Continuing Legal Education Online Courses with MCLEZ are for Alaska attorneys who want to make the most of their time and money. Easily earn Alaska CLE credit through courses which have been produced in a variety of legal subjects that matter to you.
If you are new to MCLEZ, try a course for free before you make your purchase with our Free CLE program. To easily fulfill your Alaska MECLE and VCLE requirements, see our Alaska Bundles page under State CLE Bundles.
Alaska attorneys may earn all 3 hours of MECLE and all 9 hours of VCLE from MCLEZ.
When a lower court makes a judgment on a case, an attorney must decide whether that judgment is ripe for an immediate appeal. In this course, Mr. Pollis discusses the balancing tests inherent in appellate jurisdiction. When is the need for appellate review more Important than the Interruption of trial-court proceedings? When is the need for appellate review worth the cost to the judicial system of providing it?
In the federal court system, the general rule is that orders entered during the course of a pending case are not appealable until the entire case has been resolved. This principle is commonly known as the "final judgment rule.? Mr. Pollis will discuss the benefits and exceptions of the ?final judgment rule.? Mr. Pollis will also examine how state appellate jurisdiction; especially in Ohio, differ against their Federal counterparts. The course will also examine the intricacies of separating claims in the appeals process and how appellate jurisdiction differs in civil and criminal courts.
Course Agenda
The Balancing Tests Inherent in Appellate Jurisdiction
When is it important?
Is it worth the cost?
Appellate Jurisdiction in Federal Court
Overview of Federal Appellate Jurisdiction issues
The Final Judgment Rule
Benefits of the Final Judgment Rule
Exceptions to the Final Judgment Rule
State Appellate Jurisdiction
Ohio State Appellate Jurisdiction
Ohio State Constitution
What is a Final Order?
R.C. 2505.02
Civ.R. 54 (B)
"Final Order" vs. "Final Appealable Order"?
What is a claim?
Applying Rule 54(B): Two-Part Test
Final Order in a criminal case
Improper appeal
Course Credit per State
AK - Voluntary: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.14 Credits IL - General: 1.0 Credits MO - Self Study: 1.1 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WV - General: 1.1 Credits
Course Presenter(s)
Andrew Pollis
Andrew Pollis is certified by the Ohio State Bar Association as an appellate-law specialist.
Andrew Pollis joined the faculty of Case Western Reserve University in 2008 as a Visiting Assistant Professor and was appointed as an Assistant Professor effective July 2011.
Before coming to Case, Andrew Pollis practiced law for 18 years in the litigation department of the Cleveland-based law firm of Hahn Loeser & Parks LLP. In private practice he focused extensively on appellate and general-commercial litigation. He has argued in numerous state and federal appellate courts across the country and has had two cases in the United States Supreme Court. He also has extensive trial experience, amassing verdicts totaling over $560 million since 2003, as well as experience in class-action litigation on the defense side.
Avoiding Bias in the Practice of Immigration Law Details
Price:
$19.99
Course Description
Immigration law, unlike many other areas of legal practice, puts the attorney in constant contact with cultures and ethnicities that are different from his or her own. While this can be stimulating and challenging in a positive way, there is also a real potential for unconscious bias to creep into the process of representing the client. In most cases, the bias is subtle and without malice. Yet, it can have an adverse impact on the quality of representation the attorney provides for the client. This course is designed to help practicing immigration attorneys understand where bias can arise and how to mitigate its effects.
Course Agenda
Agenda
A Brief History of U.S. Immigration and Anti-Immigration Policies
Some Common Sources of Bias in Today's Cases
Financial Status
Gender
Country of Origin
Appearance
Sexual Orientation
Health Status
Religion
Course Credit per State
AK - Voluntary: 1.0 Credits CA - Elimination of Bias: 1.0 Credits CO - General: 1.22 Credits WV - General: 1.22 Credits
Course Presenter(s)
Louis Gordon
Louis Gordon (admitted in the District of Columbia, New Jersey and Pennsylvania only) has argued numerous cases before the Immigration Courts, Board of Immigration Appeals and U.S. Court of Appeals for the Ninth Circuit. He has a J.D. from the Benjamin Cardozo School of Law and a Ph.D. in Political Science from the University of Southern California.
Philip Karlin
Philip Karlin is a graduate of Cornell University and State Bar of California Certified Specialist in Immigration Law. He has practiced law for more than thirty years and is senior counsel at Karlin & Karlin, APLC in Los Angeles.
This course will discuss the Bankruptcy Trustee's avoidance powers. Avoidance powers are the rights given to the bankruptcy trustee or the debtor in possession to recover certain transfers of property such as preferences or fraudulent transfers or to void liens created before the commencement of a bankruptcy case. The laws governing these avoidance powers are complex and are codified in chapter 5 of the Bankruptcy Code
.
Attorney Doug Cortés will first provide an overview of the Bankruptcy code. He will then discuss how Trustee's avoidance powers come into play. The course will explain what constitutes valid preferential transfers and what are considered fraudulent transfers. Mr. Cortés will explain in detail the key statutory defense against these avoidance powers. These defenses include a contemporaneous exchange for new value, determining intent, determining if the payments were made according to the ordinary business affairs of the parties, and establishing new value factors.
Course Agenda
Presenter Overview
What Do Creditors Want From A Debtor In Default?
Purposes Of Bankruptcy Rush To The Courthouse
The Bankruptcy Code - 11 U.S.C.
Bankruptcy Rules
Adversary Proceedings
Rules Governing Avoidance Actions
Avoidance Powers
Types Of Transactions That May Be Avoided
Preferential Transfers
Purposes Of Preference
Avoidance Powers Under §547
Elements Of Preference Avoidance
Burdens Of Proof
What Is A Transfer?
Time Of Transfer Antecedent Debt
Presumption Of Insolvency
Key Statutory Defenses
Contemporaneous Exchange For New Value
Proving The Defense
Determining Intent
New Value
Definition Of New Value
Ordinary Course Of Business
Important Fraudulent Transfer Terms And Concepts
Badges Of Fraud
List Of Badges Of Fraud
Insolvency Not Required For Actual Intent
Constructive Fraud
State Law And Ufta Under Section 544
Other Possible Longer Reach Back Period
Some Statutory Defenses To Fraudulent Transfers
Section 548(C): Value And Good Faith Value Good Faith
Section 550(B)
Section 550(B) Provides Complete Defense
Defenses To Claims Brought Pursuant To Section 544
Another Possibility: Fiduciary Duty Claims
The Reference
Withdrawal Of The Reference
Stern V. Marshal
Important Statutes & Opinions Related To ?The Reference?
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.22 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.22 Credits
Course Presenter(s)
Doug Cortés
Mr. Doug Cortés received his J.D. from Southern Methodist University (2003) and B.S. from the University of the State of New York (1994). He was an extern and law clerk to the Hon. D. Michael Lynn, U.S. Bankruptcy Judge, N.D.Tex. (2002-04). Doug is a member of the American Bar Association, the American Bankruptcy Institute, and is admitted to practice in the State of Texas and the U.S. Northern and Eastern Districts of Texas. He currently manages his own firm and has served as bankruptcy counsel to Trustees, debtors, secured and unsecured creditors, and creditors? committee. He has also served as a bankruptcy examiner and mediator.
Best Practices for Clear Contract Drafting Details
Price:
$19.99
Course Description
Contracts are essential elements for building business relationships. For business to get done, parties to a transaction need to agree on certain essential terms that govern their business relationship. Contracts are the way parties to an agreement define those terms and make promises enforceable under the law. When the stakes are high there can be a tendency to get too technical and too verbose. This can often introduce more mistakes rather than prevent them. Ambiguity in contracts will often lead to conflict and ultimately litigation.
This course discusses how to avoid ambiguity by following best practices for clear contract drafting. Ms. Carolyn Seymour discusses how to achieve brevity and clarity in order to make the contract as end-user friendly as possible and remove uncertainty in the document. Ms. Seymour will address best practices to avoid legalese, how to recognize and correct linguistic ambiguity and provide proper techniques to draft dates and numbers in contracts. The course will also examine the pitfalls of passive voice in contract drafting and how to achieve simplicity in drafting through good organization, eliminating wordiness, and the use of lists.
Carolyn Seymour practiced law for almost 20 years before coming to the law school to teach legal writing in 2004. Professor Seymour began her legal career at Squire, Sanders & Dempsey L.L.P., where she was an associate for five years before joining Duvin, Cahn & Hutton in 1990. As an employment litigator, she specialized in sexual harassment and disability discrimination issues. In 1995, she became in-house counsel for BFGoodrich-Aerospace, another position she held for five years before returning to Duvin as a partner in 2000. She received her B.A. (1982) from Colgate and her J.D. (1985) from University of Michigan.
This presentation will cover some of the major issues with current BYOT (Bring Your Own Technology) policies, which are rapidly gaining ground in today?s law offices. Russell Jackman will begin by discussing some of the main benefits to law firms, that allowing employees to bring their own tech will provide, as well as some of the challenges involved. He will then go into detail about what should be included in a BYOT policy, such as what precautions should be taken, as well as some of the compromises that may need to be made in order to ensure that there is a balance between convenience and security. Mr. Jackman will conclude this session by explaining how to effectively implement a BYOT program.
Course Agenda
Why Bring Your Own Tech?
Lower IT Costs
Less training needed
Employee familiarity
Employees already own this tech
Upgrades are usually left to the employee
Overall convenience of 24/7 access without needing multiple devices
What Are The Challenges?
Security
Control
Privacy
Inventory of Data
Convenience?
Where should you start?
BYOT Inventory
Who is brining what to access company servers?
What sort of access do they need?
What is the status of these devices (what levels of OS/Security?)
Antivirus Status/Firewalls
Many smart phones have no protection at all
Many iPad?s without passwords or password resets
Key fob/password change on timer
No Localization Of Data
Clear Policy
Avoid personal email use/attachments
Social media(?)
Device can?t be shared with friends and family
Web Portals/VPNs
Usually the best way to control data access
Expensive to maintain in the past
VIRTUAL PRIVATE SERVERS (as little as $40/month)
Cloud Data Servers
Major Issues Facing Use of BYOT
Connection issues
Multiple OS?s
Implementing a BYOT program
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.16 Credits MO - Self Study: 1.16 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits WV - General: 1.16 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Most attorneys and law offices are aware of the electronic threats that face them, their information and their clients? information. However, most attorneys, and their staffs, are unsure of what to do about these threats and risks. This program provides an understanding of the sources of these threats, how they work, and what can be done in the event that security is, indeed, breached. Most importantly, this presentation provides concrete steps on how to implement an effective, proactive plan on how to prevent and avoid these security problems.
Course Agenda
Virus types
How viruses work
The relationship between virus protection and firewalls
Virus Protection
Secure Email
Workstation Security
Firewalls
Internet & Email Security Policies
What is the risk?
Security threat sources
What to look for in your security system
What to do if you encounter a security problem
Formulating a plan for a secure system
Future challenges to computer security for law offices
Course Credit per State
AK - Voluntary: 2.0 Credits AL - On-Demand: 2.0 Credits AZ - General: 2.0 Credits CA - General: 2.0 Credits CO - General: 2.5 Credits FL - Technology: 2.5 Credits IL - General: 2.0 Credits MO - Self Study: 2.48 Credits MT - Self Study: 2.0 Credits ND - Self Study: 2.0 Credits NY - General: 2.0 Credits PA - Distance Learning: 2.0 Credits TN - General: 2.07 Credits VT - Self Study: 2.0 Credits WA - General: 2.0 Credits WV - General: 2.48 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Course Price:
$34.99
Conflicts of Interest in the Practice of Law: Causes and Cures
Conflicts of Interest in the Practice of Law: Causes and Cures Details
Price:
$19.99
Course Description
In this one hour program, Richard E. Flamm, the author of the new treatise "Conflicts of Interest in the Practice of Law: Causes and Cures" will discuss what the term "conflicts of interest" means, the various ways in which conflicts can arise for counsel, the disciplinary and other than disciplinary consequences of engaging in conflicted representation, and how conflicts can sometimes be avoided or "cured." Mr. Flamm will briefly touch upon some of the most important conflict of interest rules.
Course Agenda
My Background
Who I am
How I got into this business
Books\Teaching\Consulting
What is a Conflict of Interest?
Dates to Book of Matthew
17th Century Application to lawyers
No Ethical Rules existed to define
Case law definitions (John Marshall)
Restatement definition
My definition (what the applicable ethical rules say)
(we will get to what the rules say a conflict is, before doing so I want to discuss:)
Possible Consequences of Conflicts Representation
Discipline (types of possible discipline)
Admonition
Suspension
Disbarment
No discipline (some jurisdictions, including California)
The Rules Suggest that discipline is the only possible consequence of a rule violation:
CRPC Rule 1-100: ?The following rules are intended to regulate professional conduct of members of the State Bar through discipline?These rules are not intended to create new civil causes of action. Nothing in these rules shall be deemed to create, augment, diminish, or eliminate any substantive legal duty of lawyers or the non-
disciplinary consequences of violating such a duty.?
ABA Model Rules used to say essentially the same thing. Now Scope Note 20 reads: ?Violation of a Rule should not itself give rise to a cause of action against a lawyer nor should it create any presumption in such a case that a legal duty has been breached. In addition, violation of a Rule does not necessarily warrant any other nondisciplinary remedy, such as disqualification of a lawyer in pending litigation. The Rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies.?
But most of the consequences of conflicted representation are other than disciplinary
Decision to Refrain from Handling Representation
Challenges to Representation
Disqualification Motions
Injunction Actions
Opposition to Applications for Employment (Pro hac vice)
Actions for Malpractice/Breach of Fiduciary Duty
Disgorgement Actions
(Aside: Qualification Motions)
Possible Consequences for Innocent Clients
Loss of counsel/Loss of money/Delay
Loss of work product (turnover)
Prejudice to their case
Kinds of Conflicts
Conflicts involving current clients
Joint/Dual/Multiple Representation Conflicts
Unrelated Matter Conflicts
Model Rule 1.7(a): ?Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.?
Conflicts involving Former Clients
The Former Client Conflict Rule Generally
Model Rule 1.9(a): ?A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.?
The Substantial Relationship Test
Development (pre ethics rules)
Poorly defined
Different Approaches
Personal Interest Conflicts
Pecuniary Interest Conflicts
Example: Business Transactions Rule
Rule 1.8(a) ?A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: (1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client?(2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and (3) the client gives informed consent??
Relationship Conflicts
Familial Relationships
Sexual Relationships
Model Rule 1.8(j): ?A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced.?
Other types of Conflicts
Advocate-Witness Conflicts
Issue Conflicts
?Finite Pie? Conflicts
Prospective Client Conflicts
Model Rule 1.18? ?(a) A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. (b) Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client. c) A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter??
Model Rule 1.10(a): with certain exceptions ?(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9??
Avoiding Conflicts
Declining to Take on Conflicted Representation
Before you can decline, need to detect: Conflicts checks
Other Means for Avoiding Conflicts
e.g., client?s consent not to name a party/include a cause of action
Curing Conflicts
Consent
Why consent is a cure
Model Rule 1.7 (b) ?Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing.?
