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This series of lectures on animal law engage how legal systems encounter the animals outside our own species. This first lecture in the series introduces the most basic topics that fall naturally under the general heading "animal law," including generally the extent to which legal systems, specific cases, legislation, and background cultural values impact ways in which judges, administrators, politicians, lawyers, law students, legal scholars, and lay people think about animals other than humans. It focuses on the most noteworthy changes now found in the substantive areas of tort law, wills and trusts, family law, and criminal law and the issue of standing, and summarizes the most general differences in the "animal law" now in place regarding companion animals (some will use the word "pets" for this area), research animals, food animals, and wildlife. The lecture is prefaced by the background of the lecturer and some observations regarding language about animals, controversy about "animal rights," and the versatility of law in dealing with the lives outside our own species.
Course Agenda
Objectives:
Engage the spirit, substance and principles of existing law as it addresses nonhuman animals.
Develop a sense of the many different traditions that contribute to legal and other understandings of nonhuman animals, especially as these traditions affect how we conceptualize and frame legal protections with which court systems and lawyers must work.
Grasp the complex debates about "animal law" and "animal rights" now common in 21st century policy discussions.
Assess future possibilities of using various legal concepts and tools, such as rights, legal personhood and "standing, to address the relationship of humans to living beings outside the human species.
Course Credit per State
AZ - General: 1.5 Credits CA - General: 1.5 Credits CO - General: 2.0 Credits FL - General: 2.0 Credits IN - Distance Learning: 1.6 Credits NY - General: 1.5 Credits TN - General: 1.5 Credits TX - General: 1.5 Credits WA - General: 1.5 Credits WV - General: 1.92 Credits
Course Presenter(s)
Paul Waldau
From 2004 through 2008, Paul was the Director of the Center for Animals and Public Policy at Tufts University School of Veterinary Medicine, where he remains on the faculty. In addition, Paul directed the Center''s Master of Science graduate program, which originated in 1995 and through 2006-2008 developed as the world''s leading program in human-animal studies. Paul has a Doctor of Philosophy degree from University of Oxford. He also has a Juris Doctor degree from UCLA Law School and a Master''s Degree from Stanford University in Religious Studies.
Paul is the author or editor of three books?sole author of The Specter of Speciesism: Buddhist and Christian Views of Animals published by Oxford University Press in 2001; co-editor of A Communion of Subjects: Animals in Religion, Science, and Ethics published by Columbia University Press in 2006; and co-editor of An Elephant in the Room: The Science and Well-being of Elephants in Captivity, published by the Center for Animals and Public Policy in 2008.
Paul publishes widely, recent examples of which are the article in the prestigious Encyclopedia of Religion on "Animals" and a series of articles in the Journal of Veterinary Medical Education on ethics instruction in veterinary schools. Copies of various publications by Paul, as well as various interviews, can be accessed at www.paulwaldau.com and www.religionandanimals.org.
Paul has been teaching ethics courses at the veterinary school for ten years, and in 2008 was again named the Barker Lecturer in "Animal Law" at Harvard Law School, where he also taught in 2002 and 2006. He has also directed the Yale Law School "Animal Law Reading Group" (2007 and 2003), and also taught courses at Boston College Law School. Paul is again offering a lecture in the summer term for Yale''s Interdisciplinary Center for Bioethics, and he will later this year offer a course entitled "Religion and Animals" at Harvard. He is also the founder of the Animals and Religion Consultation at the American Academy of Religion and a consultant for many institutes and groups interested in animal protection issues.
The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. In this program the speakers, each certified by the State Bar of California Board of Legal Specialization as a Certified Specialist in Immigration and Nationality Law, examine the key question in H-1B cases: is the H-1 worker being paid the proper wage? Using current case examples, they examine "required wage" for the job, advise how to obtain prevailing wage determinations from the Department of Labor or from Foreign Labor Certification Data Center Online Wage Library, and discuss how the company can establish that the wage offered to the H-1B worker is at least equal to the "actual wage" paid to individuals with similar qualifications and experience in the job.
Course Agenda
Course Agenda:
The Labor Condition Application (LCA) Posting and File Keeping Requirements
Short-term job sites
Change in worksite within the same area of intended employment listed on an LCA, does not require a new LCA but does require a reposting of the notice to employees at the new worksite (20 CFR 655.734(a)(2)).
Must provide H-1B worker with a copy of the LCA before the employment begins - good practice to send a copy with a copy of the H-1B petition at the time of filing with USCIS
16 possible violations listed at 20 CFR 655.805
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits NY - General: 1.0 Credits TN - General: 1.07 Credits WV - General: 1.28 Credits
Course Presenter(s)
ROBERT G. WERNER, ESQ.
ROBERT G. WERNER has been practicing immigration law in San Francisco since 1971, after being educated at Harvard and Berkeley and assisting a Professor at the University of Florence, Italy. J.D. Boalt Hall School of Law, University of California at Berkeley, 1970, top 10% of the class and Editor of the Law Review. A.B. cum laude Harvard College, 1967, National Merit Scholar. Mr. Werner has been granted the highest Martindale-Hubbell AV Preeminent rating for both legal ability and ethical standards.
Mr. Werner has been certified as a Legal Specialist in Immigration and Nationality Law by the State Bar of California Board of Legal Specialization for over 20 years; he was in the first group of immigration law specialists certified. Mr. Werner serves on the California State Bar Immigration and Nationality Advisory Commission, helping to write and grade the immigration specialty exam (2007-2010). He has been designated a Northern California Super Lawyer in the field of Immigration Law by his peers.
Course Price:
Free. (Normally $19.99)
Contractor's License Law: Common Issues and Answers
Contractor's License Law: Common Issues and Answers Details
Price:
Free. (Normally $19.99)
Course Description
Construction Law attorney Gregory Shaughnessy addresses the core issues relating to claims for compensation by contractors and defenses to such actions. He sets forth the
types and classifications of contractors and addresses the key issues which arise in these cases, such as capacity, acting within classification, the requirement of bona fide RMEs and RMOs for partnerships and corporations to recover, various defenses to claims for compensation, issues of substantial compliance and precision in the certificate for the name of the contractor. He also discusses why actions in quantum meruit, mechanics liens and arbitration awards may not be enforceable.
Course Agenda
Course Agenda: Introduction and Overview
Did the Claimant act in the capacity of a Contractor?
Did the Claimant act within their classification?
Did the Claimant have a proper Responsible Managing Employee? (RME) or Responsible Managing Officer (RMO)?
Is the action for recovery of compensation as a Contractor?
Are there other exceptions or other defenses?
Was there substantial compliance?
Acting in the Capacity of a Contractor
Exceptions, definitions, improvements on own property
Disgorgement of compensation
Acting within Classification
License Classifications: A General engineering, B General building and C Specialty contracting. Over 40 categories of specialty contracting.
Review of key cases, trials and trends.
RME/RMO
Corporations and partnerships can only qualify for a contractors license through a Responsible Managing Employee? (RME) or Responsible Managing Officer? (RMO).
RME must be a bona fide employee. If not, recovery may be barred.
Defenses Substantial Compliance The Contracting Party
Lack of precision in name of the contractor may create risk of recovery. Study the entity to whom the license was issues
Course Credit per State
AZ - General: 0.75 Credits CA - General: 1.0 Credits NY - General: 1.0 Credits TN - General: 0.98 Credits WV - General: 1.18 Credits
Course Presenter(s)
Gregory R. Shaughnessy
Mr. Shaughnessy specializes in construction, real estate, insurance and commercial litigation. He has served as counsel in disputes and transactions involving major civil and building projects throughout California and the Asia/Pacific region. His clients have included land owners, developers, general contractors, subcontractors and suppliers.
Prior to forming the Law Offices of Gregory R. Shaughnessy, Mr. Shaughnessy was Of Counsel at Thelen Reid & Priest from 1998 - 2006. Mr. Shaughnessy has also served as General Counsel for the International Division of Sumitomo Mitsui Construction Co., Ltd., in Tokyo, Japan from 1996 to the present, as well as General Counsel for Sumitomo Construction America, Inc., in Long Beach and Burlingame, California from 1993 - 1995. He also served as an associate at Thelen, Marrin, Johnson & Bridges in San Francisco from 1987 to 1993.
Course Price:
Free. (Normally $19.99)
Copyright 101: What Every Non-IP Lawyer Should Know About Copyrights!
Copyright 101: What Every Non-IP Lawyer Should Know About Copyrights! Details
Price:
Free. (Normally $19.99)
Course Description
You don't practice copyright law, but in this age of Facebook, YouTube, Online Content, and Blogs your clients are asking "how do I protect my
valuable content and what must I do to avoid being sued?" Knowing the basics of copyright law can go a long way toward making you and your
clients feel comfortable. Understanding what is a copyright, what can be protected and what can''t, the duration of a copyright, who actually
owns a copyright, and how to avoid being sued, are essential question you can answer for your clients-even if you are a non-IP lawyer.
Course Agenda
Why Should You Care About Copyright Law?
What is Intellectual Property?
A Bundle of rights.
IP Bundle of Rights?
What is a Copyright?
What is a "Fixed" form?
What Can Be Protected by Copyright?
What is Not Protected??
How long does a Copyright last?
Who Owns a Copyright?
Rights of a Copyright Holder
How to Protect Your Copyright?
What is Copyright Infringement?
What is NOT Infringement?
Course Credit per State
AK - General: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits IN - Distance Learning: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits TN - General: 1.0 Credits TX - General: 1.0 Credits VT - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 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.
