Continuing Legal Education Online Courses with MCLEZ are for Alabama attorneys who want to make the most of their time and money. Easily earn Alabama Online 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 all of your allowable online CLE hours, see our Alabama Bundles page under State CLE Bundles.
Age Bias at Work: Why Our Laws are Ineffective and How to Improve Them Details
Price:
$24.99
Course Description
There is a saying that everyone in America will ultimately be a target of age bias, as the passage of time doesn't discriminate. We all get old. However, as plaintiff's attorney David Graulich explains in this class, U.S. laws that were intended to protect employees and job applicants from age discrimination have become ineffectual and weak. Technological and demographic change have far outpaced the primary Federal law, the Age Discrimination in Employment Act (ADEA), which first became law in the 1960's. Today algorithms, micro-marketing and data mining can ferret out who is "old" without even requiring human interaction. As Graulich points out, a regrettable decision by the United States Supreme Court has also made it difficult for plaintiffs to win in a lawsuit predicated on age discrimination. Graulich lays out his recommendations for how to overhaul and strengthen our legal framework, so that civil actions grounded in age bias will once again be a genuine deterrent for employers who discriminate against older people.
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:
$24.99
Conflicts of Interest for Nonprofits: Counseling Nonprofit Boards on Avoiding Conflicts
Conflicts of Interest for Nonprofits: Counseling Nonprofit Boards on Avoiding Conflicts Details
Price:
$19.99
Course Description
You've probably heard that "Conflicts of Interests" are bad and that nonprofit boards need to avoid conflicts of interests. But, what exactly is a "conflict of interest", and what should you do if your nonprofit has a "conflict of interest?
Conflicts of interest are not necessarily bad. The important thing is being able to identify conflicts of interest and knowing how to manage conflicts of interests when they arise.
This course on "Dealing with Conflicts of Interests" will define what a "conflict of interest" is; Give specific examples of common types of conflicts of interests that arise for nonprofits; Explain the law on conflicts of interest as it applies to nonprofits; Discuss strategies on how to manage conflicts of interests.
Course Agenda
What are the key fiduciary duties of Board members?
What is a conflict of interest?
Why is it important to be able to identify a conflict of interest?
How should a conflict of interest be addressed?
Course Credit per State
AK - Ethics: 1.0 Credits AL - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits GA - Self Study: 1.0 Credits IL - Professional Responsibility: 1.0 Credits KY - General: 1.0 Credits NC - Professional Responsibility: 0.75 Credits ND - Ethics: 1.0 Credits NH - Ethics: 0.95 Credits NJ - Ethics: 1.1 Credits NY - Ethics: 1.0 Credits SC - Ethics: 0.95 Credits TN - Dual: 0.95 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits VA - General: 1.0 Credits
Course Presenter(s)
Lorri Anne Dunsmore
Lorri Dunsmore has over 24 years of experience representing individuals, businesses and tax-exempt organizations in a variety of charitable, wealth transfer, business succession and federal tax matters. Lorri regularly works with individuals and tax-exempt organizations to address a wide range of tax and state law issues impacting charitable giving, formation of nonprofits and addressing the specialized needs of tax-exempt organizations including private foundation excise taxes, excess benefit transactions, lobbying restrictions, fundraising law compliance, commercial co-ventures and joint ventures. Lorri has spoken and written about numerous issues related to nonprofit governance and compliance matters and has worked with a variety of tax-exempt organizations to provide training for board members and officers. Lorri's practice also includes advising clients on the formation, operation, management and transfer of family business entities. She works closely with families to implement business succession and wealth transfer strategies. Lorri has experience advising privately held corporations, limited liability companies and professional corporations on issues ranging from formation to dissolution.
This session provides an overview of the practice of drafting and negotiating software development agreements. Topics to be covered include: pros and cons of waterfall vs. agile approaches to software development; myths of SDAs; SDA clauses of interest; term definitions; warranties; intellectual property concerns; breach of contracts and possible remedies; negotiation styles; negotiation tips for SDA?s; and a list of resources for future reference, including SDA examples and checklists.