The need for informed consent
?Waiver Letters?
Requirements in addition to informed consent
Non-consentable conflicts
Screening (10 minutes)
History of Screening Defense
Evolution of ABA View of Screening (2009)
Remember what model rule 1.10(a) says? But a law firm can act adversely to the interests of a party even though a lawyer at the firm could not if: [Model Rule 1.10(a)(2)]: ?the prohibition is based upon Rule 1.9(a) or (b) and arises out of the disqualified lawyer?s association with a prior firm, and (i) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom??
The permissibility of screening
The California rule (courts never rushed to adopt screening)
Timely and Effective Screening
Types of Screens:
Chinese Wall
Cone of Silence (get smart!)
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.3 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits MS - Ethics: 1.1 Credits MT - Ethics: 1.0 Credits ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits TN - Dual: 1.08 Credits TX - Ethics: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.3 Credits
Course Presenter(s)
Richard Flamm
Richard E. Flamm, a 1981 Rutgers Law School graduate, is a
nationally-recognized expert in the field of legal ethics. A litigator for more
than 20 years, since 1995 Mr. Flamm has concentrated on his Berkeley California-based law and consulting practice. In his practice, Mr. Flamm provides representation, advice and expert witness testimony with respect to legal and judicial ethics, legal malpractice, and breach of fiduciary duty matters -- with an emphasis on legal, judicial, and quasi-judicial disqualification motions and appeals.
In his capacity as an expert witness, Mr. Flamm has testified, either in court or by way of affidavit, in dozens of cases involving matters of legal and/or judicial ethics. Mr. Flamm's extensive client list includes many of the nation's leading corporations and law firms.
Mr. Flamm is the author of two highly-acclaimed treatises: Lawyer Disqualification: Conflicts of Interest and Other Bases, and Judicial Disqualification: Recusal and Disqualification of Judges, which has been widely relied on by state and federal courts throughout the country. Both works are published by Banks and Jordan Law Publishing: www.banksandjordan.com. He has also authored numerous scholarly articles on conflicts of interests, disqualification and related subjects for law reviews and other publications.
We live in a surveillance world. The technology exists for everyone to watch everyone. The technology exists for us to be connected online all the time. Is this what we want?
In this course, attorney Deborah Gonzalez presents an overview of new legal concerns regarding cyber-stalking, cyber harassment, and cyber bullying. Ms. Gonzalez will discuss how new consumer technology such as wearable tech, which is getting smaller and smaller, with the capabilities of recording audio and video without detection, along with the viral nature of social media, is leaving more and more people vulnerable to various types of online abuse. These types of issues have caused states to revise their current general harassment statues, to include language addressing electronic communications. Ms. Gonzales will cover some of these updates as she discusses how various states are choosing to approach these issues. Ms. Gonzalez will also cover several cyber-bullying and cyber-harassment cases, as well as explain the difference between the two. Ms. Gonzalez will conclude the presentation with a brief discussion about current cyber-voyeurism and cyber-revenge porn laws.
Course Agenda
Setting the Context
Cyber-Harassment
Cyber-harassment usually pertains to threatening or harassing email messages, instant messages, or to blog entries or websites dedicated solely to tormenting an individual.
Two approaches for state laws:
Include language addressing electronic communications in general harassment statutes; or
Create stand-alone cyber-harassment statutes.
47 U.S. Code § 223, Communications Decency Act, rephrased to include any telecommunications device.
New York Penal Code, 240.3
§ 240.30 Aggravated harassment in the second degree.
Florida, 784.048, 2014
Another definition connects this to a violation of anti-harassment/anti-discrimination policies (like Civil Rights) via an email, online post, Tweet, or other electronic communication.
Social Media Policies
Cyber Harassment: Tips
Cyber-Stalking
Cyber-stalking is the use of the Internet, email or other electronic communications to stalk, and generally refers to a pattern of threatening or malicious behaviors
Based on a posing credible threat of harm.
Sanctions range from misdemeanors to felonies.
18 U.S.C. § 875(c) makes it a federal crime, punishable by up to five years in prison and $250,000 fine, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another.
Section 875(c) prohibits the actual transmission of a threat, which is defined "objectively" as a statement which a reasonable person would understand as threatening bodily injury.
§ 875(c) applies only to "true threats" which are not protected by the First Amendment.
Watts v. United States, 394 U.S. 705 (1969)
Such protected speech includes "political hyperbole" or "vehement," "caustic," or "unpleasantly sharp attacks" that fall short of true threats.
Georgia Code, 16-5-90, 2014
Virginia, 18-2-60, 2002
§ 18.2-60. Threats of death or bodily injury to a person or member of his family; threats to commit serious bodily harm to persons on school property; penalty.
North Carolina, 14-196.3, 2000
§ 14-196.3. Cyber-stalking.
U.S. v. Elonis, October 2014
Unwanted Sexual Contact Online
International Cyber-Stalking
Cyber-Bullying
Most people consider this in regards to minors and/or students. However there are a series of laws referring to ?workplace cyber-bullying.?
Cyber-bullying or Cyber-Harassment?
Cyber-bullying State Laws:
Colorado, HB 1036, 2005
California, AB86, 2008
Virginia, HB1624, 2009
Georgia, SB250, 2010
#Gamergate, August 2014
Zoe Quinn, software developer of the game ?Depression Quest,? a text-based game partially based on her own experience with depression, in 2013.
Victim of online death threats and harassing posts.
Cyber-Voyeurism
Video-Voyeurism: The use of small micro cameras to observe and monitor another person.
Cyber-Voyeurism: Controlling those cameras via online or wireless connections and can include recording and posting the videos on social media or other Internet sites.
State Statutes include:
Unlawful photographing
Voyeurism
Unauthorized videotaping
Eavesdropping
Peeping or Spying
Disorderly Conduct
Various Privacy laws
Various Stalking laws
Intimate Partner Cyber-Violence
IPV encompasses domestic violence, sexual violence, and stalking that targets a current or former spouse, boyfriend, girlfriend, or significant other.
IPCV encompasses the above through the use of technology, including the Internet, social media, email, texting, etc.
Cyber-Revenge Porn
CA v Iniquez, 2014 Conviction
Noe Iniguez, convicted of the charge of distributing "revenge porn" via the internet; 1 year in jail
CA Revenge Porn Law?s requires proof beyond a reasonable doubt that:
the accused photographed or recorded an image of one or more intimate body parts of an identifiable person under circumstances where the parties agree or understand that the image is to remain private and the accused subsequently distributed the image with the intent to cause serious emotional distress and the depicted person did suffer serious emotional distress. CA, one of 13 states that have enacted cyber-exploitation laws. CA eCrime Unit: prosecuting operators of cyber-exploitation websites
Course Credit per State
AK - Voluntary: 1.25 Credits AZ - General: 1.25 Credits CA - General: 1.25 Credits CO - General: 1.4 Credits FL - Technology: 1.5 Credits IL - General: 1.0 Credits MO - Self Study: 1.4 Credits MS - General: 1.2 Credits MT - Self Study: 1.25 Credits ND - Self Study: 1.25 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits WA - General: 1.25 Credits WV - General: 1.4 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
In a world of 24-hour news cycles and intense public interest in the courts, media coverage is a fundamental part of the litigation landscape. However, many civil litigators haven't developed a strategy for dealing with the media, whether to proactively serve their client's interests or to respond, quickly and effectively, to media tactics deployed by adversaries. As in a political campaign, the failure to "get ahead of a story" can result in your opponent maneuvering you into a reactive, defensive mode that can damage your client's overall position and diminish your negotiating leverage. Fortunately, there are guidelines for dealing effectively with the news media, most of which are based on understanding the priorities and incentives that drive reporters and editors. These guidelines will enable you, as a civil litigator, to work effectively with the press - and keep within boundaries of professional ethics -- as an essential part of your advocacy.
In this course, attorney David Graulich will discuss the challenges of managing a high profile case and the best practices to follow when dealing with the news media. Mr. Graulich will examine how to deal with pre-trial publicity, go over the rules relating to media interaction during the trial, and discuss ABA guidelines on trial publicity. What is considered off the record? Should an attorney ask a reporter to view a story before it is published? Mr. Graulich will also present several case studies to examine the changing relationships of the news media and the court system over the last several decades. The course will discuss the court's varying tolerance levels of extrajudicial statements in civil and criminal trials. The course will end with a Question and Answer session covering such topics as how to handle an ambush interview and dealing with bloggers.
Course Agenda
Dealing With The News Media
Journalists Are Looking For A Story
Don't Assume Reporters Know The Basics Of The Legal System
Check Your Jurisdiction's Bar Rules
ABA Rule 3.6
Free Press Vs. Right To Fair Trial
Case Study: Sheppard v. Maxwell
Case Study: Nebraska Press Association v. Stuart
Case Study: U.S. v. Cutter
Case Study: Chicago Council of Lawyers v. Bauer
Case Study: Ruggieri v. John-Manville Prods. Corp.
Case Study: Gentile v. State Bar of Nevada
Case Study: Chevron
Be A Reliable And Sensible Source
Everything Is On The Record
Be Concise
Don't Rely On Nuance Or Subtle Distinctions
Honor Thy Reporter's Deadline
Reporters Don't Write Headlines Nor Determine Story Placement
Take Your Knocks... And Move On
Questions & Answers Session
What are the best practices for handling an ambush interview?
In what situations would you consider hiring a public relations firm?
What are best practices when dealing with bloggers?
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.06 Credits MO - Self Study: 1.1 Credits NY - General: 1.0 Credits WV - General: 1.06 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Course Price:
$19.99
Detecting, Investigating and Documenting Fraud - Part 1
Detecting, Investigating and Documenting Fraud - Part 1 Details
Price:
$19.99
Course Description
Corporate securities fraud has cost both large institutional investors and retail traders billions of dollars annually. Through manipulation of financial documents, misuse of corporate accounts, and publishing fraudulent statements, companies like Enron and WorldCom have left investors with massive losses. The primary way investors can seek relief for corporate fraud is through private securities litigation. This process can be expensive and take many years to go through the appellate process.
This course will examine the current statutes and case law that surround private securities litigation. How has the Private Securities Litigation Reform Act affected the ability of Plaintiff?s attorneys to successfully prove fraud? Attorney Christopher Seefer will discuss the critical steps to take when preparing for a private security lawsuit. Mr. Seefer will explain techniques to lift a stay of discovery. He will explain the challenges of pleading scienter. The course will conclude with a discussion on the importance of collective analysis and the various types of information that is essential to properly pleading a fraud case. Throughout the presentation of the course, various case studies will be brought up to illustrate key points of the presentation.
Course Agenda
Overview
Discovery: private securities litigation vs. regulatory investigations
Essentials elements to investigate corporate fraud Increases instability
Strategies to successfully plead a fraud case
Discovery: Private Sec. Litigation Vs. Regulatory Investigations
Access to private corporate documents and communication
Govt. Example: Office of Thrift Supervision (OTS)
Power to service subpoenas and subpoenas duces tecum
Private parties
Attorneys and law firms have no subpoena powers
Case Study: Charles Keating
Case Study: Mortgage Crisis
SEC RULE 10B-5
Employment of Manipulative and Deceptive Practices
Elements of the offense
Manipulation or Deception
Materiality
"In Connection With" the purchase or sale of securities
Scienter
Additional burden for private plaintiffs
Standing
Reliance
Loss Causation
Damages
Case Study: Janus Capital Group
Case Study: Matrixx
Case Study: National Australia Bank LTD.
Fraud In The Market
The defendant has to make a publicly fraudulent statement
Every investor could then sue if it could be shown that the statement affected the market as a whole
The Private Securities Litigation Reform Act of 1995
Safe Harbor for Forward-Looking Information
Limitations on Joint and Several Liability
Increased Pleading and Proof Requirements
Limitation on Damages
Class Action Procedural Reforms
Enhanced Attorney Sanction Provisions
RICO Amendment Eliminating Sanctions Claims
Auditor Duty Regarding Financial Fraud
Additional SEC Rulemaking Authority
Steps for Investigating Fraud
Collection and organization of all public information
Prepare a financial trend analysis
Review daily stock prices changes
Determine existence of other proceedings
Consider motive
How to Lift Stay of Discovery
Case study: Verfone Holdings
Pleading Scienter
Federal Rules of Civil Procedure 9(B)
The Private Securities Litigation Reform Act (PSLRA)
Case Study: Tellabs
Pleading a Fraud Case
Insider selling
Executive compensation
Executive termination
Restatements and GAAP violations
Find former employees
Case Study: Northwest Pipe Company
Case Study: Yahoo!
Course Credit per State
AK - Voluntary: 1.25 Credits CA - General: 1.25 Credits CO - General: 1.38 Credits MO - Self Study: 1.4 Credits ND - Self Study: 1.25 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WV - General: 1.4 Credits
Course Presenter(s)
Christopher P. Seefer
Christopher P. Seefer earned his Bachelor of Arts degree and his Master of Business Administration degree from the University of California, Berkeley. Mr. Seefer earned his Juris Doctor degree from the Golden Gate University School of Law in 1998.
Mr. Seefer concentrates his practice in securities class action litigation, including cases against Verisign, UTStarcom, VeriFone, Nash Finch, NextCard, Terayon and America West. Mr. Seefer was a Fraud Investigator with the Office of Thrift Supervision, Department of the Treasury (1990-1999) and a field examiner with the Office of Thrift Supervision (1986-1990).
Course Price:
$19.99
Detecting, Investigating and Documenting Fraud - Part 2
Detecting, Investigating and Documenting Fraud - Part 2 Details
Price:
$19.99
Course Description
The Savings and Loans Crisis in the late 1980s and the recent Mortgage Crisis of the last decade were both exacerbated by widespread corporate fraud. Through manipulation of financial documents and publishing fraudulent statements, companies like Countrywide Financial have left investors with massive losses. Could the fraud have been detected earlier? Was there a clear paper trail for investigators to follow?
This course will examine how corporate fraud in both financial crises followed the same formula. Mr. Bill Black will discuss the key elements of the accounting fraud formula. The formula's key elements are high rate of growth over a short period of time, risky loans with premium yields, an extreme level of leverage, and extremely low reserves. Mr. Black will go into detail how financial institutions involved in the mortgage crisis used the accounting fraud formula to enrich their top executives. The presentation will list fraud red flags that appeared before the crisis and examine the paper trail that finally exposed the extent of the mortgage fraud. The course explores how collateral debt obligations played their part in hiding the fraud from investors and regulators. Mr. Black will end the presentation on a discussion on how the "chain of lying" that began with fraudulent loan applications led to a betrayal of trust between lending institutions and ultimately resulted in the total seizure of the credit markets.
Course Agenda
Overview
What made the S&L Crisis different?
Deregulation and the competition for laxity in the states
Unintended consequences
Garn-St. Germain Depository Institutions Act
Control Fraud
Accounting Fraud Formula
Incredible growth
Risky loans with premium yields
Extreme levels of leverage
Trivial reserves
Weapon of Choice: GAAP
What is GAAP?
