to apply what was learned during the course to the practice of law.

    Course Agenda

    I. BACKGROUND: BIAS IN OUR PROFESSION
    • What is Bias?
    • Explicit v. Implicit Bias
    • Title VII (1964)
    • 28 U.S.C.A 144 - Bias or Prejudice of Judge
    • "Ways to Debias"
    • Age Grading
    • From Whence Come the Justices?
    II. WHAT MODERN RESEARCH TELLS US ABOUT BIAS
    • Our First "Blink"
    • Bias = Here, There and Everywhere
    • Benevolent Bias
    • Logic v. Emotion
    • System One v. System Two
    • Instinctive Thinking
    • "Black Swan" Fallacy
    • Judges ALL Believe in Their Objectivity
    III. APPLYING WHAT WE'VE LEARNED TO THE PRACTICE OF LAW
    • Logical Fallacy: Small Sample
    • Another Look at Sampling
    • How to Do Better
    • Be a Discerning Wary Consumer of Media
    • Overcoming Bias when Making Decisions About Clients
    • Occupational Stereotypes
    • Bias During Voir Dire
    • "I Wanted a Biased Jury"
    • Don't Use Racial Stereotypes

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AL - On-Demand: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - Elimination of Bias: 1.0 Credits
    CO - General: 1.2 Credits
    GA - Self Study: 1.0 Credits
    IN - Distance Education: 1.0 Credits
    KS - General: 1.0 Credits
    KY - General: 1.0 Credits
    MO - Self Study: 1.0 Credits
    NC - General: 1.0 Credits
    NH - General: 1.0 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: 1.0 Credits
    TX - General: 1.0 Credits
    UT - Self Study: 1.0 Credits
    WI - On-Demand: 1.0 Credits
    WV - General: 1.2 Credits

    Course Presenter(s)

    David Graulich, Esq.

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

      Course Price:
    Free. (Normally $19.99)
     
     

    The Attorney-Client Relationship

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    The Attorney-Client Relationship Details


    Price:
    Free. (Normally $19.99)

    Course Description

    Though the beginning and ending of the attorney-client relationship is typically clear cut and simple, there are a number of circumstances that create ethical challenges for practicing lawyers. This panel of experienced attorneys discusses several ethical aspects of the attorney-client relationship, including rules regarding the duty to take cases, when to reject cases, and issues of payment and the courts.

    Course Agenda


    Course Agenda:
  • Is an attorney required to take any case from any client?
  • Under what circumstances can an attorney say no?
  • Can the court compel an attorney to take a case, even if it is for an indigent client who cannot afford to pay fees?
  • What rights and obligations does an attorney have in a situation where he or she does not agree with a co-counsel?
  • What are the consequences of getting involved in frivolous claims?

    Course Credit per State


    AK - Ethics: 1.0 Credits
    AZ - UNKOWN TYPE (848): 1.0 Credits
    CA - Ethics: 1.0 Credits
    CO - Ethics: 1.16 Credits
    MO - Self Study: 1.0 Credits
    NY - Ethics: 1.0 Credits

    Course Presenter(s)

    Barry Kaye

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

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

    Alan F. Broidy

    Alan F. Broidy, Esq. represents creditors and debtors in all aspects of bankruptcy and bankruptcy litigation, including relief from stay, dischargeability and other issues. After graduating from UCLA in 1976 summa cum laude in political science and Phi Beta Kappa, Broidy earned his law degree from UCLA and was admitted to the Central District of California in 1979.

    Mr. Broidy was associated with Poindexter & Doutre through 1985, and with Danning, Gill, Gould, Diamond & Spector through early 1988, when he became a principal of Rosen & Broidy. In August, 1991, Mr. Broidy formed his own firm where he continues to specialize in debtor/creditor rights in state and federal court, including representing receivers, trustees, secured creditors, and debtors in litigation in state court and bankruptcy court.