Commercial loss is a business loss of profits or loss of asset value as a result of actions of another party. Under the Expectations remedy, the breaching party would pay an amount so that plaintiff would be as well off as expected had the breach not occurred. Under the Reliance remedy, the payment amount would make plaintiff as well off as if they never entered in to the contract.
In this video, Economist Dr. George Jouganatos explains how commercial loss may be most effectively and accurately determined, and sets forth the proper analysis and the many factors which are involved in this process. He covers all the basics, from the actual equations used to calculate damages to the important concepts which may be involved in business matters.
How to you measure lost profits? What are the definitions of the key terms in the language of economic calculations, such as Gross Profit Margin, Net Profit margin,
Loss of Working Capital, Loss of Inventory, Discounting to Present Value and Present Value of Future Net Profits? Dr. Jouganatos provides answers for attorneys involved in business litigation and related practice areas.
How do you determine Loss of Business Value? Again, Dr. Jouganatos issues such as how to calculate a price earnings ration and how to compare it with industry averages, how the value of a smaller companies may be discounted due to lack of marketability and Goodwill Loss.
Course Agenda
Course Agenda: Measuring Lost Profits Overview
Loss of revenues
Short-term increase in operating costs, loss of working capital (current assets), loss of inventory
Loss of fixed capital (equipment) or underperformance of equipment
Definitions:
Gross Profit Margin = Gross profits divided by revenues.
Net Profit margin = Net profits divided by revenues.
Loss of Working Capital
Loss of Inventory
Discounting to Present Value
Present Value of Future Net Profits
Length of the Damage Period Other Causes of Business Failure Models of Economic Loss
Lost profits
Loss of Business Value
Earnings multiple approach is another method in calculating the value of a business.
Collateral Damage
Mitigation of Losses
Goodwill Loss
Failed New Business (new ventures and unestablished business)
Course Credit per State
AZ - General: 1.25 Credits CA - General: 1.5 Credits NY - General: 1.5 Credits TN - General: 1.48 Credits WV - General: 1.78 Credits
Course Presenter(s)
George Jouganatos
George A. Jouganatos has been a professor of economics for over 17 years. He has taught economics, finance, and quantitative analysis at University of California, Davis, University of California, Santa Cruz, California State University, Sacramento, and California State University, Hayward. He has published and engaged in seminars in the fields of the economics of development, political economy, economic history, environmental economics, public policy, and economic modeling and forecasting.
Dr. Jouganatos conducted research at the University of Athens and the Center of Economic Research and Planning in Athens, Greece where he conferred with many of the nation''s top economists and political officials. The fruit of the research resulted in a seminal book on the development of the Greek economy. His work on the Greek economy has been cited numerous times. He also engaged in research at the Institute of Development Studies, University of Sussex.
He works as a consulting economist providing economic and statistical analysis for the private and public sectors since 1991. He has written many economic impact, efficiency, cost, and feasibility studies. He has designed economic models, strategic plans, and performance measures. Dr. Jouganatos serves as an expert witness for cases involving personal Injury, wrongful death, wrongful termination, housing discrimination, employment discrimination, economic loss, business valuations, public finance, and breach of contracts. He has consulted and given testimony for numerous attorneys in California as well as in Nevada, Iowa, Montana, Hawaii and New York.
His selected clients include California Department of Boating and Waterways, California Resources Agency, California Attorney General, California Department of Finance, California Department of Education, California Department of Transportation, California Department of Justice, California Department of Corrections. Governor''s Office of Planning and Research, City of San Francisco, Harcourt Brace, State Farm Insurance, General American Investments, Individual Rights Foundation, Allied Electric Motor, Bank of New York, and numerous law firms.
Dr. Jouganatos has advised California State Assembly and Congressional candidates on economic issues and policies. He was asked to review economic platforms of United States Senate and California gubernatorial candidates. On several occasions he has provided brief commentaries on economic events and issues for television and radio.
In 2000, he was awarded a Faculty Research Fellows Grant from the Center of California Studies, California State University, Sacramento to analyze state land holdings for the Governor''s Office of Planning and Research.
He received a Ph.D. in economics from the University of California at Riverside.
In this program Dr. Jouganatos explains how damages are calculated and how economic analysis plays a pivotal role in case development and trial. Dr. George Jouganatos is a consulting economist providing economic and statistical analysis for the private and public sectors. He is in demand as an expert witness for cases involving personal injury, wrongful death, wrongful termination, housing discrimination, employment discrimination, economic loss, business valuations, lost profits, divorce, and public finance.
Course Agenda
Compensatory Damages
Loss of earnings (all forms of compensation) past and future
Benefits, including pension.
No loss of Social Security
Retraining or additional training costs and relocation costs.
The Calculations
Historic Loss (''back pay'')
Present Value of Future Loss (''front pay)
Worklife issues
Wage growth rate
Inflation rate
Discount Rate "controversy"
Net discount rate
Tax issue
Salary or compensation basis
Mitigation of loss
Punitive Damages
Economic analysis only in assessing defendant''s financial condition
Course Credit per State
AK - General: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits FL - General: 1.0 Credits MO - Self Study: 1.0 Credits MS - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits TN - General: 1.0 Credits TX - General: 1.0 Credits VT - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
George Jouganatos
George A. Jouganatos has been a professor of economics for over 17 years. He has taught economics, finance, and quantitative analysis at University of California, Davis, University of California, Santa Cruz, California State University, Sacramento, and California State University, Hayward. He has published and engaged in seminars in the fields of the economics of development, political economy, economic history, environmental economics, public policy, and economic modeling and forecasting.
Dr. Jouganatos conducted research at the University of Athens and the Center of Economic Research and Planning in Athens, Greece where he conferred with many of the nation''s top economists and political officials. The fruit of the research resulted in a seminal book on the development of the Greek economy. His work on the Greek economy has been cited numerous times. He also engaged in research at the Institute of Development Studies, University of Sussex.
He works as a consulting economist providing economic and statistical analysis for the private and public sectors since 1991. He has written many economic impact, efficiency, cost, and feasibility studies. He has designed economic models, strategic plans, and performance measures. Dr. Jouganatos serves as an expert witness for cases involving personal Injury, wrongful death, wrongful termination, housing discrimination, employment discrimination, economic loss, business valuations, public finance, and breach of contracts. He has consulted and given testimony for numerous attorneys in California as well as in Nevada, Iowa, Montana, Hawaii and New York.
His selected clients include California Department of Boating and Waterways, California Resources Agency, California Attorney General, California Department of Finance, California Department of Education, California Department of Transportation, California Department of Justice, California Department of Corrections. Governor''s Office of Planning and Research, City of San Francisco, Harcourt Brace, State Farm Insurance, General American Investments, Individual Rights Foundation, Allied Electric Motor, Bank of New York, and numerous law firms.
Dr. Jouganatos has advised California State Assembly and Congressional candidates on economic issues and policies. He was asked to review economic platforms of United States Senate and California gubernatorial candidates. On several occasions he has provided brief commentaries on economic events and issues for television and radio.
In 2000, he was awarded a Faculty Research Fellows Grant from the Center of California Studies, California State University, Sacramento to analyze state land holdings for the Governor''s Office of Planning and Research.
He received a Ph.D. in economics from the University of California at Riverside.
Course Price:
Free. (Normally $19.99)
Economic Analysis in Personal Injury and Wrongful Death Cases
Economic Analysis in Personal Injury and Wrongful Death Cases Details
Price:
Free. (Normally $19.99)
Course Description
In this program, Dr. George Jouganatos, discusses the factors involved in properly valuing a personal injury or wrongful death case. The factors involved may vary from case to case and in some smaller cases may not arise, but in cases involving more serious and long term injuries, an understanding of the economic analysis of the personal injury case is essential. Dr. Jouganatos explains the issues involved in calculating compensatory damages, the present value of future loss, worklife, salary base, discount and growth rates, growth rate of future medical costs, unused vacation, pensions, Social Security, household services and more. This program is ideal for those lawyers new to personal injury practice as well as those litigators who want to share the perspective and knowledge of a seasoned and highly respected economist.
Course Agenda
Overview
Compensatory Damages
Punitive Damages
Hedonic Loss
The Calculations
Present Value (PV) Of Future Loss
The Main Components of the Analysis
Worklife
Salary Base
Discount Rate
Growth Rate (of salary)
Growth Rate of Future Medical Costs
Other Issues or non-Issues
Pension
Social Security
Unused Vacation
Mitigation of Loss
Taxes
"Lost Years"
No deduction for future living expenses
Course Credit per State
AK - General: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits IN - Distance Learning: 1.2 Credits MO - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits TN - General: 1.25 Credits TX - General: 1.25 Credits VT - General: 1.25 Credits WV - General: 1.48 Credits
Course Presenter(s)
George Jouganatos
George A. Jouganatos has been a professor of economics for over 17 years. He has taught economics, finance, and quantitative analysis at University of California, Davis, University of California, Santa Cruz, California State University, Sacramento, and California State University, Hayward. He has published and engaged in seminars in the fields of the economics of development, political economy, economic history, environmental economics, public policy, and economic modeling and forecasting.
Dr. Jouganatos conducted research at the University of Athens and the Center of Economic Research and Planning in Athens, Greece where he conferred with many of the nation''s top economists and political officials. The fruit of the research resulted in a seminal book on the development of the Greek economy. His work on the Greek economy has been cited numerous times. He also engaged in research at the Institute of Development Studies, University of Sussex.