George Akerlof
Executives will loot under certain conditions
Fraud Red Flags
Extraordinary profits in a short time
Extraordinary compensation for the top executives
Adherence to accounting fraud formula
Case Study: Enron
The Mortgage Crisis
Short Cut to Growth
How do you grow in a mature market?
How do you increase profit while expanding?
How do you create effective demand?
Formula For Fraud
Increase demand by pursuing riskier borrowers
Low credit scores
Undocumented income
Unsophisticated borrowers
Created new categories of loans
Sub-prime
Alt-A
Collateralized Debt Obligations
The securitization process
The risk review standards
The Markers of Fraud
Liar Loans
Stated Income loans and foreclosure rates
SEC Rule 10B-5
2004 FBI Warning: Chris Swecker
Course Credit per State
AK - Voluntary: 0.75 Credits CA - General: 0.75 Credits CO - General: 1.0 Credits MO - Self Study: 1.0 Credits ND - Self Study: 0.75 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WV - General: 1.0 Credits
Course Presenter(s)
Bill K. Black
Bill K. Black is an Associate Professor of Economics and Law at the University of Missouri ? Kansas City (UMKC). He was the Executive Director of the Institute for Fraud Prevention from 2005-2007.
Black was litigation director for the Federal Home Loan Bank Board (FHLBB) from 1984 to 1986, deputy director of the Federal Savings and Loan Insurance Corporation (FSLIC) in 1987, and Senior VP and the General Counsel of the Federal Home Loan Bank of San Francisco from 1987 to 1989, which regulated some of the largest thrift banks in the U.S.
What will money look like in the future? With the use of digital currencies like Bitcoin on the rise, it is important to gain an understanding of how these new digital currencies work. In this course, attorney Deborah Gonzalez will explain what these digital currencies are, why they were created, and how they are affecting the world today, as well as cover some of the major legal issues that have surrounded their use. Deborah will discuss the main concerns, as well as what is being done to combat the concerns that people have about adopting these new digital currencies.
Course Agenda
History of Money
The Context
Definition of Money
History of Money
History of Money Legalities
Money v. Wealth
Money 2.0
Creation of Value
Storage of Value
Virtual Currencies
Digital Currency
Bitcoin
Altcoins
Q&A Session
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits FL - General: 1.0 Credits MO - Self Study: 1.4 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WV - General: 1.22 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
In this presentation, David B. Gardner, who is a specialist in immigration law in California, will be speaking on ethical issues involving EB-5 (the immigrant investor visa program) and DACA (Deferred Action for Childhood Arrivals) cases, which are very relevant and pertinent issues in immigration law practice today. He will discuss how the government has attempted to fairly regulate the foreign investor visa industry, and some of the major difficulties that have arisen in doing so.
Course Agenda
The EB-5 Visa
Direct Investment
Regional Centers
EB-5 Market
Ethical Dilemma
Scope of Representation
Regional Center
Investment
Attorney Liability
Regional Center?s Law Firm
DACA
Course Credit per State
AK - Ethics: 1.0 Credits AL - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.2 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits MO - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits OK - Legal Ethics: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.0 Credits TN - Dual: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
David B. Gardner
David B. Gardner has more than 30 years professional legal experience advising clients on U.S. Immigration, International Business and Taxation matters. Mr. Gardner was admitted as a Solicitor in England and Wales in 1974, and as a Solicitor in Hong Kong in 1984. He founded the Law Offices of David B. Gardner in 1985 as an international law practice and since 1996, following a law firm merger, has practiced exclusively in the areas of Immigration and Nationality Law.
Mr. Gardner represents clients in all types of immigration cases before Agencies of the Department of Homeland Security, the Executive Office for Immigration Review and in the Federal District Courts and Circuit Courts of Appeal. He was lead counsel in Vukmirovic v. Ashcroft, 362 F. 3d 1247(9th Cir. 2004.) and Vukimorivic v. Holder (9th Cir. Sept. 2010).
Mr. Gardner was co-founder of several non-for profit organizations including the Spirit of Youth foundation (an exchange program between under-privileged youth from Los Angeles and in the United Kingdom); the California Israel Chamber of Commerce and the Southern California Israel Chamber of Commerce. He was awarded the honor of Cavillieri by the Government of Italy for legal services on behalf of the Italian Consulate in Los Angeles. He is a past president of Bnai David Judea Congregation in Los Angeles and continues to be active in a variety of local and international community organizations.
Course Price:
$19.99
Ethical Issues in Terminating the Attorney-Client Relationship
Ethical Issues in Terminating the Attorney-Client Relationship Details
Price:
$19.99
Course Description
In this presentation, George Chiu, Esq. will address one of the most important issues facing attorneys, which is when, how, and if you are able to terminate the attorney client relationship. This course will be focused largely on Rule 3-700 of the California Rules of Professional Conduct. He will provide practical tips and pointers, specifically focused on trying to meet the requirements of the California Rules of Professional Conduct, trying to avoid malpractice claims, and avoiding discipline from the State Bar.
Course Agenda
The Attorney-Client Relationship
Five Steps to Terminating The Attorney-Client Relationship
Deciding to end attorney client relationship
Creating the File
Telling the client about termination
Cautions
Things to keep in mind
Form Language
Final Thoughts
Course Credit per State
AK - Ethics: 1.0 Credits AL - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.14 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 0.75 Credits IN - Ethics: 1.0 Credits NH - Ethics: 0.95 Credits NJ - Ethics: 1.1 Credits NY - Ethics: 1.0 Credits TN - Dual: 0.95 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.14 Credits
Course Presenter(s)
George Chiu, Esq.
George Chiu, Esq. has extensive experience in transactional matters, including mergers and acquisitions, securities, and banking. In addition to practicing law in the United States, Mr. Chiu has served as Director of Legal affairs for the Ascension Capital Group in Beijing and General Counsel to T2CN Information Technology of Shanghai, China. Mr. Chiu is fluent in English and Chinese and speaks French and Korean. He earned his Juris Doctor from UCLA in 2003 and is admitted to the Bar in Massachusetts, California, Texas, and Oklahoma.
Ethical Issues of Contemporary Criminal Justice Details
Price:
$29.99
Course Description
Ethical Issues of Contemporary Criminal Justice explores standards of professional responsibility specific to legal representation, law enforcement, and corrections in the United States. Attorneys will define and apply concepts in the analysis of law and policy through an increased awareness of the Model Rules and Codes of Conduct. This course examines current prominent cases and their dilemmas to effectively present relevant ethical issues in an easily understandable context.
Course Agenda
Overview
Model Rules of Professional Conduct
The Law, the Right to Practice and the Legal Professional:
Right to practice
Sources of regulation
Preventing unauthorized practice of law
Duties of Those who Practice in Criminal Justice System:
Prosecution for the people
Defense for the accused
Judges for everyone
Fees and Contracts:
Formation of relationship between client and lawyer
Agreement and scope of representation
Terminating the lawyer-client relationship
Confidential Information:
Attorney-client privilege
Duty of confidentiality
When confidences are waived
Unimpaired Loyalty and the Avoidance of Conflicts of Interest:
Personal interests that may affect objectivity
Concurrent representation of clients with conflicting interests
Conflict between current and former clients
Obligations to Third Parties and the Legal System:
Counseling or assisting illegal or fraudulent conduct
Requirement of honesty in communications
Threats of criminal prosecution
Special Obligations to Lawyers in Litigation:
Duty to reject actions brought merely to harass or injure
Limitations on trial publicity
Duty of honesty and disclosing perjury
Business of Practicing Law:
Solicitation and advertising
Regulation of specialization
Division of fees
District Attorney Issues:
Formal disciplinary process
Personal financial liability
Contempt sanction
Lack of Resources and the Responsibilities of Judges:
Disqualification and recusal
Extrajudicial money making
Political activity and appearance of impropriety
Course Credit per State
AK - Ethics: 1.75 Credits AL - Ethics: 1.8 Credits AZ - Ethics: 1.75 Credits CA - Ethics: 1.75 Credits CO - Ethics: 2.1 Credits CT - Ethics: 1.75 Credits FL - Ethics: 2.0 Credits GA - Ethics: 1.8 Credits IL - Professional Responsibility: 1.75 Credits IN - Ethics: 1.8 Credits MO - Ethics: 2.0 Credits NC - Professional Responsibility: 1.75 Credits NH - Ethics: 1.75 Credits NY - Ethics: 2.0 Credits PA - Ethics: 2.0 Credits TN - Dual: 1.75 Credits WA - Ethics: 1.75 Credits WV - Ethics: 2.1 Credits
Course Presenter(s)
Greg Woods, J.D.
Greg Woods received his Doctor of Jurisprudence from San Francisco Law School and holds a Bachelor of Arts from San Jose State University. At San Francisco Law School Greg was a recipient of the Bernard Witkin Award for academic excellence in Contracts Writing and was an editorial staff member with the San Francisco Law Review. He served as a Certified Legal Intern with the Office of the District Attorney in San Francisco.
Greg Woods presently serves as Lecturer with the Department of Criminal Justice Studies at San Francisco State University and was recently named Lecturer of Justice Studies at San Jose State University and at the Department of Criminology Studies at Sonoma State University.
As an educator, constitutional scholar, law enforcement/legal trend watcher and student of history, Greg constantly seeks and receives information from a wide variety of sources and is in the forefront as a commentator on topical issues in Criminal Law.
Outside the classroom, Greg has been acknowledged by former students at the annual San Francisco State Scholar Athlete Reception as a faculty member who ?made a valuable impact on their academic life.?
Ethics for Patent Attorneys and Patent Agents Details
Price:
$19.99
Course Description
Patent attorneys are bound by their local State Bar Rules and the Code of Conduct contained in Code of Federal Regulations Title 37. Among the many local State Bar Rules addressed by Steve Nielsen are the duties to maintain client secrets, to maintain a client trust account and to address actual and potential conflicts of interest. Mr. Nielsen then walks through the Patent and Trademark Office Code of Professional Responsibility Canons and Disciplinary Rules, distinguishing between them, addressing each Canon and providing guidance on how to avoid disciplinary proceedings resulting from violations. From fee agreements to inventor conflicts of interest, security issues ranging from the basics of locks on file cabinets to encryption, to limiting business relationships with clients, Mr. Nielsen covers the spectrum of the disciplinary minefield. This is truly a program in which the adage "an ounce of prevention is worth a pound of cure" applies.
Course Agenda
Disclose Adverse Legal Authority
Inventor Conflicts
Threatening Criminal Prosecution
Fee Agreements
To Search or Not? No duty to search for prior art
Patent Litigation
Pre-Litigation Markman Analysis
Ethics of Pre Litigation
Litigation Blowback
Office of Enrollment and Discipline (OED) Tales of Woe and Anguish
Malpractice Suits
Conflict of Interest
Money Problems and Issues
Bad Checks
Tax Fraud
Bounced Checks to the USPTO
Course Credit per State
AK - Ethics: 1.0 Credits AL - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.2 Credits FL - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits TN - Dual: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
Course Price:
$19.99
Federal and State Tax Laws: Poe v. Seaborn - A Contrarian View
Federal and State Tax Laws: Poe v. Seaborn - A Contrarian View Details
Price:
$19.99
Course Description
When the Supreme Court decided Poe v. Seaborn in 1930, it did not foresee the mischief its decision would cause in later years. Seaborn held that, under the community property law of the state of Washington, each spouse had a vested interest in one half of all community property, including income, notwithstanding the husband's right to control and manage the property. The IRS argued that it couldn't possibly be Congress' intent to include such a large example of horizontal inequity between those living in common-law States vs. community property States. The Trial Court found for Seaborn. The IRS appealed. The US Supreme Court affirmed the lower court?s decision.
This course will explore the ramifications of Poe v. Seaborn and ask if repealing Seaborn and all of the code sections that give favored treatment to taxpayers in community property states will make the tax code more equitable. The course will discuss Congress? attempts to remedy the geographical disparity of Seaborn over the years. The course will examine how the joint filing provisions created by Congress in 1948 ended up creating more problems, ie. the marriage penalty, innocent spouse issues, problems in division of marital assets in divorce, and estate issues. The course discusses how the California legislature extension of its community property law to cover Registered Domestic Partners (RDPs) by referencing the Seaborn case, allowed income splitting for California RDPs, who are not spouses under federal law. This again has produced a series of geographic disparities in tax treatment of same sex unions in common law and community property states. Moreover, the extension of the community property regime to non-married persons is itself a departure from the age-old understanding that community property is a marital property regime solely applicable to married persons. The course ends with a Question and Answer session, taking questions from the attending audience.
Course Agenda
POE V. SEABORN
Background
Lucas v. Earl
Court Ruling
The Anticipatory Assignment of Income Doctrine
COMMUNITY PROPERTY VS COMMON LAW STATES
AZ, CA, ID, LA, MI, NM, NV, TX, WA
1948 JOINT FILING OPTION
Marriage Penalty
Differences in rate structures
Innocent Spouse Codes
Divorce in Community States
1962 U.S. v. DAVIS
Background
Decision
Ramifications
26 USC § 1041
What is it?
Unintended consequences
Bargaining chip in divorce settlements
Time of transfer issues
What trumps what?
Estate issues
2003 CA REGISTERED DOMESTIC PARTIES ACT
Civil union statute
1996 DEFENSE OF MARRIAGE ACT
Community property does not apply
RULING ADVISORY OPINIONS
2006 Opinion
2010 Opinion
WHAT NOW?
Repeal Seaborn?
Repeal DOMA?
QUESTION AND ANSWER SESSION
Course Credit per State
AK - Voluntary: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.1 Credits WV - General: 1.1 Credits
Course Presenter(s)
Leon Gabinet
Leon Gabinet practiced law for many years in Portland, Oregon, before coming to Case Western Reserve University School of Law in 1968. He is the executive director of the Graduate Program in Taxation and coauthor of Tax Aspects of Marital Dissolution (1986, 2d edition 1998). He is a member of the American Law Institute and was invited to the Netherlands as a Cambridge-Tilburg lecturer.
As the world changes, so does the law, daily in fact. Every single day there are new trends, technologies, and laws that impact how we do business. The world of social media has created a wealth of opportunities for those who counsel large and small business and entrepreneurs who play in the social media sandbox. What keeps them up at night? In this program, we will explore some of the hot topics in the world of social media.
Course Agenda
New Copyright and Trademark Cases
Terms of Use (Privacy)
Cases involving Facebook, Terms of Use, Twitter and Instagram
YouTube and the DMCA
What Is Social Media
ABA?s 20/20 Commission
FTC.Gov Online Advertising Disclosure
New Developments, Issues and Cases: Can a lawyer use clients? name in a blog? The ?Thumbs Up? symbol: (TiVo vs. Facebook): Kirstaeng v. John Wiley Publishers, U.S. S. Ct. case on the First-Sale Doctrine. Twitter cases: Kim Kardashian, Courtney Love, (sued for their tweets).