Course Agenda
Software Development
Waterfall vs. Agile Software Development
Agreement Components
The Software Development Agreement (SDA)
Myths of SDA?s
Contract Requirements
SDA Clauses of Interest
Points of Interest
Definitions
Pricing/Payment
Exclusivity Clauses
Disclosure/Confidentiality Requirements
Security Clauses
Indemnity Clauses
Assignments
Termination
State Law Jurisdiction
Warranties
Insurance
IP Issues
Make it present tense ?hereby assigns? not future tense
?Work for hire? language is ineffective without a specific transfer of the copyrights
Sublicensing, Transferability
What about a merger? Can that breach non-assignment provisions?
In US: each joint copyright owner may commercialize a copyrighted work WITHOUT their joint owner?s consent, but must account for licensing royalties and may not destroy the value of the work.
Address this in your SDA.
IP Issues
Software Escrow
Breach of Contracts
Remedies
Negotiating Tips
Course Credit per State
AL - On-Demand: 1.3 Credits AZ - General: 1.25 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits CT - General: 1.5 Credits FL - General: 1.5 Credits IL - General: 1.25 Credits MO - Self Study: 1.5 Credits MS - General: 1.3 Credits NH - General: 1.31 Credits NJ - General: 1.6 Credits NY - General: 1.5 Credits WA - General: 1.25 Credits WV - General: 1.58 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 IL - Professional Responsibility: 1.0 Credits MO - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.3 Credits NY - Ethics: 1.0 Credits PA - Ethics: 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.
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 NY - 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.
Got a Handle on Employee Leaves of Absence Details
Price:
$19.99
Course Description
Jason A. Geller, Managing Partner of Fisher & Phillips' San Francisco office, addresses recent requirements for employer compliance with updated regulations under the California Family Rights Act (CFRA) and significant distinctions between CFRA and the Federal Family and Medical Leave Act (FMLA). Because these laws are quite similar in many respects, the description of an employer and employee's duties under CFRA will parallel those under the FMLA. Jason also addresses practical challenges faced by the parties in complying with these laws and suggested policies and practices to ensure compliance.
Course Agenda
Introduction
Review of rise of leave rights generally
The basic requirements under CFRA/FMLA
Distinctions between FMLA and CFRA
Important changes to CFRA regulations
Suggested changes to leave policies and practices
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.32 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits NH - General: 1.0 Credits NJ - General: 1.3 Credits NY - General: 1.0 Credits TN - General: 1.0 Credits TX - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Jason A. Geller
Jason A. Geller is the Managing Partner of Fisher & Phillips? San Francisco office. Fisher & Phillips is one of the largest U.S. law firms representing management exclusively in the areas of labor, employment, civil rights, employee benefits, and immigration law. The firm has 31 offices with 300 attorneys.
Jason represents employers in all facets of employment law
matters. He has considerable experience defending employers in
litigation involving claims under the Family and Medical Leave Act
(FMLA), the California Family Rights Act (CFRA), the Age
Discrimination in Employment Act (ADEA), the California Fair
Employment and Housing Act (FEHA) and California wage and hour
laws. Jason has also defended employers against whistleblowing
and retaliation claims, including claims under the California
Whistleblower Act, the False Claims Act and various provisions of
The California Labor Code.
Jason has extensive experience defending employers in Federal and
State courts, as well as in investigations by the Equal Employment
Opportunity Commission (EEOC), the DFEH, United States
Department of Labor (DOL) and the National Labor Relations Board
(NLRB).
In addition to defending his clients in litigation, Jason frequently
counsels employers to assist them in avoiding litigation. He regularly
advises clients on leave management issues and the interactive
process for employees with disabilities, reinstatement obligations
under various leave laws and wage and hour compliance. Jason has
prepared employee handbooks and a variety of agreements,
including independent contractor, employment, confidentiality and trade secrets agreements.
His clients are involved in a variety of industries, including assisted living, independent living facilities, construction, manufacturing, engineering, architecture, professional services, agriculture,
technology, retail and restaurant industries.
Jason was included in Northern California Super Lawyers in 2015.
Professional Activities
Board Member, Northern California Human Resources Association - East Bay Chapter
Member, Marin Human Resources Forum (1995-2000)
Member, Labor and Employment Section of the San Francisco Bar Association
Board Member & Legislative Co-chair, Employers' Advisory Council of the California Employment Development Department
Member, Labor and Employment Section of the State Bar of California
Member, Advisory Committee on Employment Law Jury Instructions of the Labor and Employment Section of the State Bar of California
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 - Technology: 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 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
How the Third-Party Doctrine Affects Law Enforcement, Technology Company Practices, and Data Privacy Expectations
How the Third-Party Doctrine Affects Law Enforcement, Technology Company Practices, and Data Privacy Expectations Details
Price:
$24.99
Course Description
Join the Wikimedia Foundation and guest speakers for a discussion on how the third-party doctrine affects law enforcement, technology company practices, and data privacy expectations as the Supreme Court prepares to rule on Carpenter v. United States. In this case, the Court will consider whether the Fourth Amendment requires law enforcement to obtain a search warrant before accessing historical cell phone location records.
