Home Log In | Shopping Cart | Check Out
CLE Courses Free CLE CLE State Bundles California MCLE

Connecticut CLE and MCLE Courses

Continuing Legal Education Online Courses with MCLEZ are for Connecticut attorneys who want to make the most of their time and money. Easily earn Connecticut MCLE 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 entire Connecticut MCLE requirement see our Connecticut Bundles page under State CLE Bundles.

The MCLE Commission does not approve MCLE providers or courses. An MCLE activity is automatically approved if it is delivered in compliance with Practice Book §2-27A(b) and its content complies with Practice Book §2-27A(c)(6). If you have questions about a particular MCLE activity, contact the MCLE Commission at MCLE@jud.ct.gov.

Connecticut CLE Course Catalog

Search Practice Area:

 

10 Legal Considerations for Starting and Running a Medical Practice

View Course Details

10 Legal Considerations for Starting and Running a Medical Practice Details


Price:
$19.99

Course Description

In this fast-paced and highly informative program, the speakers address core issues with which attorneys who may be involved with medical practitioners must be familiar. These include how to help limit liability exposure, choice of business entity, supervision issues, compensation, Contracts 101 (HR and more), Intellectual Property, legal issues regarding marketing and how to avoid and/or best resolve disputes with patients. Also discussed are recommended asset protection and estate planning strategies and common asset protection mistakes which medical professionals need to be aware of and avoid.

Course Agenda

  • Limiting Your Liability
  • Supervision Issues
  • Compensation
  • Contracts 101
  • Intellectual Property
  • Marketing Legal Issues
  • How to Avoid Disputes

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
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
ME - Self Study: 1.0 Credits
MO - Self Study: 1.0 Credits
MT - Self Study: 1.0 Credits
NH - General: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits
SC - General: 1.05 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

A Practical Approach to Asset Protection and Bankruptcy

View Course Details

A Practical Approach to Asset Protection and Bankruptcy Details


Price:
$19.99

Course Description

Attorneys Steven R. Fox and Jacob Stein provide insight into Bankruptcy, and how to protect assets in the event of one. Fox provides a practical approach to a sensitive subject. He discusses the different options, and the pros and cons of each. He then focuses on key elements, rounding up with potential pitfalls to avoid. Stein answers the big question, is there life after bankruptcy? He provides an overview of Asset Protection before delving into the structures and strategies best used in the event of a bankruptcy.

Course Agenda

ASSET PROTECTION
  • Debt Collection
  • Fraudulent Transfers
  • Planning in Context of Marriage
  • Entity Planning
  • Choice of Entity
  • Planning with Trusts
  • Foreign Trusts
  • Retirement Plans
  • Comprehensive Examples
BANKRUPTCY
  • The Twin Purposes of Bankruptcy
  • Chapter 7 Liquidation and Its Essentials
  • Chapters 11 And 13 Reorganization
  • Objecting to The Dischargeability Of A Specific Debt. Section 523
  • Objecting to the Discharge of All Debts. Section 727
  • Property of The Bankruptcy Estate. Section 541
  • Property of The Bankruptcy Estate. Section 541
  • The Automatic Stay. Section 362
  • Fraudulent Conveyances, Preferential Transfers and Other Avoiding Powers. Sections 544 To 551
  • Mistakes on The Road to Bankruptcy
  • Signs A Business Headed on The Road Toward Bankruptcy

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
ND - Self Study: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

Steven R. Fox
Steven R. Fox is active in professional organizations relevant to his practice and is a leader in the legal community. He chairs the Bankruptcy Section of the San Fernando Valley Bar Association where he is known for presenting timely and compelling programming. He is a member of the Los Angeles Bankruptcy Forum, the American Bankruptcy Institute and the National Association of Consumer Bankruptcy Attorneys. In the early 2000s, recognizing a need for new attorneys practicing consumer bankruptcy law to have a forum to learn and to grow in their field, Mr. Fox became one of the founders of the Central District Consumer Bankruptcy Attorneys Association in Los Angeles.
  Course Price:
$19.99
 
 

A Primer on International Taxation

View Course Details

A Primer on International Taxation Details


Price:
$19.99

Course Description

There is a multitude of issues that drive a cross-border business transaction. Sale of shares versus sale of assets; statutory mergers; joint ventures; security for enforcement of representations and warranties; governing law and venue; earn-outs and holdbacks; restrictions on foreign ownership; due diligence; local customs; privacy and many other. Most non-tax considerations are not country specific. They are driven by the economics of the deal and the negotiating position of the parties. When a transaction touches the U.S., tax has the center-stage.

From a U.S. standpoint, none of the other issues are as important as the tax consequences. Taxation of an M&A transaction will very often determine the deal structure. The parties can negotiate and agree to all the other terms, but tax will determine how the transaction is structured, what is possible and what is not.

For U.S. tax purposes, cross-border transactions are divided into two classes: inbound (foreigners doing business or investing in the U.S.), and outbound (Americans doing business and investing overseas). The tax rules that apply to inbound and outbound transactions are entirely different. We will examine both, and will then delve into the related subjects of pre-immigration tax planning (foreigners immigrating to the U.S.) and expatriation (Americans emigrating from the U.S.).

Course Agenda

Course Credit per State


CT - General: 1.0 Credits
FL - General: 1.0 Credits
IN - Distance Education: 1.0 Credits
MO - Self Study: 1.2 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

ABA Professional Responsibility Client-Lawyer Guidelines Part II

View Course Details

ABA Professional Responsibility Client-Lawyer Guidelines Part II Details


Price:
$29.99

Course Description

04-19-2018 Recorded date

This class is the second in a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Rule II (Counselor) and Rule III (Advocate). Among the topics covered: ethical guidelines when a lawyer serves as third-party neutral; standards for candor towards the tribunal; fairness to opposing party and opposing counsel; expediting litigation and avoiding delay, and trial publicity. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.

Course Agenda

  • Rules Overview - Counselor
  • Rules Overview - Advocate
  • Rule 2.1 Advisor
  • Rule 2.2 - Deleted (Moved to Rule 1.7)
  • Rule 2.3 Evaluation for Use by Third Persons
  • Rule 2.4 Lawyer Serving as Third-Party Neutral
  • Rule 3.1 Meritorious Claims and Contentions
  • Rule 3.2 Expediting Litigation
  • Rule 3.3 Candor Toward the Tribunal
  • Rule 3.4 Fairness to Opposing Party and Counsel
  • Rule 3.5: Impartiality & Decorum of the Tribunal
  • Rule 3.6: Trial Publicity
  • Rule 3.7: Lawyer as Witness
  • Rule 3.8: Special Responsibilities of a Prosecutor
  • Rule 3.9: Advocate in Nonadjudicative Proceedings

Course Credit per State


AK - Voluntary: 2.5 Credits
AZ - Professional Responsibility: 2.5 Credits
CA - Ethics: 2.5 Credits
CT - Ethics: 2.5 Credits
FL - Ethics: 2.5 Credits
IL - Professional Responsibility: 2.25 Credits
ME - Professional Responsibility: 2.46 Credits
ND - Ethics: 2.5 Credits
NV - Ethics: 2.0 Credits
NY - Ethics: 2.5 Credits
PA - Ethics: 2.5 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:
$29.99
 
 

ABA Professional Responsibility Client-Lawyer Guidelines Part III

View Course Details

ABA Professional Responsibility Client-Lawyer Guidelines Part III Details


Price:
$19.99

Course Description

This class is the third in a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Rule IV (Transactions with Persons other than Clients) and Rule V (Law Firms and Associations). Among the topics covered: Truthfulness in Statements to Others; Communication with Persons Other Than Clients; Dealing with Unrepresented Persons; Respect for the Rights of Third Persons, and Responsibilities of Partners, Managers and Supervisory Lawyers. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.

Course Agenda

Course Credit per State


AL - Ethics: 1.1 Credits
AZ - Professional Responsibility: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
FL - Ethics: 1.0 Credits
IL - Professional Responsibility: 1.0 Credits
ME - Professional Responsibility: 1.0 Credits
NH - Ethics: 1.0 Credits
NV - Ethics: 1.0 Credits
NY - Ethics: 1.0 Credits
PA - Ethics: 1.0 Credits
SC - Ethics: 1.13 Credits
TX - Ethics: 1.0 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
 
 

ABA Professional Responsibility Client-Lawyer Guidelines Part IV

View Course Details

ABA Professional Responsibility Client-Lawyer Guidelines Part IV Details


Price:
$19.99

Course Description

This class is the fourth in a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Rule VII (Information about Legal Services). Among the topics covered: Communication Concerning a Lawyer's Services, Communications Concerning a Lawyer's Services: Specific Rules, Solicitation of Clients and Political Contributions to Obtain Legal Engagements or Appointments by Judges. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.

Course Agenda

  • ABA Ethics Guidelines Context
  • Rules Overview
  • Rule 7.1 Communication Concerning a Lawyer's Services
  • Rule 7.2 Communications Concerning a Lawyer's Services: Specific Rules
  • Rule 7.3 Solicitation of Clients
  • Rule 7.6 Political Contributions to Obtain Legal Engagements or Appointments by Judges
  • Conclusion

Course Credit per State


AL - Ethics: 1.0 Credits
AZ - Professional Responsibility: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
FL - Ethics: 1.0 Credits
GA - Ethics: 1.0 Credits
IL - Professional Responsibility: 1.0 Credits
NH - Ethics: 1.0 Credits
NJ - Ethics: 1.2 Credits
NV - Ethics: 1.0 Credits
NY - Ethics: 1.0 Credits
OK - Legal Ethics: 1.0 Credits
PA - Ethics: 1.0 Credits
SC - Ethics: 1.03 Credits
UT - Ethics: 1.0 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
 
 

ABA Professional Responsibility Client-Lawyer Guidelines Part V

View Course Details

ABA Professional Responsibility Client-Lawyer Guidelines Part V Details


Price:
$19.99

Course Description

This class is part of a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Section VIII (Maintaining the Integrity of the Profession). Among the topics covered: Bar Admission and Disciplinary Matters, Judicial and Legal Officials, Reporting Professional Misconduct, Misconduct and Disciplinary Authority; Choice of Law. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.

Course Agenda

  • Rules Overview ? Maintaining the Integrity of the Profession
  • Rule 8.1 - Bar Admission and Disciplinary Matters
  • Rule 8.2 - Judicial and Legal Officials
  • Rule 8.3 - Reporting Professional Misconduct
  • Rule 8.4 - Misconduct
  • Rule 8.5 - Disciplinary Authority; Choice of Law
  • Further Reading

Course Credit per State


AK - Ethics: 1.0 Credits
AZ - Professional Responsibility: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
FL - Ethics: 1.2 Credits
GA - Ethics: 1.0 Credits
IL - Professional Responsibility: 1.0 Credits
IN - Ethics: 1.0 Credits
KY - Ethics: 1.0 Credits
NH - Ethics: 1.0 Credits
NJ - Ethics: 1.2 Credits
NV - Ethics: 1.0 Credits
NY - Ethics: 1.0 Credits
OH - Attorney Professional Conduct: 1.0 Credits
OK - Legal Ethics: 1.0 Credits
PA - Ethics: 1.0 Credits
SC - Ethics: 1.0 Credits
TN - Dual: 1.0 Credits
TX - Ethics: 1.0 Credits
UT - Ethics: 1.0 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
 
 

Advanced Planning with Trusts

View Course Details

Advanced Planning with Trusts Details


Price:
$19.99

Course Description

Attorney Jacob Stein offers an in-depth review of trusts in general, specific types of trusts and when and how each may be appropriate. He defines a "Trust" as a private agreement between two people, and the roles of the settlor, trustee and beneficiaries. He then focuses on irrevocable trusts and necessary special considerations, use of trusts in advanced tax planning, defective grantor trusts, asset protection generally, how to best structure asset protection trusts, self-settled trusts and foreign protection trusts. Both in the general overview of trusts within our legal system and in the specific considerations necessary to evaluate different types of trusts, this program provides attorneys with information on trusts which can be of enormous value, both to themselves and to their clients.