TERMS OF USE: What You Need to Know: Comparison of TOU in various websites (Facebook, LinkedIn, Pinterest), Best Practice to dispute TOU, Modification, Ownership of Data, Review of YOU cases, Arbitration clauses.
Ethics, Social Media and Lawyers: Potential Ethical Land Mines for Lawyers: Fee-Sharing with non-lawyers, e.g., Groupon, Rule 5.4, Professional Independence, Unauthorized Practice of Law (Review of various states and comparison with ABA Rules).Inadvertent Disclosure of Client Confidences, Inadvertent Formation of Client Relationship, ABA Formal Opinion 10-457, AVVO, Dislcaimers, Conflicts of Interest.
Lawyer Websites: Attorney Advertisement: Three Areas for Concern: Solicitation, False and Misleading Content and Testimonials. California RPC 1-400c, Ohio, Oregon, Missouri, Colorado restrictions on testimonials.
Q&A: Communication with Represented Party, AVVO and reputation management issues, Attorney supervision of employees.
Course Credit per State
AK - Voluntary: 2.0 Credits AL - On-Demand: 2.0 Credits AZ - General: 2.0 Credits CA - General: 2.0 Credits CO - General: 2.4 Credits FL - General: 2.5 Credits MO - Self Study: 2.42 Credits MT - Self Study: 2.0 Credits ND - Self Study: 2.0 Credits NY - General: 2.0 Credits TN - General: 2.02 Credits VT - Self Study: 2.0 Credits WA - General: 2.0 Credits WV - General: 2.42 Credits
Course Presenter(s)
Francine Denise Ward
A 1989 graduate of Georgetown University Law Center, Francine Denise Ward earned her undergraduate degree in 1986 from the City University of New York---Hunter College. Admitted to practice in both California and New York, her IP focus is on copyrights, trademarks, internet, and publishing law. Ms. Ward has carved out a niche working with eCommerce entrepreneurs, information marketers, authors, and professional speakers.
Not surprisingly, Francine loves working with entrepreneurs and authors--because she is one! She understands from firsthand experience the importance of safeguarding what she's invested so much time and money creating, e.g, books, articles, web content, product, videos, her brand and the right to create these things. She?s written two self-help books (Esteemable Acts: 10 Actions for Building Real Self-Esteem and 52 Weeks of Esteemable Acts: A Guide to Right Living), has given a number of motivational business keynotes, and has talked extensively to entrepreneurs on the importance of protecting their valuable intellectual property. She has now expanded her reach to social media, including the Second Life.
Francine Ward is an active member of the American Bar Association's Intellectual Property Law Section, and currently chairs Committee 408 (In the Interest of Individuals and Small Businesses). Always willing to be of service and forever involved in her community, Francine volunteers her time helping women struggling with addiction who have lost their kids, she?s on the boards of the National Council on Alcoholism and Other Drugs in the Bay Area and the National Speakers Association, and is a pro-bono volunteer lawyer through the VLSP program with the San Francisco Bar Association. Francine D. Ward resides in Mill Valley, CA with her husband Richard Lipfield, and three cats, Mango, Spike, and Kiwi.
Course Price:
$34.99
Innovation or Exploitation: The Limits of Computer Trespass Law
Innovation or Exploitation: The Limits of Computer Trespass Law Details
Price:
$29.99
Course Description
In 1984, Congress passed the Computer Fraud and Abuse Act. This criminal law statute was passed when most people?s relationship with their computers was direct and straightforward. Computer access was at a fixed location (desktop computer) and authorization was based on simple password access. In today?s world of mobile and cloud computing, users? relationships to their computers and data has significantly increased in complexity. Users have multiple access points to their data through the introduction of smart phones, tablets, and the Internet. The amount of data has grown exponentially since 1984. Banking, shopping, and even dating are now easily done online.
This course examines the current limits of computer trespass law in America. The panel, made up of experienced technology attorneys and professionals, will present an overview of Computer Fraud and Abuse Act of 1984, commonly referred to as CFAA. What was this statute meant to do? How are violations defined? Is the statute in need of reform? Why? The panel will discuss several case studies to determine whether CFAA is working effectively in today?s world of social media and cloud based computing. The panel will consider what type of reforms initiatives are in development to bring CFAA to the 21st Century. The panel will discuss the federal indictments of Aaron Swartz and examine if CFAA was properly used. The course will then end with a question and answer session, taking questions from the attending audience.
Course Agenda
OVERVIEW: INNOVATION VERSUS EXPLOITATION
Technology research vs. Federal Law
Tech entrepreneurship vs. Federal Law
Tech culture vs. Federal Law
Tech use vs. Federal Law
Hacking vs. Federal Law
COMPUTER FRAUD AND ABUSE ACT
18 USC § 1030
Definition of access
Definition of authorization
Term of Service and agency relationships
Case Study: United States v. Lori Drew
Case Study: United States v. Nosal
CFAA REFORM OPTIONS
Aaron?s Law
Top three reform priorities
NEW TECHNOLOGY/ NEW LAWS
Evasion of a code-based restriction?
How should we define that code-based restriction?
How should the criminal law address the exploitation of flawed security mechanisms?
Should evasion of down load rates limitations be a crime?
Should evasion of differential pricing mechanisms be a crime?
Who should provide authorization?
Should password sharing be illegal?
Should faking your way onto a white list or off a blacklist be a crime?
When is URL manipulation a crime?
Do we need a security researcher exception?
UNITED STATES V. AARON SWARTZ
Case Background
Federal indictment
CFAA: Criminal Trespass?
INNOVATION AND THE LAW
Legal minefields
Technology research and the law
Vagueness in the law
No red lines
QUESTION AND ANSWER SESSION
Course Credit per State
AK - Voluntary: 2.0 Credits AZ - General: 2.0 Credits CA - General: 2.0 Credits CO - General: 2.26 Credits WA - General: 1.75 Credits WV - General: 2.26 Credits
Course Presenter(s)
Dan Auerbach
Dan Auerbach is a Staff Technologist who is passionate about defending civil liberties and encouraging government transparency. Coming to EFF with a background in mathematical logic and automated reasoning, as well as years of engineering experience at Google, Dan now works on EFF's various technical projects and helps lawyers, activists, and the public understand important technologies that might threaten the privacy or security of users.
Ed Felten
Mr. Felten is a professor of computer science and public affairs at Princeton University. On November 4, 2010 he was named the Chief Technologist for the United States Federal Trade Commission, a position he officially assumed January 3, 2011.
Felten has done a variety of computer security research, including groundbreaking work on proof-carrying authentication and work on security related to the Java programming language, but he is perhaps best known for his paper on the Secure Digital Music Initiative (SDMI) challenge.
Jennifer Granick
Ms. Jennifer Granick is the Director of Civil Liberties at the Stanford Center for Internet and Society. Jennifer returns to Stanford after stints as General Counsel of entertainment company Worldstar Hip Hop and as counsel with the Internet boutique firm of Zwillgen PLLC. Before that, she was the Civil Liberties Director at the Electronic Frontier Foundation. Jennifer practices, speaks and writes about computer crime and security, electronic surveillance, consumer privacy, data protection, copyright, trademark and the Digital Millennium Copyright Act.
From 2001 to 2007, Jennifer was Executive Director of CIS and taught Cyberlaw, Computer Crime Law, Internet intermediary liability, and Internet law and policy. Before teaching at Stanford, Jennifer spent almost a decade practicing criminal defense law in California. She was selected by Information Security magazine in 2003 as one of 20 "Women of Vision" in the computer security field. She earned her law degree from University of California, Hastings College of the Law and her undergraduate degree from the New College of the University of South Florida.
Brewster Kahle
Brewster Kahle graduated from the Massachusetts Institute of Technology in 1982 with a Bachelor of Science in computer science and engineering. After graduation, he joined Thinking Machines team, where he was the lead engineer on the company's main product, the Connection Machine, for six years (1983?1989). There, he and others developed the WAIS system, the Internet's first publishing and distributed search system and a precursor to the World Wide Web.
He co-founded WAIS, Inc.(1992) and Alexa Internet (1996.) Both firms were eventually sold to AOL and Amazon.com respectively. At the same time as he started Alexa, he founded the Internet Archive, which he continues to direct. In 2001, he implemented the Wayback Machine, which allows public access to the World Wide Web archive that the Internet Archive has been gathering since 1996. In 2010 he was given an honorary doctorate in computer science from Simmons College, where he studied library science in the 1980s.
In 2012, Kahle and banking veteran Jordan Modell established Internet Archive Federal Credit Union to serve people in New Brunswick and Highland Park, New Jersey, as well as participants in programs that alleviate poverty in those areas.
Alex Stamos
Alex Stamos is the CTO of Artemis, the division of NCC Group that is taking on hard security problems starting with the .Secure gTLD. He was the co-founder of iSEC Partners, one of the world's premier security consultancies and also a part of NCC Group. Alex has spent his career building or improving secure, trustworthy systems, and is a noted expert in Internet infrastructure, cloud computing and mobile security. He is a frequently request speaker at conferences such as Black Hat, Defcon, Amazon ZonCon, Microsoft Blue Hat, FS-ISAC and Infragard. He holds a BSEE from the University of California, Berkeley.
Jonathan Mayer
Jonathan Mayer is a graduate student in computer science and law at Stanford University, where he is a Cybersecurity Fellow at the Center for International Security and Cooperation, a Junior Affiliate Scholar at the Center for Internet and Society, and a Stanford Interdisciplinary Graduate Fellow. He received his A.B. from Princeton University in 2009, concentrating in the Woodrow Wilson School of Public and International Affairs. Jonathan has consulted for both federal and state law enforcement agencies, and his research on consumer privacy has contributed to multiple regulatory interventions.
This program offers to the legal professional a treasure trove of Information Technology tips, tricks and advice on how to upgrade your law office, legal department or legal assistant practice and get the most out of your (limited) technology budget!
Course Agenda
What sort of system stats you should be looking for when upgrading your system
Is it time to upgrade?
What are some of the costs?
What should I make sure to upgrade/keep in place?
Working with Windows 8
Antivirus & Firewalls, computer security & safety
Cloud computing
Backups
Discussions about case management systems
Trends & Fads: where are we headed with IT in the near future!
This program is ideal for the solo practitioner, paralegal/legal assistant, small office or even mid-sized office that wants to review their technology in an unbiased, non-sales environment! Mr. Jackman has been providing technology consulting solutions to law offices since 1999, so take advantage of this session to find out what you need to be on the cutting edge of today?s technology!
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.3 Credits FL - Technology: 1.0 Credits MO - Self Study: 1.26 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.05 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.26 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Judicial Disqualifications and Social Media Details
Price:
$19.99
Course Description
Social media is often designed to encourage informal communication and sharing of personal views and opinions. The nature of social media also often leads to a blurring of the distinction between public and private life. As more judges adopt social media as a new platform to socialize with friends, family, and colleagues, they will have to be more vigilant than ever to ensure that they do not compromise their ethical obligations.
In this program, attorney Deborah Gonzalez discusses the evolving relationship between the judiciary, ethics and social media. How should judges behave and whom should judges interact with on Facebook or LinkedIn? The course will address the standards for judicial recusal and explain state and federal statutes related to judicial disqualification. Ms. Gonzalez will explore how social media has affected the way judges interact with constituents, peers, and lawyers. She will provide commentary on recent state and ABA (Opinion 462) ethical opinions related to social media and the judiciary. The course will also examine three recent case studies involving judicial disqualification and social media. Ms. Gonzalez will then end the presentation by discussing critical considerations for lawyers when the possibility of judicial disqualification is presented at trial.
Course Agenda
The Judiciary and Social Media
Should judges use social media?
Judges and social media statistics
Recusal vs. Disqualification
Recusal definition
Disqualification definition
What is the standard for disqualification?
Reasonable doubt
Objective appearance
Evidence of bias
Federal and State Judicial Disqualification Statutes
28 U.S.C.A. § 144
28 U.S.C.A. § 455
State judicial codes of conduct
Legal Ethics and Social Media
The blurring of public and private life
Text is not tonal
Anonymity is not guaranteed
Control of online content is not guaranteed
Model Code of Judicial Conduct
Rule 1.2, Promoting Confidence in the Judiciary
Rule 2.9, Ex Parte Communications
Rule 2.11, Disqualification
Rule 3.10, Practice of Law
State Ethic Committee Opinions
California Advisory Opinion 66 (2010)
Kentucky Advisory Opinion JE-119 (2010)
Maryland Advisory Opinion 2012
Massachusetts Advisory Opinion 2011-6
New York Advisory Opinion 08-176
Ohio Advisory Opinion 2010-7
Oklahoma Advisory Opinion 2011-3
South Carolina Advisory Opinion 17-2009
Florida Advisory Opinion 2009-20
Florida Advisory Opinion 2010-6
Florida Advisory Opinion 2012-12
ABA Formal Opinion 462
Judge?s Use of Electronic Social Networking Media
Precautions for judges or judicial candidates running for election
Case Studies
United States v. Isaacs
Hollister v. Soetoro
Domville v. State
Disqualification considerations
Critical decision in all cases
Should not be part of an overall trial strategy
Abuse of recusal requests
Best practices
Course Credit per State
AK - Ethics: 1.25 Credits AZ - Ethics: 1.25 Credits CA - Ethics: 1.25 Credits CO - Ethics: 1.52 Credits ND - Ethics: 1.25 Credits NY - Ethics: 1.5 Credits VT - Ethics: 1.25 Credits WA - Ethics: 1.25 Credits WV - Ethics: 1.5 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
For attorneys, being asked to serve on the board of directors for both for-profit and non-profit organizations can be a great honor, however the position brings a unique set of ethical and professional challenges. In this course, attorney Deborah Gonzalez will examine the challenges involved in this dual role as attorney and board member, the ethical concerns and consequences of their relationships, and the best practices attorneys should undertake to avoid conflicts of interest and other adverse events.
The course starts with the reasons to accept an offer as a board member. Why would an attorney consider this invitation and what are the organization's motive? The course will then address the dual responsibility as attorney and board member. Ms. Gonzalez will discuss ethical issues arising from this dual responsibility such as conflict of interest, privileged information and reporting wrong doing, The course will explore how the Sarbanes-Oxley Act will affect attorney's relationship with the organization and what is the proper compensation standard relating to this dual role. The course will end with a presentation of best practices to avoid ethical pitfalls and the protections that attorney can seek if their actions (in the capacity of lawyer and board member) are cause of litigation.
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
Legal Ethics: The Limits of Aggressive Counsel Details
Price:
$19.99
Course Description
In this presentation Barry Kaye and Alan F. Broidy will discuss different issues that come up from professional responsibility angles, as well as statutory issues of malicious prosecution that could arise in the context when attorneys go beyond what they should be doing in their required ethical bounds. They will explore what role the attorney should be playing in terms of devising novel legal arguments. They will take look at what the courts say, as well as the existing codes of professional conduct.
Course Agenda
What is the limit?