He works as a consulting economist providing economic and statistical analysis for the private and public sectors since 1991. He has written many economic impact, efficiency, cost, and feasibility studies. He has designed economic models, strategic plans, and performance measures. Dr. Jouganatos serves as an expert witness for cases involving personal Injury, wrongful death, wrongful termination, housing discrimination, employment discrimination, economic loss, business valuations, public finance, and breach of contracts. He has consulted and given testimony for numerous attorneys in California as well as in Nevada, Iowa, Montana, Hawaii and New York.
His selected clients include California Department of Boating and Waterways, California Resources Agency, California Attorney General, California Department of Finance, California Department of Education, California Department of Transportation, California Department of Justice, California Department of Corrections. Governor''s Office of Planning and Research, City of San Francisco, Harcourt Brace, State Farm Insurance, General American Investments, Individual Rights Foundation, Allied Electric Motor, Bank of New York, and numerous law firms.
Dr. Jouganatos has advised California State Assembly and Congressional candidates on economic issues and policies. He was asked to review economic platforms of United States Senate and California gubernatorial candidates. On several occasions he has provided brief commentaries on economic events and issues for television and radio.
In 2000, he was awarded a Faculty Research Fellows Grant from the Center of California Studies, California State University, Sacramento to analyze state land holdings for the Governor''s Office of Planning and Research.
He received a Ph.D. in economics from the University of California at Riverside.
This program addresses how attorneys can modify behavior with clients, employees and colleagues so as to both avoid acts of Bias and increase professionalism. The speakers review Incivility as Bias, Age Discrimination and Gender Bias, the Rules of Professional Conduct, case law, statutory law, positions of State Bar Associations, the role of the Discipline System in Bias matters and common scenarios where Bias may arise. The speakers also review inequities among women lawyers and make suggestions on how bias against among minority women lawyers may be remedied.
Course Agenda
Incivility as Bias
What is Bias?
Missing from the rules: Incivility as a form of bias
Definition of Bias
Thesis: This Requirement Should Seek To Eliminate INCIVILITY And Not Just BIAS
Bias in Law Practice: 2 Rules = Broad Guidance
California Rules Of Professional Conduct
What about Civility?
Discipline (or lack thereof) under rule 2-400
In the Matter of Judge Jensen (NY)
Age Discrimination
The Age Discrimination in Employment Act of 1967
Large Law Firm Policies on Mandatory Retirement (EEOC Claim)
Scenarios where age bias may be manifested
What are the root causes of age discrimination?
How do different cultures view their elders, and can this affect attorney-client relationships in particular cases?
Gender Discrimination
What is bias?
Scenarios where gender bias may be manifested
Inequities in partnerships: minority women
Inequities among women lawyers
Suggested Remedies for Bias Against Minority Women Lawyers
Gregory Alan Rutchik is the founding lawyer of the arts and technology law group. a firm focused on intellectual property infringement litigation and technology transactions.
Attorney Rutchik's practice focuses on: copyright and trademark infringement litigation, "bet the business" disputes about technology, preparing and negotiating a diverse set of agreements to commercialize, and the development and distribution of software and information technology.
Gregory Alan Rutchik's practice focuses on preparing and negotiating a diverse set of agreements to commercialize, develop and distribute software and information technology. His experience includes general commercial and contractual law issues, in and out licensing and distribution agreements, technology development and maintenance agreements, agreements for technology-related consulting services, telecommunications services and complex information technology outsourcing agreements.
Current and former clients include public and private entities in business ranging from managed infrastructure service providers, embedded OS developers and consumer products to Palm software applications.
Mr. Rutchik received a J.D. in 1992 from the Beasley School of Law, Temple University, Philadelphia, Pennsylvania where he was a member of the Dean's List. He received a B.A. in American Studies from Skidmore College, Saratoga Springs, New York, in 1987.
Mr. Rutchik was a Fulbright Fellow at the University of Tokyo, Graduate School of Law from 1992 - 1993. His focus was the Licensing of technology by Japanese information technology companies. Upon completing his Fulbright, he published some of the results of his research in a work entitled Japanese Research Projects and Intellectual Property Rights (US Commerce Department, 1996.)
Mr. Rutchik is a member of the State Bar of California, the State Bar of Connecticut, the State Bar of New York, the Bar of the District of Columbia and the American Bar Association. He is a member of the Board of Directors of the Central Pacific Region of the Anti-Defamation League.
Joanne Haag
Joanne Haag practices immigration law on the Monterey Peninsula, in Salinas and in San Jose. She is an active member of the American Immigration Lawyers Association and lobbies Congress in Washington, D.C each year for better immigration laws.
Ms. Haag's practice focuses on consultations with businesses regarding the E-Verify system, I-9 procedure and audit avoidance, and employer liabilities and sanctions. In the area of personal and family immigration law she helps clients with legal permanent residence (green cards) and naturalization issues. Attorney Haag is also a former arbitrator for the Santa Clara Superior Court and a pro-tem judge and mediator in the Santa Clara County Small Claims Court.
Ms. Haag received her J.D. from University of California Hastings College of the Law, San Francisco.
Ethical Considerations for Patent Attorneys Details
Price:
Free. (Normally $29.99)
Course Description
Registered Patent Attorney Steven A. Nielsen presents "The Big Picture" of ethical issues faced by patent attorneys. He methodically provides actual case examples in which attorneys have run afoul of specific disciplinary rules and describes the consequences which have resulted from their violations.
Patent attorneys are bound by their local State Bar Rules and the Code of Conduct contained in Code of Federal Regulations Title 37. Among the many local State Bar Rules addressed are the duties to maintain client secrets, to maintain a client trust account and to address actual and potential conflicts of interest. Mr. Nielsen then walks through the Patent and Trademark Office Code of Professional Responsibility Canons and Disciplinary Rules, distinguishing between them, addressing each Canon and providing guidance on how to avoid disciplinary proceedings resulting from violations. From fee agreements to inventor conflicts of interest, security issues ranging from the basics of locks on file cabinets to encryption, to limiting business relationships with clients, Mr. Nielsen covers the spectrum of the disciplinary minefield. This is truly a program in which the adage "an ounce of prevention is worth a pound of cure" applies.
Course Agenda
The Big Picture
Patent attorneys are bound by their local state bar rules and Registered patent attorneys are bound by the Code of Conduct contained in Code of Federal Regulations Title 37.
Local State Bar Rules Apply
As a registered patent attorney the local state bar rules include:
A duty to maintain client secrets
A duty to maintain a client trust account
A duty to address actual and potential conflicts of interest
Canons v. Rules
The Canons are statements or instructions of what a practitioner "should do"
The Disciplinary Rules are statements of what a practitioner "shall" do or not do
Review of Canons and Disciplinary Rules with Real World Examples
Canon 1. Section 10.21- A practitioner should assist in maintaining the integrity and competence of the legal profession.
Canon 2 A practitioner should assist the legal profession in fulfilling its duty to make legal counsel available"
Canon 3 - A practitioner should assist in preventing the unauthorized practice of law
Canon 4 - Client Secrets. A practitioner should preserve the confidences and secrets of a client.
Canon 5 - Independent Professional Judgment: A practitioner should exercise independent professional judgment on behalf of a client.
Canon 6 - Competence - A practitioner shall not neglect a legal matter entrusted to the practitioner.
Real World Ethical Issues
Threatening Criminal Prosecution
Disclose Adverse Legal Authority
Inventor Conflicts
Fee Agreements
To Search or Not? No duty to search for prior art
Patent Litigation
Pre-Litigation Markman Analysis
Ethics of Pre Litigation
Litigation Blowback
Office of Enrollment and Discipline (OED) Tales of Woe and Anguish
Malpractice Suits
Conflict of Interest
Money Problems and Issues
Bad Checks
Tax Fraud
Bounced Checks to the USPTO
Course Credit per State
AK - Ethics: 2.0 Credits AZ - Ethics: 2.0 Credits CA - Ethics: 2.0 Credits CO - Ethics: 2.5 Credits IN - Ethics: 2.0 Credits MO - Self Study: 2.0 Credits NH - Ethics: 2.0 Credits NV - Ethics: 2.0 Credits NY - Ethics: 2.0 Credits TN - Ethics: 2.0 Credits TX - Ethics: 2.0 Credits VT - Ethics: 2.0 Credits WV - Ethics: 2.4 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.
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 KY - Ethics: 1.0 Credits MO - Ethics: 1.0 Credits NV - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits TN - Ethics: 1.0 Credits TX - Ethics: 1.0 Credits VT - Ethics: 1.0 Credits WV - Ethics: 1.2 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.
F.R.C.P. Witnesses in Electronic Discovery Cases Details
Price:
Free. (Normally $19.99)
Course Description
As technology continues to transform the way lawsuits are planned and executed, the role of the "30(b)(6) witness" has grown in importance. U.S. Federal Rule of Civil Procedure 30(b)(6) provides the means to obtain testimony about an organization's policies and procedures concerning electronically stored information (ESI), and a firm understanding of this rule is essential. Rule 30 (b)(6) allows a party to "name as the deponent a public or private" organization "and must describe with reasonable particularity the matters for examination."
Throughout the course of this program, attorney Albert Barsocchini stresses the need for companies to have policies in place about which the 30 (b)(6) witness may be asked to testify in a deposition. He notes that this witness is, in fact, the "corporate voice," and he provides guidance on how to select this person, including the option of using a vendor instead of someone from within the company and how to best prepare the witness. He advises on how to carefully scrutinize the Deposition Notice and how to limit its scope through a Protective Order or Motion to Quash. He notes the rising importance of Meet and Confer Conferences and discusses in depth how they can help to assess risks as well as gauge costs of e-discovery.