Course Agenda

  • The Basics
  • Terminology - Types of Trusts
  • Focus on Irrevocable Trusts
  • Requirements for a Valid Trust
  • Trustee - Selection, Duties, Powers
  • Possible Benefits of Trusts
  • Special Considerations
  • GRATs
  • Income Tax Planning with DINGs
  • Structuring Asset Protection Trusts
  • Self-Settled Trusts

Course Credit per State


AZ - General: 1.0 Credits
CA - General: 1.0 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
MO - Self Study: 1.2 Credits
NH - General: 1.0 Credits
NJ - General: 1.2 Credits
NY - General: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

Advances in Technology: Protecting the Truth

View Course Details

Advances in Technology: Protecting the Truth Details


Price:
$19.99

Course Description

With Deepfake videos the ability to manipulate audio, video and images has created a fundamental trust problem and is a major corporate threat. Soon, we literally might not be able to believe our own eyes or ears when trying to detect and deter corporate fraud, for example disgruntled employees creating fake clips of their supervisor or co-employee to undermine them or get them fired, or changing a voicemail recording of what a person said to support a false claim. Additionally, so called "pump and dump" schemes use a combination of fake audios and videos to quickly spread corporate misinformation to impact high-frequency trading algorithms that rely on digital information to make investment calls. In the courtroom sophisticated AI generated images has raised issues related to legal challenges to digital evidence based on authenticity, with similar problems in e-discovery. Of course, the cultural and political ramifications, and privacy and social media concerns about deepfake videos becomes more evident every day.

Course Agenda

  • What is Ephemeral Messaging?
  • How is it used today?
  • What are the legal, regulatory and ethical issues of using ephemeral technology?
  • What are some appropriate vs. inappropriate use scenarios?
  • Debate pros and cons
  • Best practices

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - Professional Responsibility: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
FL - Technology: 1.0 Credits
IL - General: 1.0 Credits
MO - Self Study: 1.2 Credits
NH - Ethics: 1.0 Credits
NJ - General: 1.2 Credits
NV - Ethics: 1.0 Credits
NY - Ethics: 1.0 Credits
TX - Ethics: 1.0 Credits
UT - Self Study: 1.0 Credits

Course Presenter(s)

Albert Barsocchini
ALBERT BARSOCCHINI, Esq. is an internationally recognized expert and thought leader in discovery, information governance and digital investigations. He is a past chair of the California State Bar's Law Practice Management & Technology Section. Mr. Barsocchini has over ten years of experience as a first-chair trial attorney and is a California State Bar Special Master and Certified E-discovery Specialist. He is currently Director of Strategic Consulting and Client Advisory Service at NightOwl Discovery.
  Course Price:
$19.99
 
 

Advocacy, Ethics, and the Law for Librarians

View Course Details

Advocacy, Ethics, and the Law for Librarians Details


Price:
$19.99

Course Description

This course is an introduction to public advocacy and lobbying for librarians. As professionals, how can we make sure our voices are heard on issues of freedom, equity, truth, and justice? What is ethically required of us? Where are the legal (and political) danger zones? Presented by Rob Mead, Washington State Law Library.

Course Agenda

  • Advocacy by Librarians
  • Library ethical considerations in the light of the legal restrictions on lobbying and advocacy for public libraries.
  • Critical Intersection for Today
  • March 2017 Trump Administration Budget
  • What is Advocacy?
  • What is Lobbying?
  • Library Ethics - What should we do?
  • How do our values inform our professional advocacy?
  • Legal Restrictions on Library Advocacy
  • Hatch Act (1939 - Act to Prevent Pernicious Political Activities) - 5 U.S.C. §§ 7321-7326
  • Federal Lobbying Prohibitions 31 U.S.C § 1352

Course Credit per State


AK - Ethics: 1.0 Credits
AZ - Professional Responsibility: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
IL - Professional Responsibility: 1.0 Credits
ND - Ethics: 1.0 Credits
NY - Ethics: 1.0 Credits

Course Presenter(s)

  Course Price:
$19.99
 
 

Age Bias at Work: Why Our Laws are Ineffective and How to Improve Them

View Course Details

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.

Course Agenda

  • Management and Age Bias
  • ?Wall of Discrimination
  • ?Micro-Targeting?
  • How Employers See Persons Who Are Age 40+
  • How Recruiters See Persons Who are Age 40+
  • How Company Lawyers See Persons Who Are Age 40+
  • ?Bro Culture?
  • Gray Hair? How Awful!!!
  • ?Older female applicants??
  • ?Frozen? in Dead-End Jobs
  • Federal Legal Framework
  • What?s a BFOQ????
  • California Legal Framework
  • CACI 2570 ? Age Discrimination
  • Harsh Realities
  • Setback for Plaintiffs
  • Algorithms Crush the Law
  • Key California Decisions
  • Age Bias in Legal Industry
  • Support Professionals
  • REFORMS

Course Credit per State


AZ - General: 1.5 Credits
CA - Elimination of Bias: 1.5 Credits
CT - General: 1.5 Credits
ME - Self Study: 1.55 Credits
ND - Self Study: 1.5 Credits
NY - General: 1.5 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:
$24.99
 
 

Asset Protection and Estate Planning Under the New Tax Act

View Course Details

Asset Protection and Estate Planning Under the New Tax Act Details


Price:
$19.99

Course Description

Jacob Stein and Michelle Lerman discuss the changes to asset protection and estate planning as a result of the new Tax Act. They will provide an overview of the current legal landscape before delving into how the changes will affect existing practices, potential pitfalls to avoid, and opportunities to take advantage of in the new tax era.

Jacob Stein will discuss asset protection under the new tax act. He will present a practical approach to protecting assets, applying real-life stories to theory. He will discuss strategies and solutions to protecting specific assets like residences, retirement plans, real estate investments and businesses. He will also touch on more sophisticated strategies such as Advanced trust and Offshore structures.

Michelle Lerman will lead the discussion on estate planning under the new tax act. She will provide an overview on choosing the right estate plan, taking advantage of the transfer tax law, using irrevocable trusts to protect assets and much more.

Course Agenda

  • Threshold Questions
  • Debt Collection
  • Fraudulent Transfers
  • Planning in Context of Marriage
  • Entity Planning
  • Choice of Entity
  • Planning with Trusts
  • Foreign Trusts
  • Retirement Plans
  • Comprehensive Example
  • New Tax Act
  • Planning Under the New Tax Law

Course Credit per State


AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
ND - Self Study: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

Michelle Lerman
Michelle Lerman is an Estate Planning Attorney who is passionate about helping people reach their estate planning goals. She is a Superlawyer and certified specialist; an author who recently published the 2nd Edition of her book "Create Your Best Legacy; a featured commentator on radio and television, and a sought-after professional speaker.
  Course Price:
$19.99
 
 

Attorneys and the Cloud

View Course Details

Attorneys and the Cloud Details


Price:
$19.99

Course Description

What is "The Cloud"? Who runs it? Where is it? Will it go away? Where is all my information? Is it worth using? These questions and more are discussed in this program which helps attorneys learn about this major development in law technology and also meet ethical obligations to remain knowledgeable in this area, as stated by the ABA.

Course Agenda

What is the "cloud"?
  • Who runs it?
  • Where is it?
  • Will it go away?
  • Where is all my information?
  • Is it worth using?
Cloud Benefits
  • File Sharing
  • File centralization
  • "Virtual machines"
  • Log into system
  • "Zero Maintenance"
  • "always on"
  • No longer have to go to the office
Ethics behind Cloud Computing
  • ABA Model Rule 1.1 Competence: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
  • ABA Model Rule 1.6(c), "make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client."
  • ALL States that offer opinions on Cloud Computing= allowed with "reasonable care"
  • CA OPINION NO. 2010-179
  • "Evaluate the nature of the technology, available security precautions, and limitations on third-party access."
  • "Consult an expert if lawyer's technology expertise is lacking."
  • "Weigh the sensitivity of the data, the impact of disclosure on the client, the urgency of the situation, and the client's instructions."
Cloud Concerns
  • Security
  • Control
  • What happens if you don't pay on time?
  • If you decide to cancel, will all the data be permanently deleted?
  • Trust of vendor
  • Reliability of Internet connection & speed
Cloud Tasks for Attorneys
  • Centralized case/matter management
  • Document management
  • Time and billing
  • A hosted Quickbooks or Time Matters system often works better than trying to locally network it between workstations
  • Scheduling/reporting
  • Contact management
  • Conflict checking
Cloud Considerations
  • What law governs (yours or where the server is?)
  • How would you be notified if there was a security concern?
  • You own all the data uploaded, right?
  • What's the vendor's reputation in the community overall?
  • Will my data be encrypted? What type?
  • Duty to Supervise
  • Duty to Communicate with Client
Managing Cloud Risks
  • Internal Due Diligence
  • External Due Diligence; Contracts
  • Continuous Access to Data
  • Security, Security Breaches
  • Termination
  • Implementation
  • TRAINING
  • NEW HIRES
  • DOCUMENTED INSTRUCTIONS ON RETRIEVING/STORING DATA!
Cloud Computing Services
  • Dropbox/Box.net for Business
  • OneDrive Professional
  • Google Apps for Business (attorneys)
  • Hosted App Servers (almost any ISP; hostgator, godaddy, amazon, etc.)
  • Mozy & Carbonite backup services
  • Remote access: Logmein, GoToMyPc, Teamviewer, Join.me
  • Encrypted Email Servers: DiaLawg, Rpost,ZixCorp, Barracuda

Course Credit per State


AZ - Professional Responsibility: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
FL - Ethics: 1.0 Credits
KY - Ethics: 1.0 Credits
NY - Ethics: 1.0 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:
$19.99
 
 

Attorneys and the Cloud - Update

View Course Details

Attorneys and the Cloud - Update Details


Price:
$19.99

Course Description

What is "The Cloud"?

Who runs it? Where is it? Will it go away? Where is all my information? Is it worth using? These questions and more are discussed in this program which helps attorneys learn about this major development in law technology and also meet ethical obligations to remain knowledgeable in this area, as stated by the ABA.

ABA Model Rule 1.1 Competence: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Additional Cloud areas discussed include Centralized case/matter management, Document management, Time and billing, Scheduling/reporting, Contact management, Conflict checking and more.

Course Agenda

  • What is the "cloud"?
  • Cloud Benefits
  • Ethics behind Cloud Computing
  • Cloud Concerns
  • Cloud Tasks for Attorneys
  • Cloud Considerations
  • Cloud Computing Services
  • Managing Cloud Risks
  • Legal Specific Cloud Computing Services

Course Credit per State


AZ - Professional Responsibility: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
FL - Ethics: 1.0 Credits
IL - Professional Responsibility: 1.0 Credits
IN - Ethics: 1.2 Credits
NJ - Ethics: 1.2 Credits
NY - Ethics: 1.0 Credits
OH - Attorney Professional Conduct: 1.0 Credits
PA - Ethics: 1.0 Credits
SC - Ethics: 1.13 Credits
TX - Ethics: 1.0 Credits
UT - Ethics: 1.0 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:
$19.99
 
 

Bring Your Own Tech to the Office

View Course Details

Bring Your Own Tech to the Office Details


Price:
$19.99

Course Description

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


CT - 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.

  Course Price:
$19.99
 
 

Business and Asset Protection Strategies in the Age of Covid-19

View Course Details

Business and Asset Protection Strategies in the Age of Covid-19 Details


Price:
$19.99

Course Description

than those who have not. This engaging presentation on protecting assets from plaintiffs, lenders, creditors and the government will cover lessons learned from the financial crisis of 2008 that we can apply to the current landscape, what businesses can do now to transition into the recession, and how companies and individuals can protect their assets from litigation and creditor threats. The instructor will share real-life stories and anecdotes, and will present a very practical approach to protecting assets. The discussion will also cover asset protection planning in a troubled economy, focusing on protecting assets from lenders and landlords and how to plan after a lawsuit, a default or an accident.