Rules of Professional Conduct
Example
Elements of Malicious Prosecution
Drawbacks of Malicious Prosecution
Abuse of Process
No Malice?
The Franklin Mint (Manatt) Case
The Courts and Franklin Mint
Practicing outside of competency
Course Credit per State
AK - Ethics: 1.0 Credits AL - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.2 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.0 Credits MO - Ethics: 1.0 Credits MS - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.0 Credits TN - Dual: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
Barry Kaye
Barry Kaye, Esq. is a member of the faculty at Berkeley Law (Boalt Hall) and an innovative and detail-oriented attorney with a reputation for bringing people together and structuring complex transactions. His entrepreneurial character and versatile skill set have allowed Mr. Kaye to move deftly between the law and business and weave a unique, well-diversified practice. Mr. Kaye's professional history shows experience and expertise in three main areas: intellectual property, real estate and business. After graduating from law school, Mr. Kaye clerked for U.S. District Judge A. Andrew Hauk in Los Angeles.
Following his clerkship, Mr. Kaye joined Hennigan, Mercer & Bennett, where he was part of the team that successfully represented Orange County in their bankruptcy and securities litigation. His areas of practice currently include real estate, intellectual property and general business transactions and litigation. He has also developed an expertise in the state and federal "Do Not Call" regulations. In addition to practicing law, Mr. Kaye maintains a profile in the real estate and finance worlds. He earned his JD in 1994 from the Benjamin N. Cardozo School of Law and is an active member of the California and New York bars.
Course Price:
$19.99
Litigating Political Asylum Cases In Immigration Court
Litigating Political Asylum Cases In Immigration Court Details
Price:
$19.99
Course Description
In this course, Mr. Louis Gordon Esq.* will provide an engaging and informative presentation on how to present an asylum case in immigration court, key strategies for winning such cases, and what to do when a case is denied and an appeal needs to be filed. Mr. Gordon begins the course with a discussion of how to prepare for the first client meeting and continues with a discussion of the various issues that may affect an asylum case, including an client?s previous criminal history and human rights conditions in the client?s country. Mr. Gordon also reveals how to best frame the theory of the case, and provides strategies for dealing with a one year bar, and the corroboration requirements of the REAL ID ACT. Finally, Mr. Gordon illuminates post-trial relief and the appeals process.
*Admitted in the District of Columbia, New Jersey and Pennsylvania only. Practice Limited to Immigration & Nationality Law.
Course Agenda
What are the grounds for political asylum?
What are the federal statutes regulating asylum applications?
How does the government define persecution?
Political Asylum vs. Refugee status
What are the alternatives to asylum?
Withholding of Removal
Convention Against Torture treaty
Cancellation of Removal
Prosecutorial Discretion
How does an immigration attorney ascertain the strength of their client?s asylum application?
Impact of the Real ID ACT
Burden of proof
Corroborating Evidence
Credibility
Review standards
Evidence of actual harm necessary?
Grounds for humanitarian asylum
Changes in the country of origin affect asylum chances?
Major asylum bars
What are some examples of red flags?
What is the time line for applying for asylum?
The One-Year Filing Deadline
Change in circumstances
Extraordinary circumstances
The Asylum application process
Form I-589
What are some of the key information that must be included or excluded from the document?
Asylum Affidavit
How specific does the affidavit need to be?
What types of corroborating evidence is appropriate?
What are key issues and best practices in the immigration court proceedings?
Master calendar and individual hearing
Admitting or Denying the Charges and Conceding Removability
Designating a Country of Removal
Requesting Relief before the Immigration Judge
Filing the Asylum Application
Background Checks
Requesting an Interpreter
Submitting Witness Lists and Documents
Material witnesses
Authentication of documents
The individual hearing
Rules of procedure and evidence
Opening statements
Examination of Witnesses
Closing Arguments
The Decision of the Immigration Judge
Reserving/Waiving Appeal Rights
Motions to Reconsider
The Notice of Appeal- What Needs to Go in It
Course Credit per State
AK - Voluntary: 1.25 Credits AZ - General: 1.25 Credits CA - General: 1.25 Credits CO - General: 1.46 Credits MO - Self Study: 1.46 Credits NY - General: 1.0 Credits WA - General: 1.25 Credits WV - General: 1.46 Credits
Course Presenter(s)
Louis Gordon
Louis Gordon (admitted in the District of Columbia, New Jersey and Pennsylvania only) has argued numerous cases before the Immigration Courts, Board of Immigration Appeals and U.S. Court of Appeals for the Ninth Circuit. He has a J.D. from the Benjamin Cardozo School of Law and a Ph.D. in Political Science from the University of Southern California.
Professional Liability Insurance veteran Paul Dorroh provides information of vital importance to every practitioner. This program covers all the basics about why and how to purchase malpractice insurance, how to best purchase it and how to properly manage it.
Why buy malpractice insurance? Statistics indicate that the frequency of claims averages about 4% - similar to personal auto insurance, so it is not that unlikely to encounter a claim over the course of a legal career. You need to protect yourself, your clients ? and client relationships, avoid embarrassing disclosure of lack of coverage and meet specific insurance requirements of clients.
How to Buy: Learn the difference between use of a broker or buying direct, how to evaluate insurers, how to compare quotes and coverage, how to complete an application and how to choose limits of liability and coverage. Learn how to manage your policy when there are changes in your practice, how to report ?claims,? how to handle renewals and possible availability of Tail Coverage.
Course Agenda
Why buy malpractice insurance?
Protect yourself
Protect your clients - and client relationships
Avoid embarrassing disclosure of lack of coverage
Rule 3-410 Disclosure of Professional Liability Insurance
"A member who knows or should know that he or she does not have professional liability insurance shall inform a client in writing, at the time of the client's engagement of the member, that the member does not have professional liability insurance whenever it is reasonably foreseeable that the total amount of the member's legal representation of the client in the matter will exceed four hours."
Meet insurance requirements of clients: Businesses, governmental agencies and sophisticated individuals often have specific requirements for minimum amounts of professional liability insurance.
How to Buy Malpractice Insurance
Agent or broker vs. direct from insurer
Evaluating insurers
Co-Evaluating Policy Coverage
Completing an application
What is covered - errors and omissions vs. malpractice - is there a Who is covered - read this section carefully!
Exclusions - some traps for the unwary
The "Discovery Clause" and a common misconception
Who is covered - The obvious: current sole proprietor, shareholders, partners and employees, prior shareholders, partners, employees (but usually only while acting within scope of duties on behalf of Named)
The less obvious: What about of counsel, contract attorneys, firms, attorneys associated for specific matters
Exclusions - some traps for the unwary.
Definitions: This section can carve out other exceptions and limitations on coverage. For example, disgorgement or reduction of legal fees charged to the claimant is often carved out by the definition of The "discovery clause" and a common misperception
Choosing limits of liability and deductibles
Limits of liability - each claim and annual aggregate
Deductibles - each claim, loss only and aggregate
Prior Acts - what's possible and what's not
Managing your policy
Changes in your practice: Adding/deleting lawyers, merging practices.
Changes in Areas of Practice
Reporting "claims." Is it a claim? Does the insurer offer a "hotline" for confidential advice? Insurer's claims personnel may also offer guidance whether to report.
Renewals - when to shop around
Premium increases
Insurer status changes, e.g. financial downgrade
Coverage restrictions
Test the market periodically
Be aware of potential loss of "free tail" benefit
Understanding claims made premiums
Tail coverage: What is it? Extra time to report claims after final policy termination - either a finite or unlimited time. When is it an Issue? Do I need it? What does it cost?
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.3 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.26 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.26 Credits
Course Presenter(s)
Paul Dorroh, Esq.
B.A., U.C. Berkeley
J.D. Boalt Hall, U.C. Berkeley
Active Member, the State Bar of California
Licensed Insurance Agent-Broker in California
Retired Senior Vice President, Marsh U.S. Consumer, a unit of Marsh & McLennan Companies, managing sponsored lawyers? professional liability insurance programs for a number of State Bar associations.
Nearly 40 years of experience in designing, forming and managing professional liability insurance captive companies and commercially underwritten professional liability insurance plans for professional association of attorneys, physicians, dentists, allied health professionals and real estate professionals.
Contact Information:
Paul E. Dorroh
Attorney at Law
144 York Avenue
Kensington, California 94708
Lawyers dealing with workplace issues need to know about labor law. It is a fundamental and common mistaken belief that if workers are not represented by a union, the labor laws do not apply.
While the vast majority of private sector employees, today, work without union representation, they are still covered and protected by labor laws. Labor lawyers and employment lawyers need to know about the rights of employees under the National Labor Relations Act in order to understand the rights and duties of employees, employers, and labor unions. This program will help labor and employment lawyers identify issues which may be regulated by NLRB in advising and representing their clients in this growing area of practice.
The course will provide information on a number of topics. The National Labor Relations Act and the rights it creates for employees in Section 7. The importance and expanding notion of protected concerted activities protected by Section 7. The applicability of protected concerted activity rights in union represented and unrepresented workplaces. The representation election process administered by the National Labor Relations Board (NLRB). New rules for the election process enacted by the NLRB, which took effect in April 2015. The respective rights and duties of employees, employers, and labor unions in the election process. NLRB's role in investigating and prosecuting both employers and labor unions for unfair labor practices when an employer or union is accused of violating employee rights.
Course Agenda
Representation of Employees: Overview
Representation of Labor Unions: Overview
Representation of Employers: Overview
What Does NLRB Protect? Overview
NLRB in California
The NLRB?s Job
Representation Cases
NLRB Election Timetables and Cases
Post-Election Issues
Unfair Labor Practices Cases (Multiple)
Emerging Issues
Resources
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 1.1 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.3 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits MS - General: 1.0 Credits NH - General: 1.08 Credits NJ - General: 1.2 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.08 Credits WA - General: 1.0 Credits WI - On-Demand: 1.0 Credits WV - General: 1.3 Credits
Course Presenter(s)
Thomas A. Lenz
Experience
Thomas Lenz is a senior partner handling all aspects of labor and employment law issues from the firm's Cerritos and Pasadena offices. He heads the firm's traditional labor and National Labor Relations Board practice. He works with employers in all major industries across California and the West. He currently services on the Executive Committee of the Labor and Employment Section for the State Bar of California. Tom began his law practice with the National Labor Relations Board, Region 21, in Los Angeles, where he investigated and tried unfair labor practice cases, ran workplace elections, and acted as an administrative hearing officer. Tom was assigned difficult cases, including numerous charges involving SEIU's Justice for Janitors campaign activity throughout Los Angeles, and the majority of his cases required work in the Spanish language. He received a formal commendation for his performance from the Agency's General Counsel.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
Course Price:
$19.99
Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence
Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence Details
Price:
$19.99
Course Description
The California State Bar has recently added important new components to the required course previously known as "Prevention, Detection and Treatment of Substance Abuse and Emotional Distress." The new definition of this course, "Prevention, Detection and Treatment of Mental or Physical Issues that Impair a Member's Ability to Perform Legal Services with Competence," reflects the need to consider the bigger picture of the pressures which lawyers face on a daily basis in their practices, as well as the physical and mental issues which may impair competence, such as depression, age and natural cognitive decline.
In this HD Video program attorney Steven A. Nielsen focuses on the mental changes that occur over a career. The normal aging process results in cognitive decline, and Mr. Nielsen suggests that a colleague or two keep tabs on each other, including those at large law firms. He discusses the presence of dementia and what to do should it arise, and provides links to resources on how to sell or close a practice should this occur. Other simple tips include the use of a lawyer's skills as a problem solver to help neural plasticity and memory, such as playing bridge, crossword puzzles and hobbies, physical activity in the office as well as outside and an improved diet. He also takes aim at the rise of constant electronic messages or other electronic interruptions and the damage this can have, and suggests how "Interruption Management" can help effectiveness and productivity. Mr. Nielsen's remedies and tips offered are not extreme, but are important as they can be easily implemented. This program will help attorneys improve the efficiency and enjoyment of their practices and increase awareness of cognitive issues and possible diminution of competence.
Course Agenda
What are we going to learn?
Genesis of MCLE Requirement
Substance Abuse? Been there, done that..
Depression ? A Kingpin of Disaster
The New ?Other? Categories of Impairment
Mental Issues
Physical Issues
What can we do? Prevention/Detection/Treatment
Why Are We Here Today?
To Keep our License to Practice Law
To Consider Ways to Live Life to the Fullest and to Consider Ourselves as a Whole
Avoid ?Junk Science? and figure out the state of the art
Consider the bigger picture as now encouraged in Rules of the State Bar of California Title 2. Division 2.
Division 2. Rights and Responsibilities of Members
Substance Abuse
What can we add?
How does it start?
Detection
Treatment?
Mental Impairment ? Mental illness
Depression ? Kingpin of Impairment?
Depression ? Effect on the New Other Issues
Prevention/Detection/Treatment
Mental Issues
Age ? The Great Thief
Dementia Happens
When Dementia Happens
Avoid ?natural? cognitive decline
Avoid Negative Mental Conditioning
Twitch and Click will change your brain
Constant interruptions are a mental impairment
Stop Interruptions to decrease mistakes
Old World / Kaiser Focus
Are you as focused as a Kaiser worker?
Our mind does not want to go back to work after an interruption
What was focus in the Old World
Consider Interruption Management
Prevention/Detection/Treatment
Physical issues that impair
Sitting is the new smoking
Improved eating and activity does not need to be extreme
Course Credit per State
AK - : 1.0 Credits AZ - : 1.0 Credits CA - Competence Issues: 1.0 Credits CO - : 1.2 Credits FL - Mental Illness: 1.0 Credits IL - Mental Health - Substance Abuse : 1.0 Credits MO - Self Study: 1.22 Credits MT - : 1.0 Credits NC - Substance Abuse / Mental Health: 1.0 Credits ND - : 1.0 Credits NY - General: 1.0 Credits PA - : 1.0 Credits VT - Self Study: 1.0 Credits WA - : 1.0 Credits WV - Ethics: 1.22 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
Course Price:
$19.99
Protecting Minors: Human Trafficking, Child Exploitation & the Law
Protecting Minors: Human Trafficking, Child Exploitation & the Law Details
Price:
$19.99
Course Description
This session explores the current landscape ? legal and social - of the issues surrounding child exploitation and domestic minor sex trafficking (DMST). Providing an overview for attorneys to become aware of the concerns, resources and legal recourses to help assist their clients and their community in finding resolutions to this important subject. Topics include: Federal Trafficking Victims Protection Act and its reauthorizations; state laws and Polaris state ratings regarding legislation to combat DMST; review of various surveys and research regarding DMST, the business and the victims; tips as to what lawyers can do and how they can help; and resources to assist.
Course Agenda
Overview
Setting the Context ? What is DMST?
The Victim
The Traffickers
as a Business
Social Change
Attorneys and this Issue
Resources
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits NC - General: 1.0 Credits ND - Self Study: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.0 Credits WA - General: 1.0 Credits WI - On-Demand: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
Patent trends are not only of interest to registered patent attorneys. While only registered patent attorneys may file patent applications for others, ANY attorney may try a patent case: In addition, patents are in the news on a daily basis, and those who are knowledgeable can better serve existing clientele and attract new clients. In this program, Mr. Nielsen reviews the recent flurry of important new laws and cases and discusses and their potential impact in the years ahead.