Course Agenda
Third Party Doctrine
What types of consumer data to tech companies collect?
How does the third-party doctrine affect tech companies and their business practices?
Do consumers really care about privacy, and what do they consider when they decide to sacrifice their privacy for certain services?
Do companies tend to care about privacy more or less than consumers?
Carpenter v. United States
Katz v. United States
Q&A
Course Credit per State
AK - Voluntary: 1.5 Credits AL - On-Demand: 1.5 Credits AZ - General: 1.5 Credits CA - General: 1.5 Credits FL - Technology: 1.5 Credits GA - Self Study: 1.4 Credits IL - General: 1.25 Credits ND - Self Study: 1.5 Credits NH - General: 1.4 Credits NJ - General: 1.7 Credits NY - General: 1.5 Credits OH - Self Study: 1.5 Credits OK - Distance Learning: 1.5 Credits SC - General: 1.4 Credits TN - General: 1.4 Credits TX - General: 1.5 Credits UT - Self Study: 1.0 Credits VA - General: 1.5 Credits
Course Presenter(s)
Course Price:
$24.99
How to Understand and Properly Value Client Assets
How to Understand and Properly Value Client Assets Details
Price:
$19.99
Course Description
Legal issues arise in many areas when it comes to collectibles, and one of the hottest and most contentious areas involves record collections (from 78s to digital), and related music memorabilia.
Accredited Senior Appraiser and member of the American Society of Appraisers who specializes in this area, Stephen M.H. Braitman has been involved in a myriad of cases which have required his services. In addition to his role as an expert witness in litigation, practice areas in which his expertise has been utilized include Family Law, Estate Planning and Insurance issues, evaluations for credible Fair Market Value, Replacement Value, and Liquidation value appraisals of contested property.
In this program Mr. Braitman reviews the role of the appraiser and the process for certification as an appraiser. Specific issues include: The potential of a music collection, what to look for in "hidden assets" that may be significant, what issues arise between collectors (and?everyone else!) , some contentious records and memorabilia, the need for accurate appraisals and how an undervalued appraisal can affect both the financial and legal outcome of a family or institution, the current market in music records and memorabilia collectibles, the Uniform Standards of Professional Appraisal Practice, credentialing of the appraiser, the appraisal process, issues in divorce, property settlements and estates, how to overcome the lack of value-knowledge of an insurance adjuster, appraised value as leverage or as collateral, satisfying I.R.S. donation requirements, auctions, and an in depth review of specific types of records and music memorabilia and their current and future value.
Course Agenda
If your firm represents libraries, archives, insurance agencies, or executors for estates, or is involved in family law, this program is a unique and valuable resource. Moreover, the cases in which Mr. Braitman has been personally involved, such as the Michael Jackson property at Neverland Ranch, the Elton John record collection, and donations to the Library of Congress and the Rock and Roll Hall of Fame, make this program a fascinating, behind-the-scenes look at a wide variety of legal issues related to music, such as
Insurance Replacement Cost Coverage
IRS Charitable Donations
Equitable Division of Property in an Estate or Divorce
Estate Planning
Expert Witness
IRS Federal Estate Tax
Loss of Value Claims
Opinions of Value
Settlement of Damage
Valuation and Settlement
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 FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits ME - Self Study: 1.0 Credits NC - General: 1.0 Credits ND - Self Study: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.01 Credits TN - General: 1.02 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
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 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.
Over the past decade, a number of well-publicized data leaks have revealed the secret offshore holdings of high-net-worth individuals and multinational taxpayers, leading to a sea change in cross-border tax enforcement. Spurred by leaked data, tax authorities have prosecuted offshore tax cheats, attempted to recoup lost revenues, enacted new laws, and signed international agreements that promote "sunshine" and exchange of financial information between countries.