Course Agenda

  • Overview of Asset Protection
  • Fraudulent Transfers
  • Business Entities
  • Trusts in Asset Protection
  • Protecting Specific Assets
  • How to plan for a lawsuit

Course Credit per State


AZ - General: 1.5 Credits
CA - General: 1.5 Credits
CT - General: 1.5 Credits
GA - Self Study: 1.5 Credits
IL - General: 1.25 Credits
IN - Distance Education: 2.1 Credits
NJ - General: 1.6 Credits
NY - General: 1.5 Credits
OH - Self Study: 1.25 Credits
OK - Distance Learning: 1.5 Credits
SC - General: 1.31 Credits
TX - General: 1.25 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

Competence Issues

View Course Details

Competence Issues Details


Price:
$19.99

Course Description

In an overview of his program, attorney Steven A. Nielsen discusses the new definition of the former required program which focused solely on substance abuse and emotional distress, and why it is more relevant and vital to take a 'big picture' approach which considers the multiple pressures which lawyers face in their practices, from physical and mental issues which may impair competence, such as depression, age and natural cognitive decline, to substance abuse (including cannabis), alcohol abuse and general health. He discusses mental illness, mental impairment and depression and how they may be recognized, and programs which help eliminate the stigma of mental health in the workplace. He then offers a series of practical recommendations, such as limitation of constant interruptions from email, texts and cell phones, which he call "Interruption Management," and a "buddy system" by which attorneys can informally check on each other's practices, such as compliance deadlines and other projects. He also suggests ways in which lawyers can focus on activities to help keep a sharp focus, how to embrace physical activities with the caveat "sitting is the new smoking," improved eating habits, and how it may be necessary to sometimes say 'no' to new work in order to deliver top quality legal services and to maintain good mental and physical health.

Course Agenda

  • Genesis of MCLE Requirement Rule 1.1 [3-110]
  • Substance Abuse? New 420 Issues for 2019-2020?
  • Depression ? drops of water over time
  • The New ?Other? Categories of Impairment
  • Mental Issues
  • Physical Issues
  • What can we do? Prevention/Detection/Treatment

Course Credit per State


AZ - General: 1.0 Credits
CA - Competence Issues: 1.0 Credits
CT - General: 1.0 Credits
FL - Substance Abuse: 1.0 Credits
IL - Mental Health - Substance Abuse : 1.0 Credits
IN - Distance Education: 1.0 Credits
NH - General: 1.0 Credits
NJ - General: 1.2 Credits
NV - Substance Abuse: 1.0 Credits
NY - substance abuse: 1.0 Credits
SC - Substance Abuse: 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.
  Course Price:
$19.99
 
 

Competence Issues Relevant to an Attorneys Ability to Perform Legal Services

View Course Details

Competence Issues Relevant to an Attorneys Ability to Perform Legal Services Details


Price:
$19.99

Course Description

In this program patent attorney Steven A. Nielsen discusses the evolution of awareness of the general subject matter of competence as it relates to substance abuse (including new legal medical cannabis), stress, age, dementia and other factors and their relationship to the practice of law. The maxim that "the law is a jealous mistress" can be true if attorneys fail to take a big picture view of the factors at work which can cause physical and mental harm and distract lawyers from enjoyment of their lives and the need to pay attention to their physical and mental health.

This program addresses both the need for awareness of substance abuse, depression, mental illness, age, cognitive decline and related issues, plus practical, easy to implement steps to facilitate an enjoyable and effective practice.

Course Agenda

Course Credit per State


AK - Voluntary: 1.0 Credits
AZ - General: 1.0 Credits
CA - Competence Issues: 1.0 Credits
CT - : 1.0 Credits
FL - Substance Abuse: 1.0 Credits
ND - Ethics: 1.0 Credits
NY - 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.
  Course Price:
$19.99
 
 

Complex Financial Issues Affecting Marital Standard of Living Analysis

View Course Details

Complex Financial Issues Affecting Marital Standard of Living Analysis Details


Price:
$19.99

Course Description

Certified Divorce Financial Analyst Karen Sparks discusses the myriad of financial issues which are involved in defining the Marital Standard of Living (MSOL) in both Community Property and Equitable Distribution states. She defines Marital Asset Distribution in the general sense including the two main general approaches, with examples of statutory guidelines. Her overview of Marital Standard of Living, (or the lifestyle enjoyed by the parties during the marriage), defines in detail the terms and the factors which go into the calculations and the process of navigating complex financial issues, such as investment assets, real estate and deferred compensation and how these factors are also involved in the calculation of spousal support.

Course Agenda

Course Credit per State


AL - On-Demand: 1.3 Credits
AZ - General: 1.5 Credits
CA - General: 1.25 Credits
CT - General: 1.5 Credits
FL - General: 1.5 Credits
GA - Self Study: 1.0 Credits
IL - General: 1.25 Credits
MT - Self Study: 1.0 Credits
NH - General: 1.5 Credits
NJ - General: 1.5 Credits
NV - General: 1.0 Credits
NY - General: 1.5 Credits
PA - Distance Learning: 1.5 Credits
TX - General: 1.25 Credits

Course Presenter(s)

  Course Price:
$19.99
 
 

Conflicts of Interest for Nonprofits: Counseling Nonprofit Boards on Avoiding Conflicts

View Course Details

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
AZ - Professional Responsibility: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
FL - Ethics: 1.0 Credits
ND - Ethics: 1.0 Credits
NY - Ethics: 1.0 Credits
PA - Ethics: 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.
  Course Price:
$19.99
 
 

Conflicts of Interest in the Practice of Law: Causes and Cures

View Course Details

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??

Imputed Conflicts (most important)/Imputed Disqualification Rule

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


CT - 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.

  Course Price:
$19.99
 
 

Consumer Collections

View Course Details

Consumer Collections Details


Price:
$19.99

Course Description

This course provides a general overview of the use of attorneys to collect on consumer debt using the judicial system and also dives into some subtleties that practicing consumer collection attorneys will encounter. Topics covered include the difference between specializations in Consumer Collections, FDCPA and bankruptcy areas of law; general consumer collections principles; situations where the debtor wants to settle; seeking a default clerk?s judgment, discovery, trial preparation and efforts in enforcement of the judgement.

Course Agenda

  • What is consumer collections?
  • Consumer Collections General Principles
  • Situations Where the Debtor Wants to Settle
  • Seeking a Default Clerk?s Judgment
  • Discovery
  • Trial Preparation
  • Efforts in Enforcement of the Judgment

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
GA - Self Study: 1.0 Credits
IL - General: 1.0 Credits
ME - Self Study: 1.0 Credits
MO - Self Study: 1.2 Credits
MT - Self Study: 1.0 Credits
NH - General: 1.0 Credits
NJ - General: 1.2 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits
TX - General: 1.0 Credits

Course Presenter(s)

Lawrence M. Smith
Lawrence M Smith, Esq. received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Smith is currently working in private practice and resides in Sacramento, California and specializes in Consumer Collections and has over 25 years of experience in this field.
  Course Price:
$19.99
 
 

Copyright Infringement - Defending Lawsuits and Protecting Assets

View Course Details

Copyright Infringement - Defending Lawsuits and Protecting Assets Details


Price:
$19.99

Course Description

Attorneys Jacob Stein and Scott Lesowitz focus on how to defend infringement lawsuits and protect assets in the event of a lawsuit. Topics addressed include the elements of infringement, Fair Use - an unsure defense, available damages for copyright infringement and the importance of registration, liability for the acts of employees and use of independent contractors, protecting assets in the event of infringement, (actual, statutory and attorney fees), entity structures for ownership of copyrights, foreign entities and collection, jurisdiction over foreign defendants in American courts and collection of damages against foreign entities.

Course Agenda

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
ME - Self Study: 1.0 Credits
NH - General: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits
TX - General: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

Credit Damages and their Application in Cases: An Overview

View Course Details

Credit Damages and their Application in Cases: An Overview Details


Price:
$19.99

Course Description

Credit damage and loss of credit reputation can occur when misconduct by a third party results in negative information appearing on a credit report that leads to an individual or business to lose access to credit that was available prior to the damage. The ability to identify and assess a client?s credit damages can increase the value of a damage demand significantly in litigation matters. This damage can result in increased out-of-pocket costs, loss of credit capacity and loss of credit expectancy (the inability to obtain any new credit or new credit at the same interest rate category as pre-injury).

As credit reputation damages become more common, courts are rejecting the defense?s "subjective" argument and allowing credit reputation damage as a general or special injury. Attorneys should learn how to identify such damages and undertake a credit damage investigation whenever a significant monetary loss appears to have occurred. This program examines credit report issues and credit reputation damage compensation and helps attorneys identify these potential damages in a wide variety of cases.

Course Agenda

  • Why are ?Client Credit Damages? important? The ability to identify and assess a client?s credit damages can increase the value of a damage demand significantly in litigation matters.
  • Statutes: In California, the applicable statute is California Code of Civil Procedure Section 3333. Other states may have similar statutes.
  • When do Credit Damage and Loss of Credit Reputation Occur? Definition: Credit damage and loss of credit reputation can occur when misconduct by a third party results in negative information appearing on a credit report that leads to an individual or business to lose access to credit that was available prior to the damage.
  • Typical LossesInvolved: This damage can result in increased out-of-pocket costs, loss of credit capacity and loss of credit expectancy (the inability to obtain any new credit or new credit at the same interest rate category as pre-injury).
    • Examples of Credit Damage and Loss of Credit Reputation.
    • Typical cases where Credit Damage May Apply:
    • Personal injury
    • Improper real estate transactions
    • Identity theft
    • Breach of contract
    • Fraud
    • Malpractice (i.e., legal, medical)
    • Mortgage delinquency/modification programs
    • Health insurance coverage rescission
    • Contested divorce
    • Partnership disputes
  • Complaints from Clients: Examples and How to Increase Awareness of Attorneys to Credit Damage
  • Example: Property Owner?s Insurance Claim Ignored by Insurer
  • Example: Contested Divorce
  • Credit Reputation Damage As a Special Injury: Case Law
  • Need to Include Credit Reputation Damage in Damage Demands
  • Typical Indicators
  • Assessing Credit Damage Demand
  • Questions to ask clients. Consumer Credit Reports.
  • What Can Be Used in Court?
  • What Subscriber Credit Reports Reveal
  • Measuring Credit Reputation Damages
  • Conclusion: As credit reputation damages become more common, courts are rejecting the defense?s "subjective" argument and allowing credit reputation damage as a general or special injury. Attorneys should undertake a credit damage investigation whenever a significant monetary loss appears to have occurred.
  • Review: Questions and Answers

Course Credit per State


CA - General: 1.0 Credits
CT - General: 1.0 Credits
MO - Self Study: 1.2 Credits
NY - General: 1.0 Credits
WA - General: 1.0 Credits
WV - General: 1.2 Credits

Course Presenter(s)

Georg Finder

Georg Finder, an Orange County, CA Independent Credit Evaluator (ICE), is an expert on credit reporting violations and credit damage measurement. He has more than 20 years of experience evaluating credit reports and has appeared as an expert witness for both plaintiff and defense. He is an expert on credit report issues and credit reputation damage compensation and teaches a certified Credit Damages Assessor (CDA) program through the Financial Education Academy.

James Ellis Arden

James Ellis Arden is an attorney in California who on litigation and appeals involving civil procedure and attorney malpractice issues. He is rated AV-preeminent by Martindale-Hubbell. Arden writes andlectures on legal practice, technology, and ethics. He authors the ?TechnoEthics? column in GPSOLO magazine, published by the ABA General Practice, Solo and Small Firm Division. Arden is a member of the Association of Professional Responsibility Lawyers (APRL), the Professional Responsibility and Ethics Committee (PREC) of the Los Angeles County Bar Association, and the California State Bar Committee on Professional Liability Insurance (COPLI). In the olden days, he studied psychology and computer programming.

  Course Price:
$19.99
 
 

Cyber Stalking: Who's Watching Me

View Course Details

Cyber Stalking: Who's Watching Me Details


Price:
$19.99

Course Description

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


CO - General: 1.4 Credits
CT - General: 1.0 Credits
NY - General: 1.0 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.