Mr. Barsocchini also delivers valuable tips on basic trial techniques and strategies which can apply to other high stakes cases, such as witness preparation, deposition practice and communications with opposing counsel and judges. For lawyers involved in cases in which e-discovery may be an issue, on both plaintiff and defendant sides, this program identifies and explains the core issues on which success or failure may depend.
Course Agenda
Agenda:
Current Challenges: This expert witness is the "corporate voice."
Option to use a vendor as the expert witness
Third party vendor contract advice.
Outsourced IT Departments
Witness Obligations
The ESI 30(b)(6) Deposition
Specificity of Notice, "reasonable particularity."
General subject matter: Data retention and management
The corporation must designate one or more persons on its behalf.
Possible use of interrogatories.
Importance of preparation and consideration of costs.
Selecting a 30(b)(6) Witness
Comparison of the "fact witness" vs. the "vendor."
Meet and Confer Conferences: important hot topic; necessary to discuss risks and high costs of e-discovery.
Motion for Protective Order
Motion to Quash
Witness Strategies
Not limited to current materials and information.
Risks of communication with clients by email.
Witness Preparation and Additional Strategies
Course Credit per State
AK - General: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits IN - Distance Learning: 1.1 Credits MO - Self Study: 1.0 Credits MS - General: 1.1 Credits NH - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits TN - General: 1.05 Credits TX - General: 1.0 Credits VT - General: 1.0 Credits WV - General: 1.26 Credits
Course Presenter(s)
Albert Barsocchini
Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
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 - General: 1.0 Credits AL - Online: 1.1 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits IN - Distance Learning: 1.1 Credits MO - Self Study: 1.0 Credits MS - General: 1.1 Credits NC - Online: 1.0 Credits NH - General: 1.1 Credits NJ - General: 1.3 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits SC - Online: 1.12 Credits TN - General: 1.12 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits VT - General: 1.0 Credits WV - General: 1.34 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)
Immigration Opportunities for the World's Top Athletes, Artists, Performers, and Scientists
Immigration Opportunities for the World's Top Athletes, Artists, Performers, and Scientists Details
Price:
Free. (Normally $19.99)
Course Description
At a time when Congressional push-back is the norm, rather than let's get the best and brightest to the U.S., this program addresses the question: what is the Best Strategy to secure a Green Card? The speakers, each certified by the State Bar of California Board of Legal Specialization as a Certified Specialist in Immigration and Nationality Law, examine the advantages of Priority Worker categories, (avoidance of labor certification, avoidance of China and India EB-2 quota backlogs and self-sponsorship option) and compare this with the advantages of Labor Certification. They discuss how extraordinary ability is defined (sustained national or international acclaim) and how it can be documented in various fields of endeavor. They examine Outstanding Researchers and Professors, (must be recognized internationally as outstanding in the academic field), and related issues such as what is research and the nature of qualifying employer sponsorship. They discuss how a professional athlete with an approved labor certification may be accorded EB-2 classification as a person with exceptional ability in the arts.
The speakers then review the availability of judicial review of agency action, with a review of Kazarian v. USCIS (9th Cir. 2010) and other court challenges. They outline evidence accepted by the USCIS to establish outstanding ability and discuss the waiver of labor certification in the national interest (NIW). Of particular note is the impact of entrepreneur employment creation opportunities and strategies to consider for this category. The speakers then discuss a range of issues regarding temporary visas for athletes and actors, and the various standards for these categories.
Course Agenda
Advantages of Priority Worker categories - Avoidance of labor certification, avoidance of China and India EB-2 quota backlog, avoidance of EB-3 quota backlog (for those who do not have Bachelor's degrees, self-sponsorship (EB-1A and NIW)
"Extraordinary Ability" - Those "in the sciences, arts, education, business, or athletics" who have demonstrated "sustained national or international acclaim" and who have risen to the very top of the field of endeavor.
"Outstanding Researchers and Professors" - Lower standard - must be "recognized internationally as outstanding in the academic field", BUT "outstanding" is not defined in regulations (unlike "extraordinary")
Schedule A, Group II - Lower standard than EB-1A? Exceptional ability in the sciences or arts" or "performing arts" (is not the same "exceptional ability" for EB-2 in lieu of advanced degree.
Professional athlete with an approved labor certification may be accorded EB-2 classification as a person with "exceptional ability in the arts"
Highly subjective determination, but judicial review may be available.
Categories of evidence accepted by the USCIS to establish "outstanding" ability (for researchers and professors) minimum two.
Waiver of labor certification in the national interest (NIW)
Temporary visas for athletes (lower standard than the green card standard)
O-1 temporary visas available for those with "extraordinary ability" in science, education, or business - similar to EB-1A category.
Actors and others in the field of arts are held to a lower standard for the O-1 visa: need only show "prominence" in the field of endeavor
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits NY - General: 1.0 Credits TN - General: 1.3 Credits WV - General: 1.24 Credits
Course Presenter(s)
JAMES A. BACH, ESQ.
Mr. Bach has been working exclusively with immigration cases for several decades, and has lectured and written extensively on immigration law subjects. Mr. Bach is one of less than 8% of California immigration attorneys certified by the State Bar of California Board of Legal Specialization as a Certified Specialist in Immigration and Nationality Law.
He has been given the highest A/V rating by Martindale-Hubbell for ability and ethics for over a decade, and is included in the current Martindale-Hubbell Bar Register of Preeminent Lawyers. From 1987 to 1990, Mr. Bach was the head of the Immigration Law Department of Crosby, Heafey, Roach & May (now Reed Smith). Currently Mr. Bach serves as Chair of the State Bar's Immigration and Nationality Advisory Commission, which writes and grades the California Immigration and Nationality Specialty Examination. He is also an Arbitrator for the San Francisco Bar Association.
ROBERT G. WERNER, ESQ.
ROBERT G. WERNER has been practicing immigration law in San Francisco since 1971, after being educated at Harvard and Berkeley and assisting a Professor at the University of Florence, Italy. J.D. Boalt Hall School of Law, University of California at Berkeley, 1970, top 10% of the class and Editor of the Law Review. A.B. cum laude Harvard College, 1967, National Merit Scholar. Mr. Werner has been granted the highest Martindale-Hubbell AV Preeminent rating for both legal ability and ethical standards.
Mr. Werner has been certified as a Legal Specialist in Immigration and Nationality Law by the State Bar of California Board of Legal Specialization for over 20 years; he was in the first group of immigration law specialists certified. Mr. Werner serves on the California State Bar Immigration and Nationality Advisory Commission, helping to write and grade the immigration specialty exam (2007-2010). He has been designated a Northern California Super Lawyer in the field of Immigration Law by his peers.
Course Price:
Free. (Normally $19.99)
Internal Investigations: Proactive and Reactive Responses Using Technology and Process
Internal Investigations: Proactive and Reactive Responses Using Technology and Process Details
Price:
Free. (Normally $19.99)
Course Description
In this program Albert Barsocchini discusses a wide array of legal issues on the use of technology and effective investigation teams to understand and diagnose problems within a corporation, including both internal and external threats. The internal investigation is frequently used to help a corporation avoid or limit possible criminal or civil liability and exposure and correct significant problems. A flawed investigation can result in allegations of obstruction of justice, damage to the corporation's reputation, creation of negative evidence that may be used in future criminal or civil proceedings and destruction of evidence that could be helpful to the company's defense. Triggers can include a search warrant, government subpoena or voluntary request for information, a whistleblower, HR matters, media reports, financial restatements and Board or Audit Committee concerns among them.
Mr. Barsocchini explains data protection, privacy legislation and new litigation rules and how to ensure that the company's "Crown Jewels," such as its Intellectual Property, remain in authorized locations. He sets forth ten red flags of potential corporate threats and provides a Best Practices internal investigation policy. This program is extremely valuable to attorneys engaged in the entire scope of corporate governance, both inside and outside counsel.
Course Agenda
Agenda:
What is an internal investigation?
Flawed internal investigations
Is an internal investigation appropriate?
U.S. approach to data protection and privacy
Convergence" of SOX, privacy issues, corporate governance data audit and security
The need for a comprehensive approach to internal investigations
Trends
Triggers for Investigations
Understanding data location, including central servers
Evolving corporate threats - e.g., there can be thousands of attempts to breach a firewall every day
Proactive considerations
Technology obsolescence
Flawed vs. desirable investigators
Challenges: agreements with cloud providers, conflicts of interest with risk of IT Department as fact witnesses, E-Mail inherently out of context - constitutes 80% of E-Discovery
Red Flags - What to be on the lookout for
Recommendations
Getting started - have a document retention policy, identify and retain evidence, who conducts the investigation and how, scope, what is done with the results of the internal investigation
Investigation objectives - possible use of an evidence server not connected to the network
Best Practices and rewards
How to coordinate inside and outside counsel
How to start the process if there is no previous team in place
Course Credit per State
AK - General: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits IN - Distance Learning: 1.0 Credits MO - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits TN - General: 1.03 Credits TX - General: 1.0 Credits VT - General: 1.0 Credits WV - General: 1.24 Credits
Course Presenter(s)
Albert Barsocchini
Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
Course Price:
Free. (Normally $19.99)
Investigation and Electronic Discovery in the Cloud
Investigation and Electronic Discovery in the Cloud Details
Price:
Free. (Normally $19.99)
Course Description
As more and more businesses migrate to the Cloud to store information and conduct business, it is both a practical necessity and a legal obligation for attorneys to fully understand the legal and ethical issues regarding investigation and e-discovery in the Cloud. A California State Bar Special Master in the search and seizure of legally privileged and confidential matters and former Associate General Counsel for Guidance Software, e-Discovery expert Albert Barsocchini discusses the risks which arise once a company ventures outside of the firewall, how attorneys can protect their clients and how to most effectively and economically manage e-Discovery litigation. With third party vendors sometimes located in other parts of the world, issues of security of intellectual property and other privileged information become of paramount importance. This program identifies and addresses these issues in direct and understandable fashion.