The conventional wisdom is that data leaks enable tax authorities to detect and punish offshore tax evasion more effectively, and that leaks are therefore socially and economically beneficial. This Article argues, however, that the conventional wisdom is too simplistic. In addition to its clear benefits, leak-driven lawmaking carries distinctive risks, including the risk of agenda setting by third parties with specific interests and the risk associated with leaks' capacity to trigger non-rational responses. Even where leak-driven lawmaking is beneficial overall, it is important to appreciate its distinctive downside risks, in order to best design policy responses.
This Article is the first to thoroughly examine both the important beneficial effects of tax leaks, and their risks. It provides suggestions and cautions for making and enforcing tax law, after a leak, in order to best tap into the benefits of leaks while managing their pitfalls.
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 IL - General: 1.0 Credits MO - Self Study: 1.2 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.08 Credits WA - General: 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
Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know About Privacy Law
Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know About Privacy Law Details
Price:
$19.99
Course Description
No matter what kind of law practice you have, you need to comply with privacy laws generally and lawyers' ethical duties with respect to privacy, specifically. In this presentation, legal ethics counsel Sarah Banola (Cooper, White and Cooper, LLP) and employment and privacy attorney Diana Maier (Law Offices of Diana Maier) deliver a primer on privacy law and teach you the key areas of privacy law and associated ethical obligations.
Course Agenda
What Is Privacy Law?
What Is Privacy Law?
Why Is Privacy Law So Hot Right Now?
Why Is Privacy Law So Hot Right Now?
How Do We Practice Good Privacy?
Issue Spotting for Privacy Violations
Privacy Practices for Attorneys
Privacy Practices for Attorneys ? The Risks Of Noncompliance
Law Firms Are Not Immune
Sensitive Client Data Collection by Firms
Storage of Personal Information
Data Retention & Destruction
Ethical Obligations
Duty of Confidentiality ? California Law
Duty of Confidentiality ? Model Rule 1.6
Duty of Confidentiality And Use Of Social Media
Duty of Communication
Ethics Opinions
Cloud Computing
Privacy Practices for Attorneys - Service Provider Management
Privacy Practices for Attorneys ? The Risks of Noncompliance With Fiduciary Duties
Checklist
Resources
Course Credit per State
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 IL - General: 1.0 Credits MO - Self Study: 1.2 Credits NH - General: 1.0 Credits NJ - General: 1.2 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Diana Maier
Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.
Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.
Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.
In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.
Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.
Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.
You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.
Sarah J. Banola
Sarah Banola is a senior counsel in the litigation department at Cooper, White & Cooper LLP's San Francisco office. She concentrates her practice in the areas of employment law and professional responsibility. Her employment law background includes defense of claims of discrimination, wrongful termination, harassment and wage and hour violations. Ms. Banola also counsels clients on employee separations, severance agreements, classification of employees as exempt or non-exempt, disability, leave and accommodation issues, and personnel policies. She has represented employers in proceedings before the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the Workers' Compensation Appeals Board, the Employment Development Department, the California Labor Commissioner, the Division of Occupational Safety and Health, and the National Labor Relations Board. Ms. Banola also represents lawyers and law firms in matters related to legal ethics, legal negligence, attorney-client fee disputes, professional discipline, State Bar admission, conflicts of interest, disqualification motions and law firm break-ups.
She earned her B.A. from Grinnell College in 1999 and her J.D. with honors in 2002 from Rutgers School of Law-Newark and was inducted into the Order of the Coif. While at Rutgers, Ms. Banola served as an Articles Editor for the Computer and Technology Law Journal and Vice Chair of the Public Interest Law Foundation. She also was the recipient of the second place award for the California Western Law Review Intellectual Property Writing Competition.
After law school, Ms. Banola served as a law clerk to the Honorable Louisa S. Porter, Magistrate Judge for the Southern District of California, and as a law clerk to the Honorable James J. Petrella, Presiding Judge of the Appellate Division for the Superior Court of New Jersey. Prior to joining Cooper in May 2007, Ms. Banola was a commercial litigation associate at Simpson Thacher & Bartlett LLP's Palo Alto office.
Ms. Banola is a member of the State Bar of California, the Bar Association of San Francisco, and the Association of Professional Responsibility Lawyers. She serves as Vice Chair of the Bar Association of San Francisco's Legal Ethics Committee and volunteers with the Bar Association of San Francisco's Consumer Debt Defense and Education Clinic. She served as a co-chair for the Queen's Bench Amicus Briefs Committee in 2008. She is admitted to practice before the United States District Courts for the Northern and Eastern Districts of California and before the Ninth Circuit Court of Appeals.