  Course Price:
$19.99
 
 

Depositions

View Course Details

Depositions Details


Price:
$24.99

Course Description

In this course, attorney David Graulich will cover the basics of depositions in civil litigations. David is a plaintiff's attorney himself, but will discuss depositions from both the plaintiff's and the defense attorney's side. By the end of this session, attorneys who have never been involved in a deposition, as well as those who have, should be able to leave with some useful tools for future depositions.

Course Agenda

1. Preliminaries
  • Purpose of the Deposition
  • Who Will Be Present
  • When to Depose
  • Where to Depose
2. Going on the Record
  • Preliminary Matters
  • Stipulations
  • Introduction
3. Style of Questioning
  • Using an Assistant
  • Documents
  • Cross-examination
4. Coping with Objections and Other Problems
  • Form of the Question
  • Privilege/Protected Work Product
  • Motion to Compel
5. When Your Side Is Deposed
  • Defending Attorney Role
  • Preparing the Deponent
  • Making Objections
  • Maintaining Contact
  • Asking Questions

    Course Credit per State


    CO - General: 1.62 Credits
    CT - General: 1.25 Credits
    NV - General: 1.5 Credits
    NY - General: 1.5 Credits
    WA - General: 1.25 Credits
    WV - General: 1.62 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:
$24.99
 
 

Diversity and Inclusion in the Legal Profession

View Course Details

Diversity and Inclusion in the Legal Profession Details


Price:
$19.99

Course Description

Attorney Steve Nielsen provides a candid assessment of where the legal profession stands in terms of diversity and inclusion, and reviews what ideas and programs have worked, and some which have not. He walks through and discusses key, topical articles and reviews the current statistical data on diversity and whether or not progress has been achieved. He suggests positive ways in which diversity and inclusion can properly and constructively be discussed in the law office and notes the important role of leadership in discussing diversity and inclusion in the office. Mr. Nielsen offers recommendations on how to effectively enhance inclusion efforts, such as mentoring and networking to help new attorneys, and includes some tips on what policies or strategies may be counter-productive He adds a list of the numerous categories of diversity which exist and which deserve attention to help create a better environment for legal professionals.

Course Agenda

  • What does the current literature tell us?
  • A Newer CLE Requirement
  • Pressure for Law School Ranking Hurts Women
  • Both Law and Medicine have Diversity Problems
  • National Association of Women Lawyers (NAWL):
  • The national Association for Law Placement (NALP) www.nalp.org
  • A slow and discouraging trend..
  • From 'Why You Should Insist on Diversity in Your Law Practice": BY SUZIE SCANLON RABINOWITZ, JANUARY 23, 2020
  • New Reports Are Not Encouraging
  • Is Mental Health a Point of Diversity?
  • 'Belongingness'
  • THE DO'S OF DISCUSSING DIVERSITY
  • THE DON'TS OF DISCUSSING DIVERSITY
  • Covering the Bases of D and I
  • New York - Has a Diversity and Inclusion Office (D&I)
  • A Broader Definition of Diversity
  • Illinois
  • Mentoring and Networking Seem to be an Answer
  • Diversity and Inclusion
  • Is our definition of 'reaching the top' to be reconsidered?
  • Is running a solo or small firm considered success?
  • Bias - A Proposed Big Picture View
  • A Proposed Big Picture Approach
  • What is Bias?
  • Mechanical Bias
  • Group Bias
  • What is Discrimination?
  • Discriminating
  • Discriminating Tastes
  • Do we learn hate?
  • How did we evolve?
  • Advantages of being in a group
  • Group Study Data
  • The Robber's Cave Experiment
  • 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
  • Perhaps broad definitions of 'diversity' are helpful in defining the scope of our anti-bias efforts
  • Still allowed to judge or discern, but judge with knowledge of the individual
  • How do we reduce bias?
  • How do we make everyone feel equal?
  • The Judge and the Fishing Story
  • The Skilled Mediator Example
  • Bias in Action
  • Can we learn to withhold judgment?
  • Question Everything

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - Elimination of Bias: 1.0 Credits
CT - General: 1.0 Credits
FL - Ethics: 1.0 Credits
IL - Diversity and Inclusion: 1.0 Credits
IN - Distance Education: 1.0 Credits
KY - General: 1.0 Credits
NH - General: 1.0 Credits
NJ - Diversity Inclusion Elimination of Bias: 1.2 Credits
NY - Diversity and Inclusion: 1.0 Credits
OH - Attorney Professional Conduct: 1.0 Credits
OK - Distance Learning: 1.0 Credits
TN - General: 1.02 Credits
TX - General: 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.
  Course Price:
$19.99
 
 

Diversity in the Legal Profession

View Course Details

Diversity in the Legal Profession Details


Price:
$19.99

Course Description

While awareness of the need for support for diversity among law firms continues to increase, the goal of proportionate inclusion for people of diverse ethnicity and women remains substantially unfulfilled. Members of historically underrepresented groups remain seriously disadvantaged in both training and work environments. In this program attorney Steven A. Nielsen discusses the gap between efforts to increase diversity and inclusion in the legal profession and the less than satisfactory results as documented in current statistical data. He offers his thoughts on how the profession can first recognize the root causes that contribute to a lack of diversity and how, with this knowledge, firms can implement practical policies of inclusion to provide a way forward to increase racial and gender diversity.

Course Agenda

  • What does the current literature tell us?
  • Pressure for Law School Ranking Hurts Women
  • Both Law and Medicine have Diversity Problems
  • Getting into Law School
  • Making a Living as a Lawyer
  • Covering the Bases of D and I
  • A Broader Definition of Diversity
  • Mentoring and Networking Seem to be an Answer
  • Diversity and Inclusion
  • Is our definition of "reaching the top" to be reconsidered?
  • Is running a solo or small frim considered success?
  • Crossover Subjects
  • Bias - A Proposed Big Picture View
  • A Proposed Big Picture Approach
  • What is Bias?
  • Mechanical Bias
  • Group Bias
  • What is Discrimination?
  • Do we learn hate?
  • How did we evolve?
  • Advantages of being in a group
  • Group Study Data
  • The Robber's Cave Experiment
  • 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
  • Perhaps broad definitions of "diversity" are helpful in defining the scope of our anti-bias efforts
  • Still allowed to judge or discern, but judge with knowledge of the individual
  • How do we reduce bias?
  • How do we make everyone feel equal?
  • The Skilled Mediator Example
  • Bias in Action
  • Can we learn to withhold judgment?
  • Question Everything

Course Credit per State


AK - Voluntary: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
ND - Self Study: 1.0 Credits
NV - General: 1.0 Credits
NY - Diversity and Inclusion: 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.
  Course Price:
$19.99
 
 

Doing Business in South America

View Course Details

Doing Business in South America Details


Price:
$19.99

Course Description

Supremely qualified presenters address the many differences and similarities of how business is conducted in both Brazil and Argentina as compared to the United States. Topics include tax reform and compliance in Argentina, corporate governance, corporate criminal liability, an overview of the Brazilian economy, political landscape and capital markets, commonly used business structures and legal entities an introduction to the Brazilian legal system and taxation, the do's and don'ts of foreign investment, corporate and joint venture issues for U.S. investors in South America, establishing the optimal corporate structure, U.S. Taxation of Outbound Transactions (CFCs and Subpart F income) and Income Tax Treaties. Moreover, the program offers a stimulating overview of these two large countries, the opportunities they present and the intricacies of their investment structures and legal systems.

Course Agenda

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
IL - General: 1.0 Credits
MO - Self Study: 1.3 Credits
NH - General: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

Drafting Software Development Agreements

View Course Details

Drafting Software Development Agreements Details


Price:
$19.99

Course Description

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


    AZ - General: 1.25 Credits
    CO - General: 1.2 Credits
    CT - General: 1.5 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.

  Course Price:
$19.99
 
 

Effective Use of Experts in Litigation

View Course Details

Effective Use of Experts in Litigation Details


Price:
$24.99

Course Description

As a college lecturer for 27 years and an economic consultant to attorneys for 25 years, George A. Jouganatos, Ph.D. discusses the effective use of an expert from the point of view of the expert. His experience includes a wide variety of cases in employment, personal injury, wrongful death and commercial matters.

The topics discussed include selection and timing of engagement, ethics for experts, identifying experts, selection criteria, fees, and preparing for testimony.

Course Agenda

Course Credit per State


AZ - General: 1.5 Credits
CA - General: 1.5 Credits
CO - General: 1.7 Credits
CT - General: 1.0 Credits
NY - General: 1.5 Credits

Course Presenter(s)

George Jouganatos

George A. Jouganatos has been a professor of economics for over 17 years. He has taught economics, finance, and quantitative analysis at University of California, Davis, University of California, Santa Cruz, California State University, Sacramento, and California State University, Hayward. He has published and engaged in seminars in the fields of the economics of development, political economy, economic history, environmental economics, public policy, and economic modeling and forecasting.

Dr. Jouganatos conducted research at the University of Athens and the Center of Economic Research and Planning in Athens, Greece where he conferred with many of the nation''s top economists and political officials. The fruit of the research resulted in a seminal book on the development of the Greek economy. His work on the Greek economy has been cited numerous times. He also engaged in research at the Institute of Development Studies, University of Sussex.

He works as a consulting economist providing economic and statistical analysis for the private and public sectors since 1991. He has written many economic impact, efficiency, cost, and feasibility studies. He has designed economic models, strategic plans, and performance measures. Dr. Jouganatos serves as an expert witness for cases involving personal Injury, wrongful death, wrongful termination, housing discrimination, employment discrimination, economic loss, business valuations, public finance, and breach of contracts. He has consulted and given testimony for numerous attorneys in California as well as in Nevada, Iowa, Montana, Hawaii and New York.

His selected clients include California Department of Boating and Waterways, California Resources Agency, California Attorney General, California Department of Finance, California Department of Education, California Department of Transportation, California Department of Justice, California Department of Corrections. Governor''s Office of Planning and Research, City of San Francisco, Harcourt Brace, State Farm Insurance, General American Investments, Individual Rights Foundation, Allied Electric Motor, Bank of New York, and numerous law firms.

Dr. Jouganatos has advised California State Assembly and Congressional candidates on economic issues and policies. He was asked to review economic platforms of United States Senate and California gubernatorial candidates. On several occasions he has provided brief commentaries on economic events and issues for television and radio.

In 2000, he was awarded a Faculty Research Fellows Grant from the Center of California Studies, California State University, Sacramento to analyze state land holdings for the Governor''s Office of Planning and Research.

He received a Ph.D. in economics from the University of California at Riverside.

  Course Price:
$24.99
 
 

Effective Workplace Policies and Handbooks

View Course Details

Effective Workplace Policies and Handbooks Details


Price:
$19.99

Course Description

Policies and Handbooks allow employers to establish guidelines and expectations. When properly drafted these policies are beneficial to both employers and employees, and prevent potential problems. Thomas Lenz discusses a wide range of issues, from the obvious, "do you have written workplace policies" to, are they understandable? In many work environments this requires the policies to be in multiple languages, and some policies are required by law.

Mr. Lenz reviews "at will" employment and numerous hot button issues such as cellular phone usage, electronic communications and social media, and the rules which cover employees' personal use of these technologies, both in and out of the workplace. He reviews harassment policies and general rules regarding proper calculation of hours of work, meal and rest periods and standards of conduct rules. Effective policies allow management flexibility and help create a workplace where Everybody Wins!

Course Agenda

  • Do You Have Written Workplace Policies?
  • Big Questions Can Arise When Policies Don?t Reflect Reality
  • Policies and Handbooks Allow Employers to Establish Guidelines & Expectations
  • Some Policies are Required by Law
  • At-Will
  • Acknowledgment of At-Will
  • Acknowledgment of Receipt
  • Bulletin Boards
  • Cellular Telephone Policy
  • Confidentiality
  • Electronic Communications & Social Media
  • EEO (17 Classifications)
  • Harassment Policy
  • Hours of Work
  • Introductory Period
  • Meal & Rest Periods
  • In Closing
  • Jury Duty
  • Leaves of Absence
  • Management Rights
  • Open Door
  • Overtime
  • Recovery Periods
  • Security
  • Sick Leave/PTO
  • Solicitation/Distribution
  • Standards of Conduct Rules
  • Time Cards
  • Vacation
  • Workplace Violence
  • You Should Consider Whether Your Policies and Handbook Reflect:
  • Make Sure that what You Practice is what You Preach
  • Caveat

Course Credit per State


AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IN - Distance Education: 1.0 Credits
NY - General: 1.0 Credits

Course Presenter(s)

Thomas A. Lenz
Experience

Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.