  •   Course Price:
    Free. (Normally $19.99)
     
     

    The United States Tax Benefits of Exporting

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    The United States Tax Benefits of Exporting Details


    Price:
    Free. (Normally $19.99)

    Course Description

    Veteran South Florida Tax Attorney Richard S. Lehman will explain the "IC-DISC" a hidden gem in the tax code.

    U.S. taxpayers that sell, lease or license "export property" which is manufactured, produced or grown in the United States (more than 50% of the DISC materials sold must be made in America), can take advantage of strong support for their export profits in the Internal Revenue Code.

    The IC-DISC has been approved as an acceptable tax planning entity for the export of American produced computer software and programs as early as 1985. In 1998, a very detailed set of Treasury Regulations was issued that has added certainty to this area of the law.

    Course Agenda

  • Part One
  • I. The IC-DISC
    • A) The IC-DISC must sell, lease, license or service "export property".
    • B) Export property means property manufactured, produced, grown or extracted in the United States, held for sale, lease or rental, in the ordinary course of business for use, consumption or disposition outside the United States and Not more than 50% of the fair market value of which is attributed to articles imported into the United States.
    • C) Services furnish by DISC.
  • II. IC-DISC Requirements
    • A) A corporation taxable as a corporation, must be formed under the laws of any State or the District of Columbia to be the IC-DISC.
    • B) The corporation must have only one class of stock and minimum capital of $2,500. The IS-DISC shareholders may be related to the IC-DISC.
    • C) The IC-DISC must take a tax election to be an IC-DISC that must be filed with the Internal Revenue Service within 90 days after the beginning of the tax year of the IC-DISC.
    • D) The IC-DISC must maintain separate books and records.
    • E) The IC-DISC must have a certain amount of Qualified Export Assets.
    • F) The IC-DISC must receive a certain amount of Qualified Export Receipts.
  • III. The Tax Benefits
    • A) Tax Deferral
    • B) Major Savings
  • IV. The Commission Payments
    • A) Gross Receipts Method
    • B) Taxable Income Method
    • C) Arm's Length Method
  • V. Payment

  • VI. Examples

  • Part Two
  • I. The DISC Export Property Definition and Software
    • A) Manufactured, produced, grown or extracted in the United States by a person other than a DISC.
    • B) Held primarily for sales lease or rental, in the ordinary court of trade or business, by, or to, a DISC, for direct use, consumption or disposition outside the United States.
    • C) Not more than 50 percent of the fair market value of which is attributable to articles imported into the United States.
  • II. Copyrights and Copyright Articles

  • III. Treasury Regulations 1.861.18

  • IV. Transfer Classification
    • A) A sale or exchange of the legal rights constituting a copyright.
    • B) A license of a copyright.
    • C) A sale or exchange of an article produced under a copyright.
    • D) A lease of an article produced under a copyright.
  • V. Source of Income for Sales of Copyrighted Articles
    • A) Source of Income - Sales
    • B) Source of Income - Leases Partial Transfer of a Copyrighted Article

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.2 Credits
    MO - Self Study: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.0 Credits
    WA - General: 1.0 Credits
    WV - General: 1.2 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:
    Free. (Normally $19.99)
     
     

    United States Taxation of Foreign Investors

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    United States Taxation of Foreign Investors Details


    Price:
    Free. (Normally $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


    AK - UNKOWN TYPE (441): 1.5 Credits
    AL - On-Demand: 1.5 Credits
    AZ - General: 1.5 Credits
    CA - General: 1.5 Credits
    CO - General: 1.8 Credits
    IL - General: 1.5 Credits
    MO - Self Study: 1.5 Credits
    NY - General: 1.5 Credits
    PA - Distance Learning: 1.5 Credits
    TN - General: 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:
    Free. (Normally $19.99)
     
     

    What Copyright Owes the Future

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    What Copyright Owes the Future Details


    Price:
    Free. (Normally $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
    FL - General: 1.5 Credits
    IL - General: 1.0 Credits
    IN - Distance Education: 1.1 Credits
    MO - Self Study: 1.4 Credits
    ND - Self Study: 1.25 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.13 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:
    Free. (Normally $19.99)
     


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