Course Agenda
Agenda:
Definitions of Terms Cloud Service Providers, Users
Cloud Types: Public, Private and Hybrid
Major legal issues: Information in Third-party Hands, Internal Investigations, Ethical Duties, Inherent Risks with Outside Vendors Beyond the Firewall, Transborder Data Flow
eDiscovery Issues: Duty to Preserve, Litigation Holds, Due Diligence, Meet and Confer Conferences, Data Access Contracts, Subpoena Issues in the Cloud
General Legal Issues - HIPAA, ECPA, Patriot Act
Law Enforcement, Record Management, Terms of Service
Criminal Investigations, Evidence Servers, Unfriendly Governments and Sleeper Codes, Data Management Teams
Data Breaches and Potential Consequences, Privacy Insurance, Due Diligence Strategies, Burdens and Legal Requirements, Costs, Corporate Governance
Course Credit per State
AK - General: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits IN - Distance Learning: 1.1 Credits MO - Self Study: 1.0 Credits MS - General: 1.1 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits TN - General: 1.05 Credits TX - General: 1.0 Credits VT - General: 1.0 Credits WV - General: 1.26 Credits
Course Presenter(s)
Albert Barsocchini
Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
Course Price:
Free. (Normally $19.99)
Legal Issues of Playing in the Social Media Sandbox
Legal Issues of Playing in the Social Media Sandbox Details
Price:
Free. (Normally $19.99)
Course Description
Labor and Employment Law and Intellectual Property attorneys now regularly face unique variations on issues such as slander and libel, privacy and trade secrets, and phenomena such as YouTube, Facebook and Twitter are part of the lexicons of today's businesses. Attorneys need to know both the benefits and potential legal pitfalls inherent in the world of social media in order to effectively advise their business clients. Marin County attorney Francine Ward illuminates these issues and discusses the ethical landmines which have arisen along with the Social Media phenomenon
Course Agenda
What is Social Media Anyway?
What is Intellectual Property?
Copyrights
Trademarks
Patents
Trade Secrets
Rights of Publicity
Common Mistakes:
Not having a Social Media Use Policy,
Making defamatory statements on Twitter, Facebook or in your Blog
The unauthorized use of copyright protected material (videos, music, text, photos)
The unauthorized use of trademark protected material (logos, designs, keywords)
Second Life "Terms of Use"
Ethical Landmines:
Rule 1-400 Advertising & Solicitation
Rule 1-300 Unauthorized Practice of Law
Rule 2-100 Communication With a Represented Party
Rule 3-100 Confidential Information of a Client
Relevant California State Bar Ethical Opinions
Attorney Advertising ? 2001-155
Attorney/Client Privilege ? 2003-161
Web site Disclaimers ? 2005-168
Chat Room Discussions ? 2004-166
Course Credit per State
AK - General: 1.0 Credits AZ - General: 0.75 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits FL - General: 1.0 Credits NY - General: 1.0 Credits TN - General: 0.9 Credits TX - General: 1.0 Credits VT - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.08 Credits
Course Presenter(s)
Francine Denise Ward
A 1989 graduate of Georgetown University Law Center, Francine Denise Ward earned her undergraduate degree in 1986 from the City University of New York---Hunter College. Admitted to practice in both California and New York, her IP focus is on copyrights, trademarks, internet, and publishing law. Ms. Ward has carved out a niche working with eCommerce entrepreneurs, information marketers, authors, and professional speakers.
Not surprisingly, Francine loves working with entrepreneurs and authors--because she is one! She understands from firsthand experience the importance of safeguarding what she's invested so much time and money creating, e.g, books, articles, web content, product, videos, her brand and the right to create these things. She?s written two self-help books (Esteemable Acts: 10 Actions for Building Real Self-Esteem and 52 Weeks of Esteemable Acts: A Guide to Right Living), has given a number of motivational business keynotes, and has talked extensively to entrepreneurs on the importance of protecting their valuable intellectual property. She has now expanded her reach to social media, including the Second Life.
Francine Ward is an active member of the American Bar Association's Intellectual Property Law Section, and currently chairs Committee 408 (In the Interest of Individuals and Small Businesses). Always willing to be of service and forever involved in her community, Francine volunteers her time helping women struggling with addiction who have lost their kids, she?s on the boards of the National Council on Alcoholism and Other Drugs in the Bay Area and the National Speakers Association, and is a pro-bono volunteer lawyer through the VLSP program with the San Francisco Bar Association. Francine D. Ward resides in Mill Valley, CA with her husband Richard Lipfield, and three cats, Mango, Spike, and Kiwi.
In this program, patent attorney Steven Nielsen guides attorneys through the rules and techniques of how to draw clear, effective patent applications. Mr. Nielsen demonstrates suggested techniques and useful technology as he reviews the Rules of the U.S. Manual of Patent Examining Procedures.
Reference numbers, organization technology, recommended software, use of PDF and description of the different "views" used in drawings are among the topics Mr. Nielsen covers. His use of PDF actual patent drawings helps emphasize how examiners pay close attention to the rules and why it is so important for patent attorneys to understand them.
Effective drawings can help show a jury and judge just what the patent covers and can help clients who may be looking to secure VC funding and can save time in describing the invention. Mr. Nielsen provides valuable information on how to create effective drawings using both the Rules and the right technology in this enjoyable program.
Course Agenda
Course Agenda
Why Have Clear Drawings?
PPAs are often sent back as having "Missing Parts" with no filing date granted. In court, drawings help show a jury and judge just what your patent covers. Can help clients looking to secure VC funding; clear drawings save time in describing the invention.
Provisional Patent Applications (PPA)
Goal: Produce an Application that shows a judge and jury that your client reduced the invention to practice and that one reasonably skilled in the area could make the invention by reading the application. There is also a need to efficiently draw up an instruction book. PPAs are the backbone of Non-provisional patent applications.
Use of PDF for photos (CutePDF)
Demonstration of product, including all actual parts Recommended software. Turning photographs into drawings.
Reference Numbers: Rules, fonts and organization
Demonstration of Reference Numbers, use of spline lines; how to list reference numbers for various parts.
Demonstration of Series Organization: Any component or element of interest needs a reference number and a matching description in the specification. Create a roadmap for the examiner.
Use of multiple screens in drafting the application
Describe the Views of the patent application. Example - ball-throwing machine. Terms of art:
Isometric or Perspective View: most common; all six sides of object.
Elevational View: derived from architecture.
Plan View: two-dimensional, also derived from architecture
Front Top Back Side View (Box example) Name all six sides
Shading and Hatching. Colors are not used. Placement of sun to show shading or hatching. Art. 3, Sec. 8, U.S. Constitution as source.
Sectional View
Exploded View
Set Up the Sheets (PPA) Rules 608.02, Manual of Patent Examining Procedure
Flow Charts (schematics) and Computer Screen Shots ("Pseudo screen shots")
Each Diagram Need a Separate Figure Number
Review of PPA Drawings
Selective Enforcement: Lead lines, arrows and symbols
Non-Provisional Drawings MPEP 608.02 symbols.
Patent Drawings are Fun: Use the drawings to tell your inventor's story. Focus on the invention and "study the candle."
Course Credit per State
AK - General: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits IN - Distance Learning: 1.0 Credits MO - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits TN - General: 1.03 Credits TX - General: 1.0 Credits VT - General: 1.0 Credits WV - General: 1.24 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.
Patent Fundamentals for Non-Patent Attorneys Details
Price:
Free. (Normally $19.99)
Course Description
The Course "Patent Fundamentals for Non-Patent Attorneys" offers non-patent attorneys an overview of the nature of patents plus valuable guidance on what legal work or advice a non-patent attorney may or not be authorized to do provide to a current or prospective client.
Course Agenda
What is a patent?
Important deadlines
What is Obvious?
What patent work you may perform?
What patent work (or patent punishment) is reserved for registered patent attorneys?
Review of key cases.
Course Credit per State
AK - General: 1.0 Credits AZ - General: 0.75 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits FL - General: 1.0 Credits IN - Distance Learning: 0.9 Credits NY - General: 1.0 Credits TN - General: 0.93 Credits TX - General: 1.0 Credits VT - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.12 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)
Patent License Agreements: The Dangerous Road to Starting a Patent License Negotiation
Patent License Agreements: The Dangerous Road to Starting a Patent License Negotiation Details
Price:
Free. (Normally $19.99)
Course Description
As discussed by Mr. Nielsen in this program, any attorney may represent others in Patent License Agreements. There is no need to be registered with the USPTO to be involved with patent license agreements. This program, therefore, provides important information for lawyers who may not be solely focused in Patent Law. Mr. Nielsen provides a road map to reach a stage of negotiation for a patent license agreement, and describes the unwanted and unprofitable events that will most likely occur if care is not taken in examining the patent. He reviews current case law and describes a scenario of the lawyer''s initial contact with the potential patent licensee.
Course Agenda
What can go wrong? How bad can it be?
Wonderfully unique area law
Road to success
A Careful Study
Study the Patent
Read the Claims
Teleflex Example
Story
Patent
Claim
Federal Court Hearings
Prep work
Definitions
Approaching potential licencees or potential infringers
Other Options
Course Credit per State
AK - General: 1.0 Credits AZ - General: 0.75 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits FL - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits TN - General: 0.92 Credits TX - General: 1.0 Credits VT - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.1 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.