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
 
 

Ethical Considerations when Screening and Selecting New Clients

View Course Details

Ethical Considerations when Screening and Selecting New Clients Details


Price:
$19.99

Course Description

One of the most important yet overlooked issues in practicing law are the ethical considerations when screening and selecting new clients. If you work in a large law firm with a dedicated research department or work for a small law firm, it is important to understand the rules and nuances of new client ethics. In this course we look at what the ethical framework is that underlies these principles. We first look at conflicts of interests. Next, we examine meritorious claims and contentions. We then look at the various issues involved into going into business with or investing in a client. We examine the related concepts of competence and capacity and then lastly review the importance of not overselling a case with a potential client.

Course Agenda

  • Overview
  • Ethical Framework
  • Conflict of Interests
  • Meritorious Claims & Contentions
  • Going into Business With a Client
  • Competence
  • Capacity
  • Do Not ?Oversell? a Case

Course Credit per State


AZ - Professional Responsibility: 1.25 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
FL - Ethics: 1.0 Credits
NY - Ethics: 1.0 Credits
TX - Ethics: 1.25 Credits
VA - Ethics: 1.0 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
 
 

Ethical Issues for Trust, Estate & Probate Attorneys Under the California End of Life Option Act

View Course Details

Ethical Issues for Trust, Estate & Probate Attorneys Under the California End of Life Option Act Details


Price:
$19.99

Course Description

The California End of Life Option Act ("EOLOA" or "the Act"), operative since June 9, 2016, impacts estate, trust, and probate practice in a variety of ways. This article explains the Act's eligibility and procedural criteria and shows how potential EOLOA fact patterns can implicate certain ethical rules of professional responsibility. Specifically, this article focuses on the interaction between the EOLOA and some of the updated Rules of Professional Conduct, effective since November 1, 2018.

Course Agenda

EOLOA Eligibility Criteria & Procedures
  • California's End of Life Option Act (EOLOA)
  • Summary of Eligibility Criteria
Health & Safety Code Sec. 443.2
  • Key Terms
  • Qualified Individual
  • Capacity to Make Medical Decisions
  • Informed Decision
  • Terminal Disease
  • Self-Administer
  • Summary of Process: Patient Perspective
Health & Safety Code Sections 443.3, 443.5-443.7
  • Requirements for Patient's Written Request
  • Who Can be a Witness?
  • Summary of Process: Physician Perspective
  • EOLOA: Estate Planning
  • Donative Transfers Presumed Invalid
  • Care Custodian
  • Health & Social Services
  • Dependent Adult (Senior)
  • Dependent Adult (Non-Senior)
  • EOLOA & Care Custodian
  • Care Custodian as Heir?
  • EOLOA: Safe Harbor
  • EOLOA: Criminal Conduct
EOLOA & Cal. Rules of Professional Responsibility
  • Ethical Issue #1: Diligence (as of November 10, 2018)
  • Fact Pattern: Diligence
  • Ethical Analysis
  • Ethical Issue #2: Confidential Information of a Client (as of November 10, 2018)
  • Fact Pattern: Permissive Disclosure of Client Information
  • Ethical Analysis
  • Ethical Issue #3: Conflict of Interest - Current Clients (as of November 10, 2018)
  • Directly Adverse
  • Significant Risk? Materially Limit
  • Financial, Family, or Intimate Relationships
  • Fact Pattern: Avoiding the Representation of Adverse Interests
  • Ethical Analysis

Course Credit per State


AZ - Professional Responsibility: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
IN - Ethics: 1.0 Credits
NJ - Ethics: 1.2 Credits
NY - Ethics: 1.0 Credits
OH - Attorney Professional Conduct: 1.0 Credits
OK - Legal Ethics: 1.0 Credits
TX - Ethics: 1.0 Credits

Course Presenter(s)

Ariana Perfecto
Ariana M. Perfecto is an attorney at Lagerlof, LLP in Pasadena, California. She focuses on estate planning and trust administration. Ms. Perfecto earned her Juris Doctor from Pepperdine University School of Law. The California Trusts and Estates Quarterly recently published her article entitled, "The Practitioner's Guide to Preserving the Latino Legacy."
  Course Price:
$19.99
 
 

Ethical Issues in EB-5 and DACA Cases

View Course Details

Ethical Issues in EB-5 and DACA Cases Details


Price:
$19.99

Course Description

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
CO - Ethics: 1.2 Credits
CT - 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.

  Course Price:
$19.99
 
 

Ethical Issues of Contemporary Criminal Justice

View Course Details

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
    CO - Ethics: 2.1 Credits
    CT - Ethics: 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.?

  Course Price:
$29.99
 
 

Ethics for Patent Attorneys and Patent Agents

View Course Details

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


CO - Ethics: 1.2 Credits
CT - 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
 
 

Fair Credit Reporting Act

View Course Details

Fair Credit Reporting Act Details


Price:
$19.99

Course Description

This course covers the basics of litigation invoking the Fair Credit Reporting Act. Potential clients are anyone whose credit reports have inaccuracies and who have not been able to get the credit reporting agencies (CRAs) to make corrections.

The FCRA provides for private civil actions against the CRAs such as Experian, Equifax and Trans Union and against the furnishers of information to the CRAs, such as banks, finance companies, and debt collectors.

The courts will cover the statutory framework, how the dispute process works, the issues that typically arise in civil litigation against the CRAs and furnishers, and the types damages consumers may seek.

There will be discussion of the types of cases that are successful under the FCRA and the types of clients and cases to avoid.

Resources available to the private practitioner will be discussed.

Course Agenda

  • Consumer Rights under the FCRA
  • Key Threshold Issue-Accuracy in Credit Reports
  • Common Inaccuracies in Credit Reports
  • The Dispute Process, a Prerequisite to a Civil Case
  • What is a Reasonable Investigation?
  • Actual Damages Available in FCRA Cases\
  • Punitive Damages
  • Discovery from CRAs and Furnishers
  • Right to Jury Trial
  • Types of FCRA Cases Commonly Litigated
  • Statute of Limitations
  • Settlement Values of FCRA Cases
  • How to Evaluate Potential Client
  • Potential clients to reject
  • Essential Resources
  • Case Law

Course Credit per State


AK - Voluntary: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
MO - Self Study: 1.0 Credits
MT - Self Study: 1.0 Credits
ND - Self Study: 1.0 Credits
NH - General: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits

Course Presenter(s)

Mark F. Anderson
Mark F. Anderson has practiced law in San Francisco for over 45 years. He also represents consumers Fair Credit Reporting Act cases in which the consumers were damaged by inaccurate credit reporting by banks and other creditors who report credit information to Experian, Equifax, and TransUnion. He has settled over 150 cases involving inaccurate credit reporting. Mark was one of the first attorneys in California to represent consumers in lemon law cases. He has represented consumers in over 4,000 lemon law cases. He has also represented plaintiffs in numerous consumer class actions.
  Course Price:
$19.99
 
 

FOIA - Freedom of Information Act

View Course Details

FOIA - Freedom of Information Act Details


Price:
$19.99

Course Description

The crux of the Freedom of Information Act (5 U.S.C. Sec. 552) is to make Federal agencies accountable for information disclosure policies and practices. While the Act does not grant an absolute right to examine government documents, it does establish the right to request records and to receive a response to the request. If a record cannot be released, the requester is entitled to be formally advised of the reason for the denial. The requester also has a right to appeal the denial and, if necessary, to challenge it in court. Consequently, access to information of the Federal Government can no longer be controlled by arbitrary or unreviewable actions of a hidden bureaucracy. This program introduces attorneys to FOIA and (includes a discussion of FOIA and Environmental Law)

Course Agenda

  • Historical Overview of the Freedom of Information Act (5 U.S.C. Sec. 552)
  • How to make information requests
  • What types of records can be obtained using FOIA
  • FOIA Fee Waivers
  • Time frames for the government to respond to a request for public records
  • Exemptions from disclosure
  • Request Strategies
  • Department of Justice and State and Government Websites
  • How FOIA can best be used to serve the interests of clients, the public and our democracy.

    Course Credit per State


    AZ - General: 2.0 Credits
    CA - General: 1.75 Credits
    CT - General: 2.0 Credits
    FL - General: 2.0 Credits
    GA - Self Study: 1.5 Credits
    IL - General: 1.75 Credits
    IN - Distance Education: 1.8 Credits
    KY - General: 1.75 Credits
    MO - Self Study: 2.1 Credits
    MS - General: 1.8 Credits
    NH - General: 1.75 Credits
    NJ - General: 2.2 Credits
    NY - General: 2.0 Credits
    OH - Self Study: 1.75 Credits
    OK - Distance Learning: 2.0 Credits
    SC - General: 1.8 Credits
    TX - General: 2.0 Credits
    UT - Self Study: 1.5 Credits

    Course Presenter(s)

    Pete Sorenson

    With more than 30 years as an attorney, lawyer and advocate, I am licensed to practice law in the District of Columbia and the State of Oregon. I specialize in the Freedom of Information Act (FOIA) law and help journalists, authors, nonprofits, for profit businesses, and others to access federal government records. I assist clients with FOIA Requests, Administrative Appeals, Judicial Reviews and FOIA litigation. In addition to assisting clients, I speak and lecture on FOIA, most recently at the Appalachian Public Interest Environmental Law (APIEL) Conference in Tennessee, University of Georgia School of Law, and at University of Tennessee College of Law.

    Public and civic service is a cornerstone, with earlier careers working for a member of Congress and as Special Assistant to the Secretary of Agriculture. I am currently serving my 24th year as an elected Commissioner on the Lane County Board of Commissioners in Eugene, Oregon. Prior to that, I served in the Oregon State Senate. My political and civic experience adds a depth and understanding to my FOIA work that is unique among lawyers.

    RECENT FOIA CASES: (2016 ? Present)
    • Food and Drug Administration: assisted journalist in obtaining the calendar of a crucial FDA official
    • Central Intelligence Agency: obtained records for a journalist writing on the activities of a prominent CIA official, used in questioning President's nominee for CIA Director
    • Environmental Protection Agency: made request for client; assisted company in obtaining a report of a competitor's product performance
    • Central Intelligence Agency: made request, filed administrative appeal and judicial review; assisted in obtaining records of a client's father's service in the CIA
    • Bureau of Land Management: on behalf of a nonprofit organization, filed judicial review, obtained records and then obtained significant judgment for attorneys' fees for that work
    • Agricultural Marketing Service: filed judicial review; assisted nonprofit organization in obtaining records and then obtained judgment for attorneys' fees for that work February 6, 2020

    Federal Bureau of Investigation: filed request and administrative appeal on behalf of an individual seeking DNA evidence in criminal matter; obtained records; matter pending Centers for Medicare and Medicaid Services: assisting client in obtaining records held by CMS (in progress) Environmental Protection Agency: filed judicial review, obtained records, and obtained settlement of attorneys' fees for engineering firm needing data and reports

    CURRENT WORK:
    • 1997 ? Present Elected County Commissioner, Lane County Board, Eugene, Oregon
    • 1982 ? Present Attorney and Owner, Sorenson Law Office, Eugene, Oregon
    PAST EXPERIENCE:
    • 2005 ? 2006 Adjunct Professor, School of Law, University of Oregon
    • 1993 ? 1997 Oregon State Senator (Member of Judiciary Committee), Salem, Oregon
    • 1984 ? 1985 Visiting Professor, Department of Geography, University of Oregon
    • 1983 ? 1984 Instructor, Dept. of Planning, Public Policy and Management, University of Oregon
    • 1981 ? 1982 Volunteer Prosecutor, Lane County District Attorney's Office, Eugene, Oregon
    • 1979 ? 1982 Law Clerk, Dwyer Simpson and Wold, Attorneys, Eugene, Oregon
    • 1977 ? 1979 Special Assistant, Office of the Secretary of Agriculture, Washington, DC
    • 1974 ? 1977 Legislative Assistant, Congressman Jim Weaver (Oregon), Washington, DC
    EDUCATION:
    • 1996 ? Certificate of Completion, Program for America's Emerging Political Leaders, Darden School, University of Virginia, Charlottesville, Virginia
    • 1982 ? J.D. University of Oregon School of Law, Eugene, Oregon
    • 1979 ? M.A. University of Oregon Geography Department, Eugene, Oregon
    • 1973 ? B.A. University of Oregon Geography Department, Eugene, Oregon
    • 1972 ? A.A. Southwestern Oregon Community College, Coos Bay, Oregon
    BAR MEMBERSHIPS:
    • 1994 United States District Court for the District of Columbia
    • 1993 United States Court of Appeals for the District of Columbia Circuit
    • 1993 District of Columbia Court of Appeals
    • 1991 Supreme Court of the United States of America
    • 1984 United States Court of Appeals for the Ninth Circuit
    • 1983 United States District Court for the District of Oregon
    • 1982 Lane County Bar Association
    • 1982 Oregon State Bar
  Course Price:
$19.99
 
 

Foreign Financial Accounts

View Course Details

Foreign Financial Accounts Details


Price:
$19.99

Course Description

The government crackdown on foreign accounts over the past several years has created uncertainty about taxation and compliance. This program sheds some lights on the topic. It provides an overview of foreign financial accounts, private banking in Switzerland, investments, asset protection, client responsibilities, and FATCA, (the Foreign Account Tax Compliance Act). It presents a thorough discussion of tax reporting and compliance, penalties for non-disclosure, and options available for remedying non-compliance. In addition, the presenters discuss tax preparation for foreign transactions, distinguishing between U.S. and non-U.S. persons for tax purposes, Nexus, disclosure and more.