Course Agenda
First to File vs. First to Invent under the New AIA Act
The Death of Means Plus Function Claim Limitations
Doctrine of Claim Equivalents On the Rise to Expand Patent Liability
Do Patent Trolls or Non Practicing Entities Create a Valuable Secondary Market for Patents?
Filing Patent Applications in Other Countries Introduction and Overview and Patent Trends
The America Invents Act: Amends 35 USC et seq. ?First to File.? Other AIA Highlights
The Death of Means plus Function Claim Limitations: 35 USC Sec. 112(f)
Doctrine of Claim Equivalents On the Rise to Expand Patent Liability: 50% Reversal Rate of District Court
Do Patent Trolls or Non Practicing Entities Create a Valuable Secondary Market for Patents?
Filing Patent Applications in Other Countries: Strategies and Costs: Placeholders, WIPO, Patent Cooperation Treaty (PCT), European Patent Office (EPO)
Practice Pointers plus Q&A ? Why some claims are rejected, know the rules and how the system works to avoid rejection. Tips for clients.
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits FL - General: 1.0 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
In this course, attorney David Graulich will discuss ways to reduce bias with better decision making. David will begin by explaining what bias is, and how bias in the legal profession affects society. He will discuss Title VII of the Civil Rights Act of 1964, which is the primary anti-bias weapon in the federal arena. Mr. Graulich will then talk about ways to "debias", as well as rules that have been put into place in order to eliminate bias in the legal profession. He will then explain what modern research tells us about bias. In this section, David will discuss logic v. emotion and he will cover two systems that we all utilize when we strive to make a decision, the "Automatic System" and the "Reflective System". David will finish by explaining how to apply what was learned during the course to the practice of law.
Course Agenda
I. BACKGROUND: BIAS IN OUR PROFESSION
What is Bias?
Explicit v. Implicit Bias
Title VII (1964)
28 U.S.C.A § 144 - Bias or Prejudice of Judge
"Ways to Debias"
Age Grading
From Whence Come the Justices?
II. WHAT MODERN RESEARCH TELLS US ABOUT BIAS
Our First "Blink"
Bias = Here, There and Everywhere
Benevolent Bias
Logic v. Emotion
System One v. System Two
Instinctive Thinking
"Black Swan" Fallacy
Judges ALL Believe in Their Objectivity
III. APPLYING WHAT WE'VE LEARNED TO THE PRACTICE OF LAW
Logical Fallacy: Small Sample
Another Look at Sampling
How to Do Better
Be a Discerning Wary Consumer of Media
Overcoming Bias when Making Decisions About Clients
Occupational Stereotypes
Bias During Voir Dire
"I Wanted a Biased Jury"
Don't Use Racial Stereotypes
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits CO - General: 1.2 Credits FL - General: 1.0 Credits MO - Self Study: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits VT - Self Study: 1.0 Credits WV - Office Management: 1.2 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Social media sites such as Facebook, Twitter and LinkedIn have revolutionized how consumers and companies interact with each other. Social media has become a powerful business tool for marketing products and services and building brand awareness and value. Such powerful tools; however do not come without legal risks to businesses.
This course will examine the legal pitfalls and challenges of using social media for businesses and organizations. Mr. Jeremy Floyd will explore how U.S. copyright law interacts within the social media landscape. He will discuss how organizations stumble into defamation and privacy intrusion issues with social media. The course will look at how social media has affected business torts and employment law and present case studies involving the Red Cross, Kitchen Aid, and Chrysler. Lastly, Mr. Floyd will present how companies can properly create an effective social media policy to avoid civil suits from the public, their business partners and their own employees.
Course Agenda
Copyright: USC Title 17
Overview
Copyright protection
Enforcement
Request for removal notice
Cease and desist notice
Linking v. lifting
Best practices
License
Types of copyright licenses
Fair Use
Defamation
Elements of defamation
Case Study: Pizza Kitchen
Slander and Libel
Vicarious liability
Disclosure of Information and Terms of Agreement
FTC's social media regulations
Privacy
Elements of privacy intrusion
Victim definition
Violator definition
Emotional anguish and suffering
Damages
Expectations of privacy
Parties to Lawsuit
Discovery aspect in social media
Case Study: PhoneDog v. Kravitz
Business Torts
Definition
Social media and torts
Social Media and Sexual Harassment
Overview
Liability for Blog Comments
Who is liable?
Employment
Title VII
Social media and hiring practices
Liability issues
Social media and the workplace
Rules and regulations
Contribute with Care - Issues with Tweets from company accounts
Case Study: KitcheAid
Case Study: American Red Cross
Case Study: Flying Saucer Austin
Case Study: Chrysler
Policy
Creating a company policy on social media
Team built
Following industry guidelines
Trade secrets
Guidelines vs. policy
Legal Review
Effective policy lifecycle
Policy elements
Employee agreement
Authorized company media representatives
Social media engagement rules for staffing
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.08 Credits MO - Self Study: 1.1 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WV - General: 1.1 Credits
Course Presenter(s)
Jeremy Floyd
Jeremy Floyd is president of Bluegill Creative, a marketing and communications firm located in Knoxville, Tennessee. Mr. Floyd works with clients to explore out-of-the-box ideas and problem solving strategies across the enterprise with a unique perspective on how technology can be used to better achieve business objectives.
In addition to managing Bluegill Creative, Mr. Floyd is also an adjunct professor for the University of Tennessee Chattanooga MBA program teaching digital strategies and social media.
Mr. Floyd is licensed to practice law in the State of Tennessee and holds a law degree from the University of Tennessee College of Law and a Bachelor of Arts degree from MTSU in English and Philosophy.
Course Price:
$19.99
Social Media, Digital Legacy & Digital Immortality
Social Media, Digital Legacy & Digital Immortality Details
Price:
$19.99
Course Description
What happens to one's digital assets after their death? Who acquires ownership? Are digital assets like photos and Facebook accounts considered real property? How can attorneys prepare their clients in case of their untimely passing? For many states across America, these basic legal questions have no clear answers.
In this course, attorney Deborah Gonzalez presents an overview of new legal concerns regarding digital asset management and protection in an era of increasing online transactions and decreasing hard copy paper trails. Ms. Gonzalez will examine such topics as "the power of dead hands" in US estate planning law and digital death issues. The course will discuss digital asset management for both personal & corporate accounts, digital legacy plans and digital contingency plans. Ms. Gonzalez will explain best practices to ensure social media accounts and other digital assets are passed onto to the proper legal parties. The session ends with a discussion on the possibility of digital immortality and its effects on our legal system and how clients? financial and property concerns can be properly addressed.
Course Agenda
Overview
Death
The power of dead hands
Digital Asset management
Digital immortality
Scenarios
Three stories of death and digital assets
Death
Death is inevitable
Power of Dead Hands
Death and assets
Public Interest
Law of perpetuities
Public good and morality issues
Digital Death
What happens online when you die?
Digital Asset Management (Personal)
Social media accounts
Blog posts
Online subscriptions and photo collections
Size of personal digital assets
Digital Asset Management (Corporate)
Internal assets
External assets
Account access policy
Digital Asset Types
Personal
Online commercial assets
Adult content
Banking & financial accounts
Computers and other tech devices
Social media accounts
Online bill pay
Shared accounts
Voice mail
Commercial
Financial accounts
Client accounts
Employee email
Human Resource systems
Procurement/Vendor accounts
Business social media accounts
Digital Legacy Plans (Personal)
The costs of not having a strategy
Organization and record keeping
Digital Contingency Plans (Corporate)
Case Study: Delta Airlines
Case Study: Facebook
Case Study: Twitter
Digital Legacy Plan
Digital Executor
Legal status of online property
Best practices
Additional Resources
"Your Digital Afterlife"
Q&A
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - UNKOWN TYPE (4938): 1.26 Credits MO - Self Study: 1.3 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.3 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
Course Price:
$19.99
The Cyber Threat Landscape: A Clear and Present Danger to Law Firms
The Cyber Threat Landscape: A Clear and Present Danger to Law Firms Details
Price:
$19.99
Course Description
Modern warfare is no longer fought on traditional battlefield terrain. It takes place from behind the lines, from secure buildings and with sophisticated and dangerous weapons of technology. Although U.S. Governmental agencies and large corporations have been the most frequent targets, more and more, law firms have experienced malicious attacks from afar which continue to expose client and other vital law firm information. This program addresses the cyber-warfare landscape, recent cases, common risks and best solutions.
Course Agenda
Case studies
Hacking in General
Cyber-Warfare
State-sponsored and Independent Groups
Theft of Intellectual Property
Preventive Measures for Attorneys, Law Firms, Companies and Clients
Ethical Duty to Zealously Guard Client Secrets: Is your clients? information safe and secure from hackers?
Security Challenges: Advanced Persistent Threat: Review of Data Loss by Particular Industries, Causes and by Country.
The Problem: The Age of the Anti-Virus is gone and presents a false sense of security. Malware, use of valid credentials by intruders, 1 in 5 emails is illegitimate, time from earliest detection of compromise to detection is usually one year, malicious web links grew by 600%, 32% of malicious web links in social media used shortened web links.
Major Threat Types and Security Challenges: Criminal, Hackers (Hacktivists), Economic Espionage and Nuisance (Botnets/Spam). Advanced Persistent Threats: A sophisticated attack that establishes and extends footholds within a targeted organization for the purpose of extracting information and; pursues its objectives repeatedly, adapts to defenders efforts to resist it and is determined to execute its objective.
How to Detect Threats: The Risk of Personalization and Mobile Security.
Cloud Security, Ransomware (?Trojan?), Smart Phone and Apps: Risky Browser analysis and comparisons, helpful tools for protection against cyber-attacks.
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Albert Barsocchini
Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
Course Price:
$19.99
The Eighth Amendment and the Mentally Ill on Death Row
The Eighth Amendment and the Mentally Ill on Death Row Details
Price:
$19.99
Course Description
On August 8, 2006, the American Bar Association passed Resolution 122A, recommending that individuals with severe mental illness be exempt from the death penalty. Both the American Psychological Association and the American Psychiatric Association presented policy positions that concurred with the ABA?s position. To date, only one state ? Connecticut has passed legislation barring persons with mental illness from the death penalty.
This course will discuss the current legal status of mentally ill defendants as it relates to the death penalty. Professor Michael Benza will start discussion by presenting eight key Supreme Court rulings since 1972 that had a direct impact in the formation of protected status for the mentally retarded and minors from the death penalty. Starting with Furman v. Georgia and ending with Atkins v. Virginia, Mr. Benza explores the evolving positions of the Supreme Court over the last 40 years. Mr. Benza will discuss the similar characteristics between persons with mental retardation and those with mental illness. The course then examines the current legal status of persons with mental illness and the death penalty. After Connecticut, which state is next? What are the challenges to pass legislation? What is the legal system doing without a ?red-line? statute barring the mentally ill from death row? Does the death penalty provide a general deterrence from those with mental illness? Can society achieve satisfactory retribution? The course will end with a question and answer session, taking questions from the attending audience.
Course Agenda
PROTECTED GROUPS AND CAPTIAL PUNISHMENT
SUPREME COURT DECISIONS
Furman v. Georgia
Gregg v. Georgia
Lockett v. Ohio
Eddings v. Oklahoma
Enmund v. Florida
Stanford v. Kentucky
Penry v. Lynaugh
Atkins v. Virginia
MENTAL RETARDATION VS MENTAL ILLNESS
Very similar characteristics
Less culpable for their actions
Diminished capacity
Issues with false confessions
Impulsivity
Suggestibility
Lack of premeditation
CURRENT STATUS OF MENTALL ILLNESS AND CAPITAL PUNISHMENT
Current legal status
Statutes and pending legislation
Evolving standard of decency
What are judges and juries doing?
What are prosecutors doing?
What is the position of medical associations?
Mental Illness and Theories of Punishment
Does capital punishment provide general deterrence?
Does it properly fulfill society?s need for retribution?
QUESTION AND ANSWER SESSION
Course Credit per State
AK - Voluntary: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.22 Credits NY - General: 1.0 Credits WV - General: 1.22 Credits
Course Presenter(s)
Michael Benza
Michael Benza received his Bachelor of Arts (1986) and law degrees (1992) from Case Western Reserve University. He also received a Master of Arts degree in Clinical Psychology (1988) from Pepperdine University. He was the 1992 Biskind Fellow from CWRU School of Law and spent a year working for the Legal Resources Centre, a civil and human rights law firm in South Africa. Upon returning to the States, he spent four years in the Capital Defense Unit at the Office of the Ohio Public Defender. He was assistant counsel at the Cleveland Bar Association working with the Certified Grievance Committee as well as other committees. Michael Benza teaches Criminal Law, Criminal Procedure I, Death Penalty Issues, and the Death Penalty Lab, and coached the Mock Trial team.
Michael Benza continues to represent death row inmates in state courts and federal habeas proceedings. He has litigated capital cases in state trial courts, state appellate and post-conviction courts, and federal courts including arguing Smith v. Spisak before the Supreme Court of the United States.
Model Rules of Professional Conduct 1.1 provides that "(a) lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." Experienced Discovery Counsel Albert Barsocchini discusses the evolution of Ethical Rules to now embrace developments in the world of E-Discovery. For example, Best Practices, as discussed, include the duties to know e-discovery or find someone who does, to guard against destruction of potentially relevant data, to disclose relevant non-privileged information without producing privileged material, to manage the process as well as the client, to cooperate with adversaries to address e-discovery issues and to communicate and document. He discusses the Federal Rules of Civil Procedure, Model Rules of Professional Conduct and California Bar Rules which implicate Ethical Obligations and offers numerous recommendations on how to meet ethical obligations in the e-discovery process, the duty to supervise vendors, how to avoid conflicts, confidentiality challenges and discovery goals. This program is a fast-paced and comprehensive overview of e-discovery ethical rules and obligations, coupled with concrete, sage advice from one of the nation?s foremost experts in this subject.
Course Agenda
E-Discovery and Attorney Misconduct
E-Discovery Best Practices
FRCP and Model Rules of Professional Conduct (RCP) as basis for ethical conduct in litigation in federal courts.
Evidence Suppression
RPC - Candor
RPC - Mining for Metadata
RPC - Inadvertent Disclosure
California State Bar Ethics Opinion 11-0004: The Opinion addresses the impact of E-Discovery on a lawyer?s duty of competence. Multiple recommendations,
Duty to Supervise E-Discovery Vendors and to understand the offshore legal process.