Personal Injury for the General Practitioner Details
Price:
Free. (Normally $27.99)
Course Description
In this 1.5 hour video, personal injury attorney Dennis E. Simmons provides attorneys with the important information needed to effectively represent clients who have been injured in automobile cases. He thoroughly covers everything from the initial telephone conference and client meeting through the steps leading to trial. He discusses how to evaluate a case, the right of insurance companies and Medi-Cal to reimbursement and how this works, contingency fee agreements and computation and payment of costs and Minor?s Compromises. Mr. Simmons thoroughly covers pre-trial investigation necessities and strategies and pre-litigation settlement considerations and demand letters.
He then discusses the Complaint itself, when and where it should be filed and served and who should be named as Defendants. He examines the Discovery process and other steps which lead to possible trial are examined, such as 998 Motions.
Course Agenda
Course Agenda:
Initial Steps and Investigation
Initial Telephone Contact
Client Meeting
Legal Fee Agreements
Pre-Litigation Investigation
Pre-Litigation Settlement Issues
The Suit
When to File
Limited v. Unlimited Jurisdiction
The Complaint
Discovery
ADR
Trial
Course Credit per State
AZ - General: 1.5 Credits CA - General: 1.5 Credits NY - General: 1.5 Credits TN - General: 1.63 Credits WV - General: 1.96 Credits
Course Presenter(s)
Dennis Simmons, ESQ.
Dennis E. Simmons, founder of the Simmons Law Firm, recently relocated his practice to San Rafael from San Francisco, where he was a partner at Morozumi & Simmons, LLP, an insurance defense firm which focused on accidents arising in the transportation industry, particularly buses, trucks, and limousines.
Prior to the formation of Morozumi & Simmons in 2000, Mr. Simmons litigated cases for Bianco, Brandi & Jones, and subsequently for The Brandi Firm in San Francisco. His cases were concentrated in the areas of personal injury, employment law, and real estate litigation. At these firms, Mr. Simmons developed a particular expertise in explosion, fire, and bus and trucking litigation.
During the past decade, he has continued to specialize in civil litigation, but his practice has also broadened to include business law, which has included preparation and analysis of various business contracts (e.g., purchase/sale contracts, licensing agreements, franchise agreements, employment agreements, independent contractor agreements, and commercial leases). In this area, his clients include numerous small businesses and sole proprietors in the Bay Area. In addition to defending businesses in wrongful termination and discrimination actions, he has advised corporations and small businesses regarding employment policies and procedures, wage and hour claims, and compliance with State and Federal labor laws.
Mr. Simmons has extensive experience representing both plaintiffs and defendants in bench and jury trials throughout California, and he has represented clients in over two hundred arbitrations and mediations. He has also represented clients in over 40 administrative hearings before the Department of Industrial Relations, Employment Development Department, Department of Motor Vehicles, and Department of Consumer Affairs. From 1992 to 2008, Mr. Simmons served as an Adjunct Professor at San Francisco Law School, teaching courses in Contracts and Sexual Harassment. He was the recipient of the "Professor of the Year Award" in 2003 and 2008.
Mr. Simmons is licensed to practice in the State of California, the Ninth Circuit Court of Appeals, and the Northern, Eastern, Central and Southern Districts of California for the United States District Court. He is a member of the American Bar Association, California Bar Association, Marin County Bar Association, and the San Francisco Bar Association, where he has served as an arbitrator in the San Francisco Bar Association's Attorney Client Fee Dispute Resolution Program since 1998. Mr. Simmons currently volunteers as a mediator in Marin County Superior Court's Bench/Bar Settlement Program.
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 - General: 1.5 Credits AL - Online: 1.4 Credits AZ - General: 1.25 Credits CA - General: 1.5 Credits CO - General: 2.0 Credits IN - Distance Learning: 1.4 Credits MO - Self Study: 1.5 Credits NC - Online: 1.25 Credits NH - General: 1.3 Credits NJ - General: 1.7 Credits NV - General: 1.0 Credits NY - General: 1.5 Credits TN - General: 1.37 Credits TX - General: 1.25 Credits UT - Self Study: 1.0 Credits VA - General: 1.5 Credits VT - General: 1.25 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.
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 - General: 1.0 Credits AL - Online: 1.1 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits IN - Distance Learning: 1.1 Credits MO - Self Study: 1.0 Credits NC - Online: 1.0 Credits NH - General: 1.1 Credits NJ - General: 1.3 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits SC - Online: 1.12 Credits TN - General: 1.12 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits VA - General: 1.0 Credits VT - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.34 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)
Responding to a Demand or Request to Purchase a Patent License
Responding to a Demand or Request to Purchase a Patent License Details
Price:
Free. (Normally $19.99)
Course Description
Your client calls you and complains about a letter demanding, suggesting or offering to sell a license to a patent. This is a serious matter and will cost $5,000 to $20,000 to resolve IF everything goes well. You will need to handle client shock and expectations.
You will hear: This is unfair. Patents are evil. This country is going down the tubes. I can't make a living. I can't afford this. No one can have a patent on that. I don't do what the title of the patent implies. Trolls don't have rights, they don't do anything productive. Can we just ignore this? How bad can it be?
Patent attorney Steven Nielsen offers advice on how you can explain the Big Picture of patent litigation to your client, including estimates of fees for protracted litigation, based on a wide range of factors. He then provides a strategic game plan on how to respond to the letter, with the end result of a thorough and effective written response which explains why your client's product does not infringe upon the patent. Tips on where to look for insurance or indemnity are included coupled with real world examples of how these cases proceed.
Course Agenda
Handling client shock and expectations
You need to explain the big picture
Average cost to litigate a patent dispute
Be Proactive in responding to the license letter
Write a careful and full letter explaining why the client's product does not infringe upon the patent
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits NC - Online: 1.0 Credits NY - General: 1.0 Credits TN - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Steven A Nielsen
Mr. Nielsen is a U.S. registered patent attorney with many years of experience in obtaining patents and achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the current chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his JD in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
This course will help you develop a contract negotiating strategy that will maximize the athletes compensation, and the athletes value on and off the field. Hosted by Joe Starkey, longtime voice of the 49ers and Cal Bears and former sports director for KGO AM, this program features noted Bay Area sports attorney Steve Baker, whose clients include many high profile NFL players, including former 49er QB Jeff Garcia. One of Steve Bakers clients, Nnamdi Asomugha, DB for the Oakland Raiders, offers the athletes perspective on attorney selection and related issues.
Course Agenda
Explain the role and qualities of the Athlete Representative in professional sports.
Define the non-statutory labor exemption in sports law and how it affects antitrust laws.
Explain the impact of collective bargaining on player contracts.
Identify at least six issues to address when negotiating an athletes contract.
Identify strategies used to deal with salary caps.
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits FL - General: 1.0 Credits IN - Distance Learning: 1.0 Credits MO - Self Study: 1.0 Credits MS - General: 1.0 Credits NY - General: 1.0 Credits TN - General: 1.0 Credits VT - General: 1.0 Credits WV - General: 1.0 Credits
Course Presenter(s)
Steve Baker
Steve Baker is a nationally known San Francisco-based sports attorney and adjunct law professor at Golden Gate School of Law. He has negotiated millions of dollars of precedent setting NFL contracts for such players as Cleveland Browns' QB Jeff Garcia, Philadelphia Eagles' fullback Jon Ritchie, Oakland Raiders' 2003 1st round draft choice defensive back Nnamdi Asomugha, Houston Texans' linebacker Kailee Wong, 49ers' Linebacker Jamie Winborn and former NFL Pro-Bowlers Ken Harvey, Ray Brown and Brian Mitchell.
Mr. Baker has also represented numerous basketball, baseball and broadcasting clients and is frequently interviewed and consulted by the national press on collective bargaining, athlete salaries, and the economic dimensions of the sports marketplace.
His firm takes on only a few new clients each year so as to provide a great deal of personal attention to them in contract negotiation, athletic training, off-field marketing and public relations work. His recent marketing deals include the Lincoln Navigator television campaign featuring Jeff Garcia. He is a graduate of Tufts University and Cornell Law School.
The Patent Crisis and How the Courts Can Solve It Details
Price:
Free. (Normally $19.99)
Course Description
Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in their book, The Patent Crisis and How Courts Can Solve It, from the University of Chicago Press, courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry.
Course Agenda
The Supreme Court''s concerns in Bilski v. Kappos
Theories and Goals of Patent Law
Patent Validation
The Obviousness Doctrine
The Experimental Use Doctrine
The Utility Factor
The Written Description Doctrine
The Potential Roles of Congress and and the Courts
The Return of the Supreme Court to the World of Patents
What to Do About Claim Construction (Chemistry cf. Software)
The "Magical Words" Doctrine: Bilski discussion
Doctrine of Equivalence, Interchangeability, and the Element by Element Rule in Patent Claims
How the Courts Should Address BioTechnology, including DNA
The Information Technology Industry: Software and the Issue of Litigation Abuse: Damages, Injunctions and the Tailoring of remedies.
Course Credit per State
AK - General: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits IN - Distance Learning: 1.1 Credits MO - Self Study: 1.0 Credits MS - General: 1.1 Credits NY - General: 1.0 Credits TN - General: 1.05 Credits TX - General: 1.0 Credits VT - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.26 Credits
Course Presenter(s)
Mark A. Lemley, Esq.