Course Agenda

Private Banking in Switzerland
  • Why Switzerland?
  • Swiss Vital Statistics
  • What is a Private Bank?
  • Diversification: Investments, Currency and Jurisdiction
  • Portfolios
  • Bank Compliance
Compliance with FBAR Filing Requirements & Government Enforcement of Offshore Compliance
  • Reporting Requirements Related to Offshore Accounts and Assets
  • Foreign Bank Account (FBAR) Reporting
  • FBAR Filing Requirements
  • Other International Reporting Requirements
  • Criminal and Civil Penalties ? FBAR Violations
  • Willful or Non-Willful Penalty?
  • Maximum Amount of FBAR Willful Penalty
  • Non-Willful Penalty
  • Recent Developments in Offshore Tax Enforcement
  • Undisclosed Foreign Accounts ? What to Do?
  • Voluntary Disclosure Resolution Framework
  • Streamlined Filing Compliance Procedures
  • Delinquent FBAR Procedures and Delinquent International Information Return Submission Procedures
  • Alternatives for Voluntary Disclosure
  • Audit and Litigation
Compliance in Cross Border Foreign Direct Investing
  • US Persons Defined
  • Reporting Primary Tax Filings
  • Foreign Tax Credit Form 1118 & 1116
  • Reporting Foreign Activity
  • GILTI
  • Disclosures

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
GA - Self Study: 1.0 Credits
IL - General: 1.0 Credits
IN - Distance Education: 1.0 Credits
NH - General: 1.0 Credits
NJ - General: 1.3 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
TX - General: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

Freedom of Information Act: 2021 Update

View Course Details

Freedom of Information Act: 2021 Update Details


Price:
$29.99

Course Description

Presentation Goals: To help attorneys - in all fields of practice - learn how to more successfully navigate the FOIA process to better support their clients

Course Agenda

  • The phases/steps of the FOIA process
  • Background and Purpose of FOIA
  • Practical tips to increase the success of a FOIA request
  • Provide practical tips for the administrative appeal and judicial review phases
  • Increase the likelihood of a reasonable attorneys? fees shift award

Course Credit per State


CA - General: 2.0 Credits
CT - General: 2.5 Credits
FL - General: 2.0 Credits
NY - General: 2.5 Credits
VA - General: 2.0 Credits

Course Presenter(s)

Pete Sorenson

With more than 30 years as an attorney, lawyer and advocate, I am licensed to practice law in the District of Columbia and the State of Oregon. I specialize in the Freedom of Information Act (FOIA) law and help journalists, authors, nonprofits, for profit businesses, and others to access federal government records. I assist clients with FOIA Requests, Administrative Appeals, Judicial Reviews and FOIA litigation. In addition to assisting clients, I speak and lecture on FOIA, most recently at the Appalachian Public Interest Environmental Law (APIEL) Conference in Tennessee, University of Georgia School of Law, and at University of Tennessee College of Law.

Public and civic service is a cornerstone, with earlier careers working for a member of Congress and as Special Assistant to the Secretary of Agriculture. I am currently serving my 24th year as an elected Commissioner on the Lane County Board of Commissioners in Eugene, Oregon. Prior to that, I served in the Oregon State Senate. My political and civic experience adds a depth and understanding to my FOIA work that is unique among lawyers.

RECENT FOIA CASES: (2016 ? Present)
  • Food and Drug Administration: assisted journalist in obtaining the calendar of a crucial FDA official
  • Central Intelligence Agency: obtained records for a journalist writing on the activities of a prominent CIA official, used in questioning President's nominee for CIA Director
  • Environmental Protection Agency: made request for client; assisted company in obtaining a report of a competitor's product performance
  • Central Intelligence Agency: made request, filed administrative appeal and judicial review; assisted in obtaining records of a client's father's service in the CIA
  • Bureau of Land Management: on behalf of a nonprofit organization, filed judicial review, obtained records and then obtained significant judgment for attorneys' fees for that work
  • Agricultural Marketing Service: filed judicial review; assisted nonprofit organization in obtaining records and then obtained judgment for attorneys' fees for that work February 6, 2020

Federal Bureau of Investigation: filed request and administrative appeal on behalf of an individual seeking DNA evidence in criminal matter; obtained records; matter pending Centers for Medicare and Medicaid Services: assisting client in obtaining records held by CMS (in progress) Environmental Protection Agency: filed judicial review, obtained records, and obtained settlement of attorneys' fees for engineering firm needing data and reports

CURRENT WORK:
  • 1997 ? Present Elected County Commissioner, Lane County Board, Eugene, Oregon
  • 1982 ? Present Attorney and Owner, Sorenson Law Office, Eugene, Oregon
PAST EXPERIENCE:
  • 2005 ? 2006 Adjunct Professor, School of Law, University of Oregon
  • 1993 ? 1997 Oregon State Senator (Member of Judiciary Committee), Salem, Oregon
  • 1984 ? 1985 Visiting Professor, Department of Geography, University of Oregon
  • 1983 ? 1984 Instructor, Dept. of Planning, Public Policy and Management, University of Oregon
  • 1981 ? 1982 Volunteer Prosecutor, Lane County District Attorney's Office, Eugene, Oregon
  • 1979 ? 1982 Law Clerk, Dwyer Simpson and Wold, Attorneys, Eugene, Oregon
  • 1977 ? 1979 Special Assistant, Office of the Secretary of Agriculture, Washington, DC
  • 1974 ? 1977 Legislative Assistant, Congressman Jim Weaver (Oregon), Washington, DC
EDUCATION:
  • 1996 ? Certificate of Completion, Program for America's Emerging Political Leaders, Darden School, University of Virginia, Charlottesville, Virginia
  • 1982 ? J.D. University of Oregon School of Law, Eugene, Oregon
  • 1979 ? M.A. University of Oregon Geography Department, Eugene, Oregon
  • 1973 ? B.A. University of Oregon Geography Department, Eugene, Oregon
  • 1972 ? A.A. Southwestern Oregon Community College, Coos Bay, Oregon
BAR MEMBERSHIPS:
  • 1994 United States District Court for the District of Columbia
  • 1993 United States Court of Appeals for the District of Columbia Circuit
  • 1993 District of Columbia Court of Appeals
  • 1991 Supreme Court of the United States of America
  • 1984 United States Court of Appeals for the Ninth Circuit
  • 1983 United States District Court for the District of Oregon
  • 1982 Lane County Bar Association
  • 1982 Oregon State Bar
  Course Price:
$29.99
 
 

Google LLC v. Oracle America Inc.

View Course Details

Google LLC v. Oracle America Inc. Details


Price:
$29.99

Course Description

One of the most important copyright and fair use cases of our time has been Google LLC v. Oracle America, Inc. This case has worked its way through many levels of courts while examining two key concepts: Are Application Programming Interfaces copyrightable and if they are, is copying them fair use? This course looks at these two concepts in detail and provides arguments from Oracle's and Google's advocates on both key topics.

Course Agenda

  • Background and Technical Context
  • Two important issues
  • Arguments that APIs are copyrightable
  • Arguments that APIs are not copyrightable
  • Fair Use Doctrine
  • Arguments that Android using the API was fair use
  • Arguments that Android using the API was not fair use

Course Credit per State


AZ - General: 2.0 Credits
CA - General: 1.5 Credits
CT - General: 2.0 Credits
FL - General: 2.0 Credits
GA - Self Study: 1.5 Credits
IL - General: 1.5 Credits
MT - Self Study: 1.75 Credits
NY - General: 2.0 Credits
TX - General: 1.75 Credits
VA - General: 1.5 Credits

Course Presenter(s)

Michael Carroll
Michael W. Carroll is a Professor of Law and Director of the Program on Information Justice and Intellectual Property at American University's Washington College of Law.[1][2] Carroll is one of the founding Board Members of Creative Commons, a not-for-profit organization devoted to expanding the range of creative work available for others to legally build upon and share.[1] He also is a member of the Board of Directors of the Public Library of Science PLOS and served on the National Academy of Sciences' Board on Research Data and Information from 2008 to 2013.
  Course Price:
$29.99
 
 

Got a Handle on Employee Leaves of Absence

View Course Details

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


AZ - General: 1.0 Credits
CO - General: 1.32 Credits
CT - General: 1.0 Credits
NY - 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
  Course Price:
$19.99
 
 

How the Third-Party Doctrine Affects Law Enforcement, Technology Company Practices, and Data Privacy Expectations

View Course Details

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
CA - General: 1.5 Credits
CT - General: 1.5 Credits
FL - Technology: 1.5 Credits
ND - Self Study: 1.5 Credits
NV - General: 1.5 Credits
NY - General: 1.5 Credits
PA - Distance Learning: 1.5 Credits

Course Presenter(s)

  Course Price:
$24.99
 
 

How to Protect Your Clients Interests when Dealing with the Media

View Course Details

How to Protect Your Clients Interests when Dealing with the Media Details


Price:
$19.9899997711182

Course Description

This lively program is invaluable to attorneys, synthesizing the speakers years of experience in Legal-Media issues. Topics addressed include how to maximize or minimize media coverage and enhance your clients interests. Obvious tactics are covered as well as more surprising and unique methods and the ground rules for dealing with reporters and cultivating reporter relations. In addition, this program discusses public relations strategies, issues management, damage control, how to gain coverage for law firms or clients, how to effectively utilize a PR firm and how to get stories to the places you want.

Course Agenda

The Ground Rules "Monicas Miranda Rights" for sources. The right to remain silent. On the record (caveat emptor). Not for attribution (negotiation is the name of the game). Background (judicial notice). Off the record (opportunities and pitfalls). Reporter Relations 101 What is the reporters motivation? Credibility. Assume no agenda. Know the reporters enemies: the clock and editors. Newsroom operations 101. Accessibility: your key to becoming a usual suspect. Return phone calls immediately. The Fine and Brief Art of News-Speak Speaking in sound bites: the BOG exception that proves the rule. Tricks of the trade #1: effective use of legalese to avoid quotation. Advanced Reporter Relationships The green reporter. The arrogant reporter. The harried reporter. The reporter with a faulty (you think) premise. How to completely alienate yourself with reporters and get a reputation as a "media hog." Public Relations Building long term relationships. Issues management for law firms and client: crisis planning and damage control. Gaining Coverage Keep updated media kits available. Breaking stories. Press releases. Use of Web sites. The Role of the PR Firm Getting stories placed. Know the publication. Contribute well-written articles.