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 IL - General: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits WA - General: 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.
This presentation by Rachel L. Hulkower from CDC will address the legal principles framing the collection, use, and release of health data for public health activities, including issues such as privacy, confidentiality, HIPAA, and data use agreements.
Course Agenda
Public Health Law Program
Privacy, Confidentiality, Security, and Authorization - Untangling the Legal Issues
Sources of Data - Disease Surveillance, Reporting, and the Law
Uses of Data - State Authority to Investigate and Control Disease Outbreaks
Disclosure of Data - Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule
The Five Fundamentals of Federal Employment Law Details
Price:
$24.99
Course Description
In this course, attorney David Graulich will cover the five fundamentals of employment law. He begins by discussing title 7 of the Civil Rights Act, which basically begins the modern era of employment law. He will then will move on to cover at will employment, who is an employee? (employee vs. independent contractor), exempt or non-exempt? and the large area of leaves of absence law under the federal venue.
Course Agenda
1. Title 7 of the Civil Rights Act
Begins the modern era of employment law
First major move into regulating the private workplace
Race and gender discrimination
Equal Employment Opportunity Commission & right to sue letters
Griggs v Duke Power Co, 401 US 424 (1971)
EEOC v Abercrombie & Fitch
Shifting burdens in litigation
2. At Will Employment
3. Who Is an Employee?
Employee vs Independent Contractor
Common law agency test
Economic realities test
IRS rules & case law
Employment laws only protect employees
4. Exempt or Non-Exempt?
Why is this important
Brain vs Muscle framework
50% rule ? exempt vs non-exempt tasks
5. Leaves of Absence Law
Family medical leave act
Sexual harassment in the workplace
Course Credit per State
AL - On-Demand: 1.3 Credits AZ - General: 1.25 Credits CA - General: 1.25 Credits CT - General: 1.25 Credits FL - General: 1.25 Credits IL - General: 1.25 Credits NH - General: 1.28 Credits NJ - General: 1.5 Credits NY - General: 1.5 Credits PA - Distance Learning: 1.5 Credits TN - General: 1.28 Credits WA - General: 1.25 Credits WV - General: 1.54 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.
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 IL - General: 1.75 Credits MO - Self Study: 2.34 Credits MS - General: 2.0 Credits NY - General: 2.0 Credits WA - General: 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.
In any kind of business, there is a chance that employers will be required to investigate one or more employees at some point for allegations of misconduct such as discrimination or sexual harassment. A properly conducted workplace investigation is not only legally required but can also go a long way in protecting companies and mitigating risks for future problems.
In this webinar, Marin County, California attorneys Diana Maier and Beth Arnese go over the key things to know about workplace investigations so that you can garner the maximum legal protection such investigations may provide.
Topics addressed include when to investigate, how to prepare for an investigation, how to interview witnesses, how to prepare a written report, what to do after the investigation, and overall best practices for investigations.
Course Agenda
Why Do You Have to Investigate?
What Triggers the Duty To Investigate?
Benefits of An Investigation (Under California Law)
Benefits of An Investigation (Under Federal Law)
What Happens If You Don?t Investigate?
Attorneys as Investigators
Internal Personnel as Investigators
Ethical Issues to Understand
Privacy Issues
Before The Investigation: Preparation
Admonitions to The People You?re Interviewing
Interviews
How to Effectively Interview
How to Effectively Interview, Cont.
Where to Conduct the Interviews
Note-Taking During Interviews
Witness Statements
Steps to Take After Interviews Are Done
When Do You Want a Written Report?
Drafting The Report
Corrective Action Following the Investigation
Some Considerations
(If Discrimination or Harassment Took Place)
Investigation Best Practices
Course Credit per State
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 IL - General: 1.0 Credits NH - General: 1.0 Credits NJ - General: 1.0 Credits NY - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Diana Maier
Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.
Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.
Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.
In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.
Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.
Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.
You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.
Beth Arnese
Beth Arnese received her J.D. from UCLA Law School in 2005. She practiced law for over 10 years, at both large firms and for the public sector, before joining the Law Offices of Diana Maier in 2016. She specializes in litigation as well as employment and privacy law. Beth also conducts workplace investigations.
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