Mark Lemley is the William H. Neukom Professor of Law at 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. He teaches intellectual property, computer and Internet law, patent law, and antitrust. He is the author of seven books (most in multiple editions) and 109 articles on these and related subjects, including the two-volume treatise IP and Antitrust. His works have been reprinted throughout the world, and translated into Chinese, Japanese, Korean, Spanish, and Italian.
He has taught intellectual property law to federal and state judges at numerous Federal Judicial Center and ABA programs, has testified seven times before Congress and numerous times before the California legislature, the Federal Trade Commission and the Antitrust Modernization Commission on patent, trade secret, antitrust and constitutional law matters, and has filed numerous amicus briefs before the U.S. Supreme Court, the California Supreme Court, and the federal circuit courts of appeals. He has been named California Lawyer''s Attorney of the Year (2005), Best Lawyers'' San Francisco IP Lawyer of the Year (2010), and a Young Global Leader by the Davos World Economic Forum (2007). In 2009 he received the California State Bar''s inaugural IP Vanguard award. In 2002 he was chosen Boalt''s Young Alumnus of the Year.
He has been recognized as one of the top 50 litigators in the country under 45 by the American Lawyer (2007), one of the 100 most influential lawyers in the nation by the National Law Journal (2006), one of the top intellectual property lawyers in California (2003, 2007, 2009, 2010) and one of the 100 most influential lawyers in California (2004, 2005, 2006, and 2008) by the Daily Journal, among other honors.
Mark is a founding partner of Durie Tangri LLP. He litigates and counsels clients in all areas of intellectual property, antitrust, and Internet law. He has argued six Federal appellate cases and numerous district court cases, and represented clients including Comcast, Genentech, Google, Grokster, Hummer Winblad, Impax, Intel, NetFlix, Palm, TiVo, and the University of Colorado Foundation in 75 cases in nearly two decades as as lawyer.
After graduating from law school, Mark clerked for Judge Dorothy Nelson on the United States Court of Appeals for the Ninth Circuit, and has practiced law in Silicon Valley with Brown and Bain and with Fish and Richardson and in San Francisco with Keker and Van Nest. Until January 2000, he was the Marrs McLean Professor of Law at the University of Texas School of Law, and until June 2004 he was the Elizabeth Josslyn Boalt Professor of Law at the Boalt Hall School of Law, University of California at Berkeley.
Patrick Reilly, Esq.
Patrick Reilly is an intellectual property attorney working in the
areas of patent law, creative rights management and new media. His
law and consulting practices include patent prosecution, intellectual
property rights development and business strategy execution.
As founder and CEO of the Intellectual Property Society, Patrick produces
and hosts events, educational seminars and videoblogs in collaboration
with organizations like the the Center for Continuing Education, the
High Tech Law Institute of Santa Clara University and Stanford Law
School. He specializes in bringing together leading academics, high
technology entrepreneurs and creative workers to discuss new and
emerging legal issues that are redefining the possibilities and
dynamics of world culture.
Patrick is a graduate of the Defense Language Institute in Russian Language Studies. He has additionally earned a BS in Sociology from the State University of New York, a BS in Electrical Engineering from the University of Toledo and a JD from
Concord University. Patrick is a member of the U.S. Patent Bar and
the California State Bar.
His personal interests include linguistics, CrossFit, open water swimming and rowing, and Shakespeare Santa Cruz. Patrick is the 2010 Chair of the Santa Cruz Film Festival.
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 - General: 1.0 Credits AL - Online: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits MO - Self Study: 1.0 Credits NY - General: 1.0 Credits SC - Online: 1.0 Credits TN - 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)
Trademarks 101- An Overview for the Non-IP Practitioner
Trademarks 101- An Overview for the Non-IP Practitioner Details
Price:
Free. (Normally $19.99)
Course Description
In presentation, attorney Francine Ward covers the essential issues involved in this area of Intellectual Property Law, including: What is a Trademark, How to Select a Trademark, How to Protect Your Trademark and Post-Registration MUST-DOs.
Ms. Ward distinguishes a trademark from a copyright, discusses the four types of trademarks, what is not protected by a trademark, who owns a trademark, the levels of trademark protection, how to protect a trademark, the benefits of registration, how to register a trademark and post-registration actions, such as continued use and renewal applications. This program is ideal for any attorney who may need to advise a client on trademark issues as part of a general business law or other legal practice area.
Course Agenda
What is a Trademark?
Trademark vs. Copyright Brand Name/Source Identifier
What Can Be Protected by Trademark - Examples
Four types of Trademarks: Examples
Trademarks
Service Marks
Collective Marks
Certification Marks
What is Not Protected by Trademark (examples)
Who Owns a Trademark?
How Long Does a Trademark Last?
Levels of Trademark Protection
How to Protect a Trademark (Examples)
Use in Commerce/Register
Involuntary Loss
Don't Let it Become Generic
Benefits of USPTO Registration
How to Register a Trademark
Post-registration Actions (Examples)
Continued Use, Monitor, Renewal
Course Credit per State
AK - General: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits IN - Distance Learning: 1.1 Credits MO - Self Study: 1.0 Credits NY - General: 1.0 Credits TN - General: 1.13 Credits TX - General: 1.0 Credits VT - General: 1.0 Credits WV - General: 1.36 Credits
Course Presenter(s)
Francine Denise Ward
A 1989 graduate of Georgetown University Law Center, Francine Denise Ward earned her undergraduate degree in 1986 from the City University of New York---Hunter College. Admitted to practice in both California and New York, her IP focus is on copyrights, trademarks, internet, and publishing law. Ms. Ward has carved out a niche working with eCommerce entrepreneurs, information marketers, authors, and professional speakers.
Not surprisingly, Francine loves working with entrepreneurs and authors--because she is one! She understands from firsthand experience the importance of safeguarding what she's invested so much time and money creating, e.g, books, articles, web content, product, videos, her brand and the right to create these things. She?s written two self-help books (Esteemable Acts: 10 Actions for Building Real Self-Esteem and 52 Weeks of Esteemable Acts: A Guide to Right Living), has given a number of motivational business keynotes, and has talked extensively to entrepreneurs on the importance of protecting their valuable intellectual property. She has now expanded her reach to social media, including the Second Life.
Francine Ward is an active member of the American Bar Association's Intellectual Property Law Section, and currently chairs Committee 408 (In the Interest of Individuals and Small Businesses). Always willing to be of service and forever involved in her community, Francine volunteers her time helping women struggling with addiction who have lost their kids, she?s on the boards of the National Council on Alcoholism and Other Drugs in the Bay Area and the National Speakers Association, and is a pro-bono volunteer lawyer through the VLSP program with the San Francisco Bar Association. Francine D. Ward resides in Mill Valley, CA with her husband Richard Lipfield, and three cats, Mango, Spike, and Kiwi.
In this two-hour comprehensive overview of this growing practice area, the nation's leading Travel Law attorney, Alexander Anolik addresses the key issues which lawyers are likely to encounter in their representation of traveler as well as hospitality industry clients.
Course Agenda
Hour 1
Traveler''s Rights, Air Travel, Car Rentals, Lodging, Cruises, Tours, and international travel, travel agents, consolidators, and websites discrimination
Liability of Agents, Liability of Tour Operators, Liability of Travel Providers, US and EU Licensing and Regulations
Air Travel (Air Fares, Federal Laws, Rules and Regulations, Heightened Security and Right to Privacy, including laptops, Health, Frequent Flyer Programs, Warsaw Convention, Department of Transportation - Deceptive Business Practice and false advertising regulations, full taxes and fees and simplicity to see them before booking, Airline Overbooking and lack of passenger rights registration
Safety and Embassy Rules for Traveling Abroad
Car Rentals (Reservations, Charges and Fees, Rental Car Accidents, Car Insurance)
Travel Consumer Class Actions and Personal Injury Law
Lodging (Reservations, Overbooked Rooms and Charges, Hotel Security and Safety, Hotel Liability (Personal and Personal Belongings); Hotel and Innkeeper liability - Physical injuries on and off premises
Hour 2
Travel Agents, Tour Operators, Internet Sellers of Travel
False and Misleading and Deceptive Advertising - puffing vs. deceptive advertising, promissory estoppel, negligent misrepresentation, fraudulent misrepresentations
Cruises (Cruise Reservations, Maritime Law, Injuries on Board Forum Selection Clauses, Reasonableness and convenience, Passenger Rights and Remedies, Accidents Onboard, Accidents Onshore, Cruise Tour / Independent Contractor / Recommended Merchants, Admiralty Law, Where to sue, Res Ipsa Loquitur availability and malpractice of ship''s doctor)
Tours (Financial Conditions, Travel Insurance, State and Federal Regulations)
International Travel (Legal Issues Traveling Abroad, Key U.S. Documents), Travel abroad litigation, lack of jury, contingency fee agreements, Application of Foreign Law, EU / almost strict liability, Inconvenient forums
Internet sellers of travel, jurisdiction, passive websites, solicitation plus doctrine, choice of law clauses, possible expanded jurisdiction.
Travel Agents, Consolidations and Websites, Travel Finance and Insurance, Travel Crimes and Scams, Discrimination in Travel
Course Credit per State
AK - General: 2.0 Credits AZ - General: 2.0 Credits CA - General: 2.0 Credits CO - General: 2.5 Credits FL - General: 2.5 Credits IN - Distance Learning: 2.0 Credits MO - Self Study: 2.0 Credits NY - General: 2.0 Credits TN - General: 2.0 Credits TX - General: 2.0 Credits VT - General: 2.0 Credits WA - General: 2.0 Credits WV - General: 2.42 Credits
Course Presenter(s)
Alexander Anolik, Esq.