Course Credit per State


CA - General: 1.0 Credits
CT - General: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits

Course Presenter(s)

Monica Bay

Editor-in-Chief, LawTechnologyNews, Incisive Media, New York, NY. Monica Bay has worked in print and broadcast journalism for more than 25 years, specializing in legal affairs and the arts. Based in New York City, she is Editor-in-Chief of American Lawyer Media's Law Technology News, the legal profession's largest tech publication, and Law Firm Inc., a new quarterly magazine that targets executives at mid-sized and large firms.

A member of the California Bar, she is former Senior Editor of The Recorder newspaper and Counsel Connect online service. Ms. Bay has edited four books, including three guides to the California judiciary, and The Price of Harassment: Rena Weeks v. Baker and McKenzie.

  Course Price:
$19.9899997711182
 
 

How to Understand and Properly Value Client Assets

View Course Details

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
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
ME - Self Study: 1.0 Credits
ND - Self Study: 1.0 Credits
NJ - General: 1.2 Credits
NY - General: 1.0 Credits

Course Presenter(s)

  Course Price:
$19.99
 
 

Independent Contractor Compliance

View Course Details

Independent Contractor Compliance Details


Price:
$19.99

Course Description

Thomas A. Lenz and Cindy S. Arellano, Partners at Atkinson, Andelson, Loya, Ruud & Romo, discuss the factors which may give rise to "Misclassification" of workers by businesses. Are workers employees, or are they independent contractors, and how should businesses make these determinations? What are the possible consequences of misclassification? What are the new developments, trends and cases in this legal arena? The presenters discuss the benefits and risks of Independent Contractor status, triggers for misclassification audits, how to determine if a worker is properly classified and IRS criteria in classification matters. They offer valuable tips and a comprehensive review on how to conduct a best practices review of current employee classification systems and independent contractor relationships and review the new cases and laws in which these issues continue to be addressed.

Course Agenda

  • "Misclassification" - What Is It?
  • What's New with Classification Issues?
  • Benefits of Independent Contractor Status
  • Benefits of Using Independent Contractors
  • Risks
  • Common Triggers for Misclassification Audit
  • Overview of Classification Standards
  • How Do I Know If a Worker is Properly Classified?
  • Determinations/Rulings
  • Overview of IRS Criteria
  • Rulings/Risks/Pitfalls
  • IRS - Section 530 Relief (Safe Harbor)
  • Independent Contractor vs. Employee Factors

Course Credit per State


AK - Voluntary: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CO - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
MO - Self Study: 1.0 Credits
MT - Self Study: 1.0 Credits
ND - Self Study: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits

Course Presenter(s)

Thomas A. Lenz
Experience

Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.

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.

Cindy Strom Arellano
Experience

Cindy Strom Arellano, head of the business and tax team, is a senior partner in the Cerritos office. Ms. Arellano?s practice focuses on employee benefits and executive compensation, qualified and nonqualified deferred compensation and retirement plans, health and welfare benefit plans, ERISA, tax audits and other tax controversy matters, and MBE/WBE/DBE certification. She also works with nonprofits, including educational foundations, auxiliary organizations, charitable organizations, and trade associations, and represents clients in general corporate transactional matters, business formations, compensation structuring, and mergers and acquisitions. Ms. Arellano regularly assists clients with drafting and reviewing executive and deferred compensation plans and agreements and advises both public and private sector clients on a variety of issues relating to 401(k), 403(b), 457 and other deferred compensation/retirement plans. She also assists clients with controlled group issues and with correcting qualified plan errors through IRS and DOL compliance programs. In addition, Ms. Arellano has considerable experience counseling clients with respect to their health and welfare benefit plans, Section 125 cafeteria plans, GASB 43 and 45 plans, voluntary disability plans, fringe benefit arrangements, and COBRA issues arising in mergers, acquisitions and/or restructuring of businesses. Ms. Arellano has represented numerous clients in the trucking, construction, entertainment, and other industries in connection with tax audits and controversies with the Employment Development Department (EDD), Internal Revenue Service (IRS), Franchise Tax Board (FTB) and State Board of Equalization (SBE). Audits and tax controversies handled by Ms. Arellano have covered a multitude of issues, including worker misclassification, sales, income and employment tax disputes and trust fund recovery penalty assessments. Ms. Arellano has successfully appealed many tax assessments, and has negotiated many favorable alternate payment arrangements and settlements of disputed tax liabilities on behalf of clients who are in collections, under audit, or who have a pending appeal of an assessment by the IRS, EDD, SBE and/or FTB.

Education

Ms. Arellano received a Bachelor of Arts degree in psychology from the University of Central Florida and her Juris Doctor, with distinction, from the University of Nebraska at Lincoln, where she was a member of the Order of the Coif. While at the University of Nebraska, Ms. Arellano served as a staff member of the Nebraska Law Review. Ms. Arellano received her LL.M. in taxation from the University of San Diego.

  Course Price:
$19.99
 
 

International Income and Estate Tax Planning

View Course Details

International Income and Estate Tax Planning Details


Price:
$19.99

Course Description

Manya Deva Natan and Jacob Stein discuss international estate planning and income tax planning for non-resident aliens.

Course Agenda

  • What structures can NRAs use to navigate around the low exclusion amount and why it pays to plan
  • The dream inheritance ? U.S. citizen/resident heirs of NRAs
  • Discussion of case studies from real-life
  • Avoiding or minimizing withholding on US income
  • FIRPTA, portfolio income loans, branch profits tax
  • Optimal structures for NRA investment in the US

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
GA - Self Study: 1.0 Credits
NH - General: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

Law Office Security

View Course Details

Law Office Security Details


Price:
$19.99

Course Description

Another day, another data breach. Data breaches have proliferated with amazing speed. Don't be lulled into thinking that law firms (large and small) aren't being attacked by hackers or suffering actual data breaches. With lawyers and law firms, however, who are constantly entrusted with highly sensitive information about their clients as a course of business, the need for effective data security is of even more critical importance. This course helps lawyers and law firms of today ensure that their clients' confidential data and intellectual property are secure.

Course Agenda

  • Law Firm Data Security: Experts On How To Protect Legal Clients' Confidential Data
  • The "abysmal" state of law firm security
  • ABA - ETHICS
  • ISO 27001 - SECURITY STANDARDS
  • ISO 27001 & SSAE 16 certification published by the International Organization for Standardization (ISO) and the International Electro-technical Commission (IEC).
  • Reasonableness - LEGAL DUTY
  • Ethical issues of lawyers using the cloud
  • GDPR -EU General Data Protection Regulation 
  • ABA Preventing Law Firm Data Breaches
  • Top Practical Security Tips
  • FTC RECOMMENDATIONS
  • Data Minimization
  • Vendors
  • Document Destruction
  • Network Safeguards

Course Credit per State


AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - Technology: 1.0 Credits
NY - General: 1.0 Credits

Course Presenter(s)

Albert Barsocchini
ALBERT BARSOCCHINI, Esq. is an internationally recognized expert and thought leader in discovery, information governance and digital investigations. He is a past chair of the California State Bar's Law Practice Management & Technology Section. Mr. Barsocchini has over ten years of experience as a first-chair trial attorney and is a California State Bar Special Master and Certified E-discovery Specialist. He is currently Director of Strategic Consulting and Client Advisory Service at NightOwl Discovery.
  Course Price:
$19.99
 
 

Leak-Driven Law

View Course Details

Leak-Driven Law Details


Price:
$24.99

Course Description

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.

Course Agenda

INTRODUCTION THE EMERGENCE OF TAX LEAKS
  • Understanding the Emergence of Tax Leaks
  • Seven Significant Leaks
  • Some Initial Observations
THE BENEFITS AND RISKS OF TAX LEAKS
  • Cross-Border Tax Administration and Enforcement
  • The Benefits of Leaked Information
  • The Distinctive Risks of Tax Leaks
LEAK-DRIVEN LAWMAKING IN THE REAL WORLD
  • Agenda Setters
  • The Messy Transmission of Leaked Data
  • Leak-Driven Laws
LAW, AFTER THE LEAK
  • Suggestions for Optimal Leak-Driven Lawmaking
  • The Road Ahead: Three Open Questions

Course Credit per State


AK - Voluntary: 1.5 Credits
CA - General: 1.5 Credits
CT - General: 1.5 Credits
FL - Technology: 1.5 Credits
IN - Distance Education: 1.6 Credits
ND - Self Study: 1.5 Credits
NV - General: 1.5 Credits
NY - General: 1.5 Credits
PA - Distance Learning: 1.5 Credits

Course Presenter(s)

  Course Price:
$24.99
 
 

Managing Data Privacy Risk for Life Science Companies

View Course Details

Managing Data Privacy Risk for Life Science Companies Details


Price:
$19.99

Course Description

Course Agenda

Topics for Discussion
  • How and when HIPAA applies to Life Sciences Companies
  • Examples of current government agency enforcement of HIPAA and other privacy statutes that apply to life sciences
  • Safely and legally conducting data transfers from the EU to the U.S using the health data exception
  • The new EU General Data Protection Regulation (GDPR) and its impact on life sciences companies
  • Cybersecurity and the board of directors: fiduciary duties and governance

Course Credit per State


AK - Voluntary: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - Technology: 1.0 Credits
ND - Self Study: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 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.

  Course Price:
$19.99
 
 

Managing Sexual Harassment Investigations and Employee Training Obligations

View Course Details

Managing Sexual Harassment Investigations and Employee Training Obligations Details


Price:
$19.99

Course Description

California law has taken a leading role in requiring proactive steps to prevent workplace harassment and bullying. This session covers the latest rule changes, which impact small business, including law firms, more than ever before in terms of workplace training obligations as well as the need to put message into action by investigating issues of harassment and abusive conduct in the workplace. With a 2020 deadline approaching for expanded workplace training requirements, and at a time when the number of harassment and bullying claims continues to increase, the need to stay in compliance warrants everyone's attention.

Course Agenda

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
GA - Self Study: 1.0 Credits
NH - General: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits
TX - General: 1.0 Credits

Course Presenter(s)

Thomas A. Lenz
Experience

Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.

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
 
 

Mindfulness and Elimination of Bias for Attorneys

View Course Details

Mindfulness and Elimination of Bias for Attorneys Details


Price:
$19.99

Course Description

This course provides takes a look at the concept of Implicit bias and explores its implications in the law profession. It then looks at the practice of mindfulness and how it can be a useful tool to avoid the negative consequences of Implicit Bias. Mr. Smith shares his own experience as a lawyer and how mindfulness was usefulness in overcoming biases in his law practice.

Course Agenda

  • Defining Implicit Bias
  • Implicit Bias in the Law Profession
  • Defining Mindfulness
  • Brain States and Mindfulness
  • Mindfulness Practice
  • Example of Mindfulness working against Racism
  • Practical Examples of Mindfulness Practice in the context of Law Practice

Course Credit per State


AZ - General: 1.0 Credits
CA - Elimination of Bias: 1.0 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
NH - General: 1.0 Credits
NJ - Diversity Inclusion Elimination of Bias: 1.2 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
SC - General: 1.03 Credits
TX - General: 1.0 Credits

Course Presenter(s)

Lawrence M. Smith
Lawrence M Smith, Esq. received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Smith is currently working in private practice and resides in Sacramento, California and specializes in Consumer Collections and has over 25 years of experience in this field.
  Course Price:
$19.99
 
 

Music Copyright: the 2x6 Workshop

View Course Details

Music Copyright: the 2x6 Workshop Details


Price:
$29.99

Course Description

San Francisco Bay Area based Entertainment Law attorney Mark A. Pearson of ARC Law Group discusses the fundamentals of copyright in the music industry, focusing on the foundation of "two copyrights and six royalty streams." Mark breaks down how to protect written and recorded music and provides insights into how each is monetized. Topics include an overview of U.S. Copyright Law, protection of copyright rights, how to effectively work with producers/songwriters, performing rights societies, and licensing. He also discusses streaming royalties and changes under the Music Modernization Act. This program is designed to help attorneys who may already represent artists and other industry professionals, or who may have the opportunity to do so, understand the basics of music copyright and the implications of new content-delivery technologies.