Avoiding Conflicts
Confidentiality Challenges
Discovery Goal
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.2 Credits FL - Ethics: 1.0 Credits MT - Ethics: 1.0 Credits ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits TN - Dual: 1.0 Credits VT - Ethics: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
Albert Barsocchini
Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
The military?s reliance of drones for intelligence gathering and eliminating high value targets has been a cornerstone of the United State?s decade long war on terrorism. Drone technology is now migrating to both the public and commercial sectors. Congress has recently made the first step to having drones a common site over U.S. cities and towns by ordering the Federal Aviation Administration to change its airspace rules. These rule changes would make it much easier for police nationwide to use domestic drones. The increased and regular use of aerial surveillance by these drones could profoundly change the character of public life in America.
This course will examine how drones will challenge current laws on privacy and free speech. A panel of legal and industry experts will discuss how the benefits of drone technology have to be balanced with legitimate privacy concerns. Panelists will explore the current state of drone technology in the civilian marketplace and their possible impact on law enforcement, business development and civil liberties. Who should direct drone policy and how safe are drones from malicious third party technical hacks? The panelists will explain how both the First and Fourth Amendments could be threatened by drone technology. The presentation will end with a Question and Answer session related to how drones will affect issues such as property rights, trespassing laws, and other civil liberties and freedoms.
Course Agenda
WHAT ARE DRONES?
What are drones?
Drone Manufacturers
Civilian Use Cases
Ariel mapping
Precision agriculture
Traffic monitoring
Law enforcement
Disaster relief
Border security
Search and Rescue
Mineral surveys
Carbon credit verification
DRONES AND PRIVACY
How does public surveillance affect privacy and the community?
People modify their behaviors when they know they are under surveillance
Chilling effect on people?s 1st Amendment expressive activities
Voyeurism
Unlawful tracking of citizens
Scope of surveillance unclear
Drones can easily be modified to carry weaponry
Guns, beanbag guns, tasers
Street cameras vs Drones
Street Cameras
Fixed positions
Defined public areas
Drone mounted cameras
Surveillance from a public vantage
Inside private property ? back yards and patios
California v. Ciraolo
No warrant for police helicopters needed for probable cause
United States v. Jones
Technology is cheap and easy to use and abuse
Who should set drone limits?
Policy by procurement
Law enforcement agency budgets and need
Public may not know for years
Drone Security Issues
Video hacks
Loss of control
Safety issues
Access to video surveillance
No current security standards for drones
Case Study: Police employ Predator drone spy planes on home front
LA Times article
Customs and Border Patrol lent out drones to local police
Opens possibility for use of drones
Commercial use vs. Law Enforcement
Privacy use
Weaponization of drones
Q & A
What about the chilling effect drones can instill with reducing crime? What about the positive effects of surveillance?
What about the freedom to observe? First amendment rights?
What are the principle drivers of drone technology in the civilian market?
How will drones violate property rights?
How likely will congress pass new laws relating to trespassing issues for drone?
If police drones are targeting specific ethnic groups, are they violating the 4th Amendment?
Why did the FAA feel the need to completely ban the commercial use of drones?
If citizens want protection (by drone surveillance) can we change the law?
Course Credit per State
AK - Voluntary: 1.25 Credits CA - General: 1.25 Credits CO - General: 1.64 Credits NY - General: 1.5 Credits WV - General: 1.64 Credits
Course Presenter(s)
Ryan Calo
Ryan Calo is an assistant professor at the University of Washington School of Law and a former research director at CIS. A nationally recognized expert in law and emerging technology, Mr. Calo?s work has appeared in the New York Times, the Wall Street Journal, NPR, Wired Magazine, and other news outlets.
Mr. Calo serves on several advisory committees, including the Electronic Frontier Foundation, the Electronic Privacy Information Center, and the Future of Privacy Forum. He co-chairs the American Bar Association Committee on Robotics and Artificial Intelligence and serves on the program committee of National Robotics Week.
Catherine Crump
Catherine Crump is an attorney with the American Civil Liberties Union. She litigates cases on many issues, from challenges to invasive government surveillance programs, to protecting the right to engage in political protest, to suing police officers for excessive force. Current cases include constitutional challenges to the government?s authority to engage in suspicionless searches of laptops at the international border and to its assertion that it can track the location of cell phones without a warrant.
Stephen Morris
Stephen Morris is a well-known authority in the design and operation of small UAVs. He is the president MLB Co. of Mountain View, California. MLB produces miniature, unmanned aircraft for commercial and government use. Dr. Morris has developed surveillance aircraft ranging in size from 6 inches to 6 feet, many of which operate autonomously. He has been the lead engineer for the design, development, and testing of airframe, flight control, and flight software for more than 20 UAV prototype aircraft and has over 1000 hours logged as a UAV operator.
He has also served as a consultant for companies designing and building unmanned aircraft. In addition to his experience at MLB, Dr. Morris? has previous engineering experience at the Lockheed-Martin Advanced Technology Center, Aurora Flight Sciences, and Boeing Aerospace. He is a member of AUVSI, the Association for Unmanned Vehicle Systems International. Dr. Morris has won numerous awards for his UAV development activities. He has a Ph.D. in Aeronautics and Astronautics, Stanford University, 1990; an MS in Aeronautics and Astronautics, Stanford University, 1984; and a BS in Mechanical Engineering, Bucknell University, 1983.
Course Price:
$19.99
The Privacy Paradox: First Amendment, Torts, and Privacy
The Privacy Paradox: First Amendment, Torts, and Privacy Details
Price:
$19.99
Course Description
This course explores the intersection of the First Amendment, torts, and privacy. This panel, made up of experienced attorneys in the field of civil litigation, civil liberties, and constitutional law, will discuss three recent Supreme Court decisions and the impact and implications to privacy for the average citizen.
The panel will review Snydr v. Phelps, Sorrell v. IMS Health Inc. and United States v. Jones. In each case, the panel will present the background story, the case ruling, and provide commentary and analysis of the Supreme Court opinion. The next part of the panel discussion will examine whether tort law undermines privacy concerns. What are the effects of government intrusions on tort litigation? What are the underlying legal obligations? Who should decide the right balance of privacy costs versus safety benefits ? judges or legislatures? The course will end with a question and answer session, taking questions from the attending audience.
Course Agenda
RECENT SCOTUS OPINIONS
Snydr v. Phelps
Case Background
Case Opinion
Analysis and Commentary
Sorrell v. IMS Health Inc.
Case Background
Case Opinion
Analysis and Commentary
United States v. Jones
Case Background
Case Opinion
Analysis and Commentary
TORT LAW VS. PRIVACY
How does Tort Law undermine privacy?
Negligence Law
Effects on government intrusions
Underlying legal duties
Classic examples
Weighing privacy costs vs. safety benefits
Weighing privacy costs vs. safety benefits: who?
Course Credit per State
AK - Voluntary: 1.75 Credits CA - General: 1.75 Credits CO - General: 2.02 Credits NY - General: 2.0 Credits WV - General: 2.02 Credits
Course Presenter(s)
Simon Frankel
A litigator with more than two decades of experience, Simon Frankel focuses his practice on copyright and trademark litigation, technology and Internet privacy disputes, and legal issues related to visual art. He is the chair of the firm?s Intellectual Property Rights practice group.
Mr. Frankel?s intellectual property work includes anti-counterfeiting measures with U.S. Customs and Border Protection, right of publicity matters, and policy work before the U.S. Copyright Office in rule-making and related proceedings. He has been recognized as a leading intellectual property lawyer by several publications, including Best Lawyers and Benchmark Litigation.
His other civil litigation work includes numerous licensing and technology disputes and consumer class actions, including unfair competition and false advertising claims under California Business and Professions Code Section 17200, and Internet privacy claims under the Electronic Communications Privacy Act and Computer Fraud and Abuse Act.
Mr. Frankel is a recognized authority in the field of art law, where he has handled disputes involving cultural property claims, title disputes, moral rights claims, and resale royalties. On behalf of the Museum of Fine Arts, Boston, he won summary judgment in a dispute over ownership of a valuable Austrian Expressionist painting. Museum of Fine Arts, Boston v. Seger-Thomschitz (1st Cir. 2010).
Cindy Cohn
Ms. Cohn is the Legal Director for the Electronic Frontier Foundation as well as its General Counsel. She is responsible for overseeing the EFF's overall legal strategy and supervising EFF's twelve staff attorneys. Ms. Cohn first became involved with the EFF in 1995, when the EFF asked her to serve as the outside lead attorney in Bernstein v. Dept. of Justice, the successful First Amendment challenge to the U.S. export restrictions on cryptography. Outside the Courts, Ms. Cohn has testified before Congress, been featured in the New York Times, San Francisco Chronicle and elsewhere for her work on digital rights and has gone onto the Internet with Stephen Colbert.
The National Law Journal named Ms. Cohn one of 100 most influential lawyers in America in 2006 for "rushing to the barricades wherever freedom and civil liberties are at stake online," and again in 2013, noting: "[I]f Big Brother is watching, he better look out for Cindy Cohn." In 2007 the National Law Journal named her one of the 50 most influential women lawyers in America. In 2010 Intellectual Property Section of the State Bar of California awarded her its Intellectual Property Vanguard Award and in 2012 the Northern California Chapter of the Society of Professional Journalists awarded her the James Madison Freedom of Information Award.
Tom Goldstein
Mr. Tom Goldstein was a founding partner of Goldstein and Howe (now Goldstein & Russell), a Washington, D.C. firm specializing in Supreme Court litigation, and was, until the end of 2010, a partner at Akin Gump, where he was co-head of the litigation and Supreme Court practices. He has since returned to his previous firm.
In 2003, he co-founded SCOTUSblog, the most widely read blog covering the Supreme Court, and remains the publisher and occasional contributor, providing analyses and summaries of Supreme Court decisions and cert petitions. Tom teaches Supreme Court Litigation at Harvard Law School and previously taught at Stanford Law School as well from 2004-2012.
Jeffrey Rosen
Jeffrey Rosen is a professor of law at The George Washington University and the legal affairs editor of The New Republic. His most recent book is The Supreme Court: The Personalities and Rivalries that Defined America. He also is the author of The Most Democratic Branch, The Naked Crowd, and The Unwanted Gaze. Rosen is a graduate of Harvard College, summa cum laude; Oxford University, where he was a Marshall Scholar; and Yale Law School.
Professor Rosen's essays and commentaries have appeared in the New York Times Magazine, The Atlantic Monthly, on National Public Radio, and in The New Yorker, where he has been a staff writer. The Chicago Tribune named him one of the 10 best magazine journalists in America and the L.A. Times called him, "the nation's most widely read and influential legal commentator."
Eugene Volokh
Eugene Volokh teaches free speech law, criminal law, tort law, religious freedom law, and church-state relations law at UCLA School of Law, where he has also often taught copyright law and a seminar on firearms regulation policy. Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit.
Volokh is the author of the textbooks The First Amendment and Related Statutes (4th ed. 2011), The Religion Clauses and Related Statutes (2005), and Academic Legal Writing (4th ed. 2010), as well as over 70 law review articles and over 80 op-eds, listed below. He is a member of The American Law Institute, a member of the American Heritage Dictionary Usage Panel, and the founder and coauthor of The Volokh Conspiracy, a Weblog that gets about 20,000 visits per weekday.
The Privacy Paradox: Health And Medical Privacy Details
Price:
$19.99
Course Description
The poor quality and high cost of health care in the U.S. is well documented. The widespread adoption of electronic medical records?for purposes of improving quality and reducing costs?is key to reversing these trends. But federal privacy regulations do not set clear and consistent rules for access to health information to improve health care quality. Consequently, the regulations serve as a disincentive to robust analysis of information in medical records and may interfere with efforts to accelerate quality improvements.
This course explores the current state of healthcare privacy regulations, the challenges of balancing commercial interests with patient privacy, and how the Affordable Health Care for America Act will affect privacy concerns. The panel, made up of seasoned attorneys and healthcare professionals, will explain who is affected by current healthcare privacy laws under the Health Insurance Portability and Accountability Act (HIPAA) and privacy regulations (the Privacy Rule). What kind of information is considered private? Who can access this information and for what purposes? Can researchers have access to data for purposes beyond individual treatment (often referred to as ?secondary? uses)? The course ends with a Question and Answer session, taking questions from the attending audience.
Course Agenda
HOW DOES HEALTHCARE PRIVACY DIFFER FROM OTHER PRIVACY ISSUES?
HEALTH INFORMATION PRIVACY LAWS
The Health Insurance Portability and Accountability Act of 1996
The Health Information Technology for Economic & Clinical Health Act
Who is covered in these rules?
Covered entities
Business Associates
What kind of information is covered under these rules?
Past, present, and future medical history
Identifiable markers
How can the information be used under these rules?
HEALTH CARE PRIVACY CHALLENGES
Healthcare data collection by Non-healthcare corporations and organizations
Technology changing dynamics of privacy
Data identifiable vs de-Identifiable healthcare information
Is healthcare data ever fully protected?
First mistakes
Misuse of data by authorized healthcare professionals
Theft of data by third parties
Authorized access by law enforcement
THE BALANCE BETWEEN COMMERCIAL INTERESTS AND PRIVACY
HOW WILL THE AFFORDABLE HEALTH CARE FOR AMERICA ACT AFFECT PRIVACY CONCERNS?
QUESTIONS AND ANSWERS SESSION
Are DNA samples considered de-Identifiable healthcare information?
Does HIPAA cover DNA data collection activity?
Should data collection standards differ between academia vs. For-profit organizations?
Would the introduction of a national ?Unique Patient Identifier? program improve privacy?
What are the penalties for HIPAA violations?
How can consumers protect their healthcare information from insurance companies?
How can consumers be better involved in healthcare privacy rule making?
Course Credit per State
AK - Voluntary: 1.5 Credits CA - General: 1.5 Credits CO - General: 1.82 Credits NY - General: 1.5 Credits WV - General: 1.82 Credits
Course Presenter(s)
Dr. Russ Biagio Altman
Dr. Russ Altman is a scientist at Stanford University Medical School, where he is chair of the department of Bioengineering and director of the program in Biomedical Informatics. He is a past president and one of the founding members of the International Society for Computational Biology. He is also an attending physician in Menlo Park, California, and is the principal investigator for the PharmGKB knowledgebase.
Deven McGraw
Ms. Deven McGraw is the Director of the Health Privacy Project at CDT. The Project is focused on developing and promoting workable privacy and security protections for electronic personal health information. Ms. McGraw is active in efforts to advance the adoption and implementation of health information technology and electronic health information exchange to improve health care. She was one of three persons appointed by Kathleen Sebelius, the Secretary of the U.S. Department of Health & Human Services (HHS), to serve on the Health Information Technology (HIT) Policy Committee, a federal advisory committee established in the American Recovery and Reinvestment Act of 2009.
Ms. McGraw has a strong background in health care policy. Prior to joining CDT, Ms. McGraw was the Chief Operating Officer of the National Partnership for Women & Families, providing strategic direction and oversight for all of the organization's core program areas, including the promotion of initiatives to improve health care quality.