Alexander Anolik, a seasoned trial attorney, is widely recognized as one of the pre-eminent travel attorneys in the world. He is president of one of the largest U.S. law corporations emphasizing the practice of travel law and travel industry litigation, with a travel law support staff including attorneys, consultants, paralegals and industry trained registration assistants in his San Francisco, California offices.
Mr. Anolik received his Juris Doctor degree from Hastings Law School, San Francisco in 1967. He studied International Law at the University of California, Boalt Hall, and the Academia Internationalis Lex et Scientia, The Hague, Netherlands, in 1971. He is a member of the California and Washington D.C. Bars, and is admitted to practice in several Federal District Courts, U.S. Tax Court, and the U.S. Supreme Court.
His international expertise in "travel law" became widely known to the travel industry when he prevailed in two landmark cases: American Society of Travel Agents v. The Bank of America, 385 F.Supp. 1084 (N.D.Cal. 1974), a case restricting national banks from engaging in the travel agency business; and Foremost vs. Qantas, limiting carrier antitrust immunity.
Publications
In 1977, Mr. Anolik wrote the first comprehensive text on travel law, The Law and the Travel Industry. It is a guide for travel agents, consumers and attorneys covering basic laws governing the travel industry. The Fourth Edition published in 1995 includes State Travel Promoter and Seller of Travel legal requirements for outside agents. Prentice-Hall has commissioned a revised edition of The Law and the Travel Industry for University use to be published in 2008.
Mr. Anolik''s new books, The Frequent Traveler''s Guide and Traveler''s Rights: Your Legal Guide to Fair Treatment and Full Value (Legal Survival Guides) are now available from Amazon.com and are sold at Barnes and Noble, Borders and most other major bookstores.
He is the author of a 10 ½ hour cassette album of seminar tapes, Preventive Legal Care? for Travel Agents, which includes a booklet of sample contracts and forms, as well as a seven-hour seminar tape with syllabi, Outside Sales: Issues and Answers and a four-hour tape with syllabi, Evaluating a Travel Agency. He has also written a training text for colleges and vocational schools titled Travel, Tourism, and Hospitality Law, and co-authored a complete agency personnel and procedures manual called A Personnel and Operations Manual for Travel Agencies, that has been incorporated and offered by ARTA (the Association of Retail Travel Agents) as their official members procedure manual. He is co-author of The Official Outside Sales Manual, published in 1992, 1994, 1996, and the Fourth Revised Edition in 1999 that summarizes current state travel laws, distributed by AAA for various agencies.
Judicial Experience
Mr. Anolik has served as an arbiter for the American Arbitration Association and as part of hearings before numerous travel industry agencies and organizations such as: Airlines Reporting Corporation (ARC), the ATC (predecessor of ARC), International Air Transport Association (IATA), and International Airlines Travel Agents Network (IATAN). He has served as an arbiter for the San Francisco Superior Court and the Federal Courts in the Ninth Circuit, and as Judge Pro Tem in the San Francisco and Marin County Courts. He has served the State Bar of California as a Docket Judge, Disciplinary Referee, and Probationary Monitor.
Travel Industry Legal Consultant
He has assisted in appraising, purchasing, selling or merging over 2000 agencies, suppliers, and travel entities. Mr. Anolik has written extensively on this subject, and has been involved in more purchase and sales than any other travel attorney.
Mr. Anolik has represented Hickory Travel Systems, TIME, Cruiselink, GEM, and Riverside (the consortiums), and the Outside Sales Support Network - OSSN. He has served as Litigation Counsel for National ASTA and counsel for the Coalition of Concerned Travelers in the $458 million Domestic Air Antitrust Litigation and was Co-Plaintiff Counsel in the multi-million dollar carrier "commission cap" case.
He represents many major travel wholesalers, hotel chains, independent travel agents, and international cruise lines and air carriers.
Mr. Anolik has been featured on ABC, CBS, CNN, NBC, MSNBC, CNBC, and "48 Hours" as well as NBC''s Dateline where he analyzed the travel industry and explained consumer rights. He has assisted in research and has appeared on "Inside Edition" and "Fox News". Mr. Anolik has been chosen to be on the International Advisory Council of the International Board of Maritime Healthcare.
He has been cited by the United States 9th Circuit Court of Appeals, Conde Nast travel magazine, The Wall Street Journal, New York Times, USA Today and over 100 trade and international periodicals, and has testified as an expert in Federal and State Courts and before various other government entities in the United States and throughout the world.
has been legal tourism consultant to private industry and law firms dealing with travel, as well as Travel Law Editor for Travel Agent Magazine, one of the most widely read travel agent magazines in the U.S. He has worked and written for travel magazines around the world. Most recently, he was appointed a Field Editor for Annals of Tourism Research, a social science journal. He has represented mega-travel agencies such as BTI Americas and Carlson Travel Network, nationwide coalitions, and the National Association of Cruise Only Agencies ? NACOA. He serves as Co-Editor for IFTTA News and IFTTA Journal, published for travel attorneys.
During the administration of California Governor Edmund G. Brown, Mr. Anolik worked with State Judicial security investigations as liaison between the consular corps and the press in the Governor''s office in San Francisco.
Mr. Anolik is presently the weekly travel law commentator on www.tourstalkradio.com. He also serves on the Advisory Board of The Department of Hospitality Management, "Taste of the Bay", of San Francisco State University.
University Professor and Seminars
In addition to his legal practice, Mr. Anolik conducts Travel, Tourism and Hospitality Law seminars throughout the United States and the world on behalf of various travel associations, magazines, universities, colleges and governments. He has served as government travel law consultant to countries such as Israel and Argentina and serves as general counsel for the Association of Retail Travel Agents (ARTA).
He previously taught Travel Law at Cornell University, Golden Gate University, the University of Hawaii, and San Francisco State University.
Travel Security and Safety Instructor
Mr. Anolik has over 30 years of affiliation with security consultation, teaching and implementation of security issues within the travel industry. He has appeared as speaker at security and terrorism conferences and has served as a consultant to security companies and governments in relation to the travel and tourism industry. At present, he serves as the Commander of the San Francisco Mounted Sheriffs'' Unit, and in prior years has served as a Deputy for the Marin County Sheriff''s Posse, and was assigned to Governor Edmund G. Brown as an investigator for the State of California to investigate judicial appointments.
As the Commander of the San Francisco Mounted Sheriffs Unit, Mr. Anolik has been in charge of instructing terrorism awareness, restraint arrests, detention procedures and Civil Rights as they relate to arrests and detention. He is a National Rifle Association (NRA) certified Range Safety Officer. Mr. Anolik has taught subjects ranging from the proper protection of tour, cruise, and air passengers as well as the mutual security duties and obligations owed between the passengers and tour operators. For over 10 years, travel security has been a continuing part of Mr. Anolik''s travel law courses at San Francisco State University and previously at Golden Gate University.
His work also includes travel industry based consulting for safety, risk management, premises conditions and trivial defects in slip and fall cases, crisis management, and emergency procedures standards. Travel to / from and entry at international ports ? including airports, passport, international travel with children, child abduction and application of international treaties and standards. Mr. Anolik is a member of U.S. Department of State International Parental Child Abduction Attorney Network and has regularly assisted with these types of cases.
Professional Memberships
His professional memberships have included the Association of Transportation Practitioners, California and American Trial Lawyers Association; the International Law Association-World Peace Palace, The Hague; the Federal Bar Association; and the International Bar Association section on Travel and Tourism, London, for which he has served as Vice Chairman. He was nominated by the U.S. government for allied membership in the United Nations World Tourism Organization (UNWTO) and his travel law firm was accepted by all participating countries.
Mr. Anolik helped to form the International Forum of Travel and Tourism Advocates (IFTTA), a multi-national organization providing travel industry attorneys with a forum for the collection and dissemination of data on international travel laws, cases and decisions. He was elected President at the International Conference held in Jerusalem in 1986, and was reelected to this office at the International Conferences held in San Francisco in 1987, Palma de Mallorca in 1988, Athens in 1989, Sidney in 1990, Edinburgh in 1991, and Hawaii in 1993.
Mr. Anolik is a member of the NorCal Shomrim, a professional organization for Jewish law enforcement officers. He is an active, competing member of the U.S. Polo Association, a former California Arena Polo Championship winner, and President of the San Francisco Polo Club.
Expert Witness Services
To inquire about Mr. Anolik''s ability to testify as an expert in your case, please contact his office with the names of both parties and attorneys, so that a search may be conducted to determine whether a potential conflict exists. If there is no conflict, Mr. Anolik can help define which issues may exist, and determine in which areas he might be available to testify. Depending on the issues involved, Mr. Anolik may be available to testify through affidavit, telephone, tele-conference, deposition or Court appearance. If Mr. Anolik cannot ethically testify on your behalf, he will notify you as soon as possible.
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 - General: 1.5 Credits AL - Online: 1.5 Credits AZ - General: 1.5 Credits CA - General: 1.5 Credits CO - General: 2.0 Credits IN - Distance Learning: 1.5 Credits KY - General: 1.5 Credits MO - Self Study: 1.5 Credits NC - Online: 1.5 Credits NH - General: 1.5 Credits NJ - General: 1.8 Credits NV - General: 1.5 Credits NY - General: 1.5 Credits SC - Online: 1.5 Credits TN - General: 1.5 Credits TX - General: 1.5 Credits UT - Self Study: 1.5 Credits VA - General: 1.5 Credits VT - General: 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.