Geff Brown
Mr. Geff Brown is a Senior Attorney in the Regulatory Affairs group of Microsoft Corporation's Legal and Corporate Affairs Department in Redmond, Washington. Since rejoining Microsoft in 2007, Mr. Brown has counseled Microsoft businesses on privacy and data protection issues, with a current focus on cross-border data flows, cloud privacy, and the collection and use of health information. Mr. Brown has been responsible for providing privacy advice for several Microsoft products including Office 2010 and Windows 7. Most recently he has provided privacy and data protection advice to Microsoft's enterprise cloud services, including CRM Online, Office 365, Windows Azure, and Windows Intune. He has also supported several internal Microsoft functions, consumer services such as Microsoft HealthVault and Xbox LIVE, and several Microsoft Research projects. part of Microsoft Exchange.
Kevin Milne
Mr. Kevin Milne teaches free speech law, criminal law, tort law, religious freedom law, and church-state relations law at UCLA School of Law, where he has also often taught copyright law and a seminar on firearms regulation policy. Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit. Volokh is the author of the textbooks The First Amendment and Related Statutes (4th ed. 2011), The Religion Clauses and Related Statutes (2005), and Academic Legal Writing (4th ed. 2010), as well as over 70 law review articles and over 80 op-eds, listed below. He is a member of The American Law Institute, a member of the American Heritage Dictionary Usage Panel, and the founder and coauthor of The Volokh Conspiracy, a Weblog that gets about 20,000 visits per weekday.
Hank Greely
Mr. Hank Greely specializes in the ethical, legal, and social implications of new biomedical technologies, particularly those related to neuroscience, genetics, or stem cell research. He frequently serves as an advisor on California, national, and international policy issues. He is chair of California?s Human Stem Cell Research Advisory Committee and served from 2007-2010 as co-director of the Law and Neuroscience Project, funded by the MacArthur Foundation. Active in university leadership, Professor Greely chairs the steering committee for the Stanford Center for Biomedical Ethics and directs both the law school?s Center for Law and the Biosciences and the Stanford Interdisciplinary Group on Neuroscience and Society. Before joining the Stanford Law School faculty in 1985, Greely was a partner at Tuttle & Taylor, served as a staff assistant to the secretary of the U.S. Department of Energy, and as special assistant to the general counsel of the U.S. Department of Defense. He served as a law clerk to Justice Potter Stewart of the U.S. Supreme Court and to Judge John Minor Wisdom of the Court of Appeals for the Fifth Circuit.
The Reduction of Bias in the Legal Profession Details
Price:
$19.99
Course Description
Attorney Steven A. Nielsen offers a fresh look at bias in the legal profession. Does a mere study and rote following of state bar rules address the larger issues? Mr. Nielsen notes that, in general, the reasons for our bias problems have been a taboo subject. He offers a candid assessment of the nature of bias and discrimination and how they have evolved in society and throughout history. He poses the question: is it realistic to expect a complete ?Elimination? of bias in the legal profession, or does it make more sense to understand the forces at work in human nature and to implement common sense steps to ?Reduce? bias and discrimination in the law office environment.
Course Agenda
WHAT IS DISCRIMINATION?
DO WE LEARN HATE?
ADVANTAGES OF BEING IN A GROUP
GROUP STUDY DATA AND EXPERIMENTS
IS GROUP THEORY SUPPORTED BY CURRENT EVENTS?
GROUPS OR TRAITS TO CONSIDER IN THE REDUCTION OF BIAS IN THE LEGAL PROFESSION
THE PROTECTED CLASSES ARE JUST A START
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Elimination of Bias: 1.0 Credits CO - Ethics: 1.2 Credits FL - Ethics: 1.0 Credits MT - Ethics: 1.0 Credits ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits TN - Dual: 1.03 Credits VT - Self Study: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.0 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
In this program seasoned attorney and Chief Compliance Officer Charles A Christofilis provides attorneys with an overview of the laws and rules which govern the area of compliance, the many legal areas in which the compliance officer must operate, the "four pillars" of compliance, and numerous case examples in which inadequate compliance has resulted in major adverse consequences for companies.
He addresses how to develop. Implement and test a Compliance Program in virtually and industry, and does a deep dive into the financial services and public company space. Specifically, the roles of the SEC and other agencies, the Investment Advisers Act, the Anti-Money Laundering provisions under the Patriot Act (with numerous examples), the FCPA and the necessity of internal audits and mock examinations.
Finally, he concludes with how to manage regulatory examinations and investigations as opposed to more traditional civil or criminal litigation, and respond to compliance failures from a crises management perspective when they occur.
Course Agenda
Why Compliance is increasingly important
How to develop, implement and test a Compliance Program;
Financial, Healthcare, IT and Public company (SOX) Implications)
Four Pillars of Compliance:
Controls;
Testing;
Ownership; and
Training.
Annual Review Process;
Liability / Conflicts;
Civil, Criminal and Reputational Implication / Crises Management.
Course Credit per State
AK - Voluntary: 2.0 Credits AL - On-Demand: 2.0 Credits AZ - General: 2.0 Credits CA - General: 2.0 Credits CO - General: 2.34 Credits CT - General: 2.0 Credits FL - General: 2.5 Credits GA - Self Study: 2.0 Credits IL - General: 1.75 Credits IN - Distance Education: 2.0 Credits MO - Self Study: 2.34 Credits MS - General: 2.0 Credits NC - General: 1.75 Credits NH - General: 2.0 Credits NJ - General: 2.3 Credits NY - General: 2.0 Credits PA - Distance Learning: 2.0 Credits TN - General: 1.95 Credits UT - Self Study: 2.0 Credits WA - General: 2.0 Credits WI - On-Demand: 2.0 Credits WV - General: 2.34 Credits
Course Presenter(s)
Charles A. Christofilis, Esq.
Charles A. Christofilis, Esq. has served as Chief Compliance Officer (?CCO?), Senior Counsel and/or General Counsel for Investment Advisers and Broker-Dealers for over a decade. Mr. Christofilis received a J.D. from Touro Law, an MBA in finance from the University of San Francisco a Bachelor?s degree in management from Pace University in New York and is a Certified Anti-Money Laundering Specialist. Mr. Christofilis is an attorney admitted to the bars of New York, New Jersey and California (CA In-House Counsel) and has Series 7, 63, 24, 79 and 27 designations from FINRA.
The United States Tax Benefits of Exporting Details
Price:
$19.99
Course Description
Veteran South Florida Tax Attorney Richard S. Lehman will explain the "IC-DISC" a hidden gem in the tax code.
U.S. taxpayers that sell, lease or license "export property" which is manufactured, produced or grown in the United States (more than 50% of the DISC materials sold must be made in America), can take advantage of strong support for their export profits in the Internal Revenue Code.
The IC-DISC has been approved as an acceptable tax planning entity for the export of American produced computer software and programs as early as 1985. In 1998, a very detailed set of Treasury Regulations was issued that has added certainty to this area of the law.
Course Agenda
Part One
I. The IC-DISC
A) The IC-DISC must sell, lease, license or service "export property".
B) Export property means property manufactured, produced, grown or extracted in the United States, held for sale, lease or rental, in the ordinary course of business for use, consumption or disposition outside the United States and Not more than 50% of the fair market value of which is attributed to articles imported into the United States.
C) Services furnish by DISC.
II. IC-DISC Requirements
A) A corporation taxable as a corporation, must be formed under the laws of any State or the District of Columbia to be the IC-DISC.
B) The corporation must have only one class of stock and minimum capital of $2,500. The IS-DISC shareholders may be related to the IC-DISC.
C) The IC-DISC must take a tax election to be an IC-DISC that must be filed with the Internal Revenue Service within 90 days after the beginning of the tax year of the IC-DISC.
D) The IC-DISC must maintain separate books and records.
E) The IC-DISC must have a certain amount of Qualified Export Assets.
F) The IC-DISC must receive a certain amount of Qualified Export Receipts.
III. The Tax Benefits
A) Tax Deferral
B) Major Savings
IV. The Commission Payments
A) Gross Receipts Method
B) Taxable Income Method
C) Arm's Length Method
V. Payment
VI. Examples
Part Two
I. The DISC Export Property Definition and Software
A) Manufactured, produced, grown or extracted in the United States by a person other than a DISC.
B) Held primarily for sales lease or rental, in the ordinary court of trade or business, by, or to, a DISC, for direct use, consumption or disposition outside the United States.
C) Not more than 50 percent of the fair market value of which is attributable to articles imported into the United States.
II. Copyrights and Copyright Articles
III. Treasury Regulations 1.861.18
IV. Transfer Classification
A) A sale or exchange of the legal rights constituting a copyright.
B) A license of a copyright.
C) A sale or exchange of an article produced under a copyright.
D) A lease of an article produced under a copyright.
V. Source of Income for Sales of Copyrighted Articles
A) Source of Income - Sales
B) Source of Income - Leases
Partial Transfer of a Copyrighted Article
Course Credit per State
AK - Voluntary: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits MO - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Richard S. Lehman
Richard S. Lehman is a graduate of Georgetown Law School and obtained his Master?s degree in taxation from New York University.
He has served as a law clerk to the Honorable William M. Fay, U.S. Tax Court and as Senior Attorney, Interpretative Division, Chief Counsel?s Office, Internal Revenue Service, Washington D.C.
Mr. Lehman has been practicing in South Florida for more than 35 years. During Mr. Lehman?s career his tax practice has caused him to be involved in an extremely wide array of commercial transactions involving an international and domestic client base.
Mr. Lehman has authored a number of articles on taxation and was the Editor and Contributing Author of ?A Guide to Florida International Business and Investment Opportunities,? an informative guide to foreign business persons published by the Florida Department of Commerce, and translated in German, Spanish and Japanese.
Law school teaches you how to think like a lawyer. And this is very important. But law school does not teach you how to actually practice law. Law school does not equip you with the day-to-day skills that you need to know in order to be a successful new lawyer and contribute meaningfully to a legal practice from day one.
In this program, Ms. Moore indentifies and discusses some of the key challenges new lawyers face as they transition from law school into a legal practice environment. If you want to succeed, and stand out from your peers, you have to make an exceptional impression from day one. In addition to a solid resume, you must demonstrate that you have the personal skills, practical skills, and business sense to succeed in your early legal career and beyond. You will be expected to know the unspoken rules of professionalism, connect with and maintain mentor relationships, master time management and organization, build productive working relationships with senior attorneys, use social media strategically, and more. Ms. Moore will explain the missteps new lawyers routinely make in the areas of confidence, professionalism, interfacing with clients, delegating work, and more. For each challenge, Ms. Moore will identify specific rubrics and techniques for addressing these challenges head on. Ms. Moore will share both the ways that new lawyers themselves can generate solutions to the challenges presented by a legal practice, as well as how their firms, companies, and other offices can support them as they navigate the challenges.
Course Agenda
Overview
Challenges and opportunities
Confidence
Achieving confidence
Self-doubt
Best practices
Understanding the significance of professionalism
Aspects of professionalism
Work vs. private life
Dress code
Concentric circles of professionalism
Interpersonal skills
Best practices
Displaying enthusiasm
Why enthusiasm is important
Importance of a positive attitude
Diligence
Best practices
It?s in the details
Observing others
Quality of work
The Question/Assumption Game
The assumption trap
The solution-oriented strategy
Management advice and access
Delegating
The challenges of delegation
Proper use of paralegals
Client Interactions
Challenges of client interactions
Timing and frequency is key
Learning actively
Best practices
Key resources
Peers and mentors
Internet resources
Marketing a legal practice
The challenge of marketing yourself
The professional importance of marketing oneself
Work/Life Balance
The challenges and importance of a good work/life balance
Best practices
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Desiree Moore
Desiree Moore is the founder and President of Greenhorn Legal, LLC and author of the ABA bestseller, Thrive - A New Lawyer's Guide to Law Firm Practice. Ms. Moore is an Adjunct Professor at Loyola University Chicago School of Law and was an associate at the law firm of K&L Gates LLP (formerly Bell, Boyd & Lloyd, LLP) in Chicago for seven years. In 2011, Ms. Moore left K&L Gates to launch Greenhorn Legal.
Ms. Moore developed Greenhorn Legal to address a significant deficit in the legal market: law students and recent law school graduates ( even the most diligent ones ) are not prepared to practice law. The skills learned in law school are necessary, but far from sufficient, to enable young lawyers to thrive in their legal practice. The Greenhorn Legal training programs prepare law students and new lawyers to succeed. Greenhorn Legal equips new lawyers with key skills that will help them stand apart from their peers in the job search and act as indispensable members of their legal practices from day one.
Course Price:
$19.99
What Every Lawyer Should Know About Cyber Security
What Every Lawyer Should Know About Cyber Security Details
Price:
$19.99
Course Description
This informative presentation will cover current cyber security risks that affect today's attorneys, their firms, and clients. Deborah Gonzalez will begin by covering the basics of online security before delving deeper into the major cyber threats awaiting attorneys and their firms in a new and fast changing digital world. She will discuss critical issues, such as the importance of cyber security awareness, so that attorneys will have a better understanding of cyber vulnerabilities, as well as what security measures they can take to minimize risk and provide a reasonable level of security. Deborah will also cover issues such as ethical obligations, which may be compromised by a lack of understanding or preparation when it comes to protecting sensitive, confidential information.
Course Agenda
Setting the Context
How many lawyers out there log into secure accounts while using the free Wi-Fi at a local coffee shop?
How many click on links in emails that say "Is this really a picture of you?!!"
How many use an easy-to-guess password?
How many don't bother to log out of their office computer while they go to lunch?
How many leave it open overnight?
How many use the same easy-to-guess password for all their online accounts?
New world full of digital threats:
Breaches, Hacks, Social Engineering
Online risks:
Reputational, Operational, Legal
Consequences:
Financial, Compliance Penalties, Loss of Trust
What are you protecting?
Case and/or litigation strategy information
Confidential client business information
Attorney-client privileged communications and other legally privileged information
Client intellectual property
A range of personally identifiable information (PII) of all kinds for employees, clients and third parties and
Financial information, i.e. payment card information
Who creates the risk?
You
Your partners
Other attorneys/associates in your firm
Opposing Counsel
Interns/Clerks (Students)
Paralegals
Other Staff in your firm
Clients
Thieves
Hackers
Crackers
Cyberterrorists
Cyber Smearers
Competitors
Industrial Spies
Foreign Governments
Our Government - NSA
Politicians
Unknown Entities
I'm too Small Defense
"Size" is not the answer.
This is an issue for big firms, mid-size firms, small firms and solo practitioners.
It is not about us - it is about our clients - and all size firms have all size clients.
According to a study conducted by Symantec, whenever your laptop, USB thumb drive, or smart phone's data is
breached (i.e., your client's data), it costs on average $136 for each record that is stolen or $5.4 million per incident.
Address Disclosure Obligations and Appropriate Communications
Guide Participation in Public-Private Partnerships and Law Enforcement Interactions
Achieve Regulatory Compliance
Provide Counsel to Cyber-security Program
Prepare to Handle Incidents and Crisis
Manage Cyber-security Related Transactional Risk
Effectively Use Insurance
Monitor and Strategically Engage in Public Policy
Discharge Professional Duty of Care
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.3 Credits CT - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.3 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits TX - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.3 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
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