Course Agenda

  • Two Music Copyrights
  • Six Revenue Streams
  • Composition
  • Sound Recording
  • Copyright Duration
  • Copyright Registration
  • Music Copyright - 2x6
  • Music Streaming

Course Credit per State


AK - Voluntary: 2.0 Credits
AZ - General: 2.0 Credits
CA - General: 1.5 Credits
CT - General: 1.5 Credits
FL - General: 2.0 Credits
GA - Self Study: 1.5 Credits
IL - General: 1.5 Credits
IN - Distance Education: 1.7 Credits
ME - Self Study: 1.66 Credits
MO - Self Study: 2.0 Credits
MT - Self Study: 1.5 Credits
NH - General: 2.0 Credits
NJ - General: 2.0 Credits
NV - General: 1.5 Credits
NY - General: 2.0 Credits
PA - Distance Learning: 1.5 Credits
SC - General: 1.68 Credits
TX - General: 1.75 Credits

Course Presenter(s)

Mark A. Pearson
Mark A. Pearson is the principal counsel at ARC Law Group, a law firm focused on advising Creative, Talented and Entrepreneurial clients in the areas of business, entertainment, sports and technology law. Following his career as an award-winning television producer, Mark spent the past decade advising some of the hardest working acts in the music biz, including international touring artists Con Brio, Front Country and DJ Mark Farina, as well as, up and coming acts such as Barrio Manouche and Ellise. In addition to his work in the music industry, Mark served as production counsel for Academy Award nominee, Borrowed Time and was recently awarded the Governor's Citation Medallion for his service to the National Academy of Television Arts & Sciences (Emmy® Award). Based in the San Francisco Bay Area, but with clients in Los Angeles, Chicago, New York and Nashville, Mark also advises leading entertainment-technology disruptors like TuneGo, Caffeine and Fandor.
  Course Price:
$29.99
 
 

NLRB-Labor Law Update

View Course Details

NLRB-Labor Law Update Details


Price:
$19.99

Course Description

Changes in the composition of the National Labor Relations Board have led to changes in workplace law. The scope of employees? protected activity as well as employers? rights to set policy and to manage the workforce are in flux. More change is anticipated as the NLRB looks at setting new standards for union organizing, workplace access of union representatives, use of electronic communications, and the scope of protected employee dissent. In case rulings, guidance memos, and proposed regulations, this is a time of change labor and employment law practitioners need to follow.

Course Agenda

  • The National Labor Relations Act vests employees with rights under Section 7 to engage in activities relating to unions, mutual aid and protection on wages, hours, and terms and conditions of employment, or to refrain from such activity.
  • The NLRB has two principal functions pursuant to the NLRA:
  • enforcing laws to ensure that workers may freely exercise their rights under Section 7 of the National Labor Relations Act (the Act) without any interference from employers or unions, and
  • holding secret ballot elections at which workers can choose whether to have a union represent them.

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
CT - General: 1.0 Credits
FL - General: 1.0 Credits
GA - Self Study: 1.0 Credits
IL - General: 1.0 Credits
IN - Distance Education: 1.1 Credits
MO - Self Study: 1.3 Credits
MT - Self Study: 1.0 Credits
NH - General: 1.0 Credits
NJ - General: 1.3 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
SC - General: 1.11 Credits
TX - General: 1.0 Credits
UT - Self Study: 1.0 Credits

Course Presenter(s)

Thomas A. Lenz
Experience

Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.

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
 
 

Patent Law Basics

View Course Details

Patent Law Basics Details


Price:
$19.99

Course Description

This course is designed to provide information for all attorneys with a general interest in Patent Law as well as those with clients who may have an idea with patent implications which they might like to explore. Although many areas of Patent Law do not often change, with advances in technology, medicine and other areas, along with general updates in rules and regulations specific to Patent Law Practice, this program addresses developments in those areas. Patent Law is a dynamic practice area and Mr. Nielsen's program discusses basic issues and concepts in an easy to understand and enjoyable fashion

Course Agenda

Goals of This Presentation Understand: 1. What is a patent? 2. What might be patentable in 2021? 3. Important deadlines 4. What patent work you may perform? 5. What patent work (or patent punishment) is reserved for registered patent attorneys?

Course Credit per State


CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
NY - General: 1.0 Credits
TX - General: 1.0 Credits
VA - General: 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.
  Course Price:
$19.99
 
 

Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know About Privacy Law

View Course Details

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


CO - General: 1.2 Credits
CT - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 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
 
 

Public Health Data and the Law

View Course Details

Public Health Data and the Law Details


Price:
$19.99

Course Description

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
  • Data Use Agreements

Course Credit per State


AK - Voluntary: 1.0 Credits
AL - On-Demand: 1.3 Credits
AZ - General: 1.25 Credits
CA - General: 1.25 Credits
CT - General: 1.3 Credits
IN - Distance Education: 1.3 Credits
ME - Self Study: 1.25 Credits
ND - Self Study: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits

Course Presenter(s)

  Course Price:
$19.99
 
 

Security and Confidentiality for Providing Legal Services Remotely

View Course Details

Security and Confidentiality for Providing Legal Services Remotely Details


Price:
$19.99

Course Description

For lawyers, securing client information is of paramount importance and there can be severe risks that come from not doing so. However, most law firms are not adequately prepared in terms of cybersecurity because they do not invest in the tools necessary to prevent the inadvertent disclosure of, or unauthorized access to, client data. Failure to do so can be devastating for any law firm and the shift to working remotely due to COVID-19 has exacerbated the probability of these problems occurring. This program aims to elucidate the importance of cybersecurity for attorneys who are providing legal services from home and how to protect that legal data from potential cyberattacks.

Course Agenda

  • Why Cybersecurity?
  • Lawyer's Reasons for Cybersecurity
  • Model Rules of Professional Conduct
  • ABA Formal Opinion 477
  • Lawyers? Legal Obligations
  • Client Business Areas
  • Top Security Risks for Law Firms
  • Internal vs. External Risk
  • Cybersecurity Preparedness in Law Firms
  • How to Eliminate High Cyber Risk Vector
  • Cybersecurity Safeguards
  • Cybersecurity Habits
  • Vendor Review - ABA Formal Opinion 08-451
  • Secure Data
  • Use Passwords Intelligently
  • Make it Hard to Unlock with 2FA
  • Use Secure Communication Channels
  • Backups
  • How to Recover from a Cyber Incident
  • ABA Formal Opinion 483
  • Cybersecurity Insurance
  • Virtual-lawyering Risks
  • CLSMF Experience
  • Initial Considerations for Success
  • What Helps
  • Control #1: Inventory & Control Hardware Assets
  • Control #2: Inventory & Control Software Assets
  • Top Threats in 2020
  • Top Mitigations to Implement in 2020

Course Credit per State


AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - Technology: 1.0 Credits
IL - General: 1.0 Credits
NY - General: 1.0 Credits
TX - General: 1.0 Credits
VA - General: 1.0 Credits

Course Presenter(s)

Joshua Lenon
Joshua Lenon is an attorney admitted to the New York Bar. He studied law at St. Louis University School of Law, obtaining a J.D. degree and a certificate in international and comparative law. During this time, Joshua clerked for the Missouri Attorney General, helping prosecute discrimination claims on behalf of Missouri citizens. He also studied European union law at the University of Georgia School of Law's Brussels Legal Seminar. Joshua has since helped legal practitioners improve their services, working for Thomson Reuters' publishing departments in both the United States and Canada. He currently serves as lawyer-in-residence for Clio, providing legal scholarship and research skills to the leading cloud-based practice management platform.
  Course Price:
$19.99
 
 

Sexual Harassment, Attorneys and Social Media

View Course Details

Sexual Harassment, Attorneys and Social Media Details


Price:
$19.99

Course Description

Recent events show that the issue of sexual harassment in all areas, specifically the legal field, needs to be addressed. This discussion addresses the costs of sexual harassment, how the growth of social media can create harmful sexual harassment situations and how attorneys can utilize social media to help fight it.

Course Agenda

  • Sexual Harassment: The Numbers
  • The Costs of Harassment
  • ABA Rule 8.4 (g)
  • Social Media makes it easier to harass
  • Yik Yak: A Social Media Harassment Case Study
  • What can be done?
  • Can Social Media Help?

Course Credit per State


AK - Voluntary: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
IL - General: 1.0 Credits
MS - General: 1.0 Credits
NC - General: 1.0 Credits
NJ - General: 1.3 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
OK - Legal Ethics: 1.0 Credits
TN - General: 1.0 Credits
TX - General: 1.0 Credits
UT - Self Study: 1.0 Credits
VA - General: 1.0 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:
$19.99
 
 

Sophisticated Planning for High Net Worth Individuals

View Course Details

Sophisticated Planning for High Net Worth Individuals Details


Price:
$19.99

Course Description

Transactions and Asset Protection, discusses trends and developments in a number of important areas. He reviews in detail how the drafting of irrevocable trusts has changed over the last 10 years and how to best structure these instruments to allow for greater flexibility through the use of a "trust protector." He discusses how irrevocable trusts can be used to protect assets, to provide privacy for assets, to enhance tax planning and their use in offshore planning. He describes the use of LLCs and which states may be the most advantageous for LLC/trust formation. He discusses specific trust provisions, asset protection with both domestic and foreign trusts, and which types of trusts may be most useful for assets which may be expected to appreciate in value, like start-ups. Additional topics include international tax planning, structuring foreign investment in the U.S., pre-immigration tax planning, and which offshore jurisdictions may be favored.

Course Agenda

  • Structuring Irrevocable Trusts
  • Asset Protection
  • Asset Protection with Trusts
  • Asset Protection with Domestic Trusts
  • Asset Protection with Foreign Trusts
  • Foreign Trusts - Tax Treatment and Reporting
  • Defective Grantor Trusts
  • SCINs
  • GRATs
  • Income Tax Planning with DINGs
  • Monetized Installment Sale
  • Foreign Investment - FDAP and Capital Gains
  • Foreign Investment - Effectively Connected Income
  • Foreign Investment - Branch Profits Tax
  • Foreign Investment: FIRPTA
  • Foreign Investment: FIRPTA
  • Pre-Immigration Tax Planning

Course Credit per State


AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - Technology: 1.0 Credits
IL - General: 1.0 Credits
IN - Distance Education: 1.0 Credits
KY - General: 1.0 Credits
MO - Self Study: 1.0 Credits
MS - General: 1.1 Credits
MT - Self Study: 1.0 Credits
NH - General: 1.0 Credits
NJ - General: 1.3 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
SC - General: 1.08 Credits
TX - General: 1.0 Credits
UT - Self Study: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

Structuring Foreign Investments

View Course Details

Structuring Foreign Investments Details


Price:
$19.99

Course Description

Structuring foreign investment in the U.S. is a hot topic. With lots of money pouring into the U.S. from the BRIC countries a lot of practitioners find themselves representing foreign clients. Representing such clients requires an understanding of U.S. taxation of foreigners and choice of entity. The discussion of U.S. taxation of foreign investment in the U.S. will provide an overview of effectively connected income, FDAP withholding, FIRPTA withholding, treaty application, branch profits tax and residence tests. Particular attention will be devoted to appropriate entity structures, including onshore-offshore hybrid structures.

Course Agenda

  • Structuring U.S. Inbound Investments
  • Inbound Taxation Investment Structures for Foreign Investors
  • Direct investment
  • LLC or LP
  • Domestic corporation
  • Foreign corporation
  • Foreign corporation - domestic corporation (or U.S. LLC taxed as a corporation
  • Income Taxation of Inbound Investments
  • Residence for income tax purposes
  • Nonresident alien vs U.S. tax resident
  • U.S. tax residence is determined based on physical presence in the U.S. or immigration status as a green-card holder
  • Individuals who are U.S. tax residents are taxed on their worldwide income
  • NRAs and foreign corporations taxed on investment income from U.S. sources and income from a U.S. trade or business
  • Domestic corporations are taxed on a new quasi-territorial tax system
  • Inbound Taxation NRA Tax Rules
  • Withholding tax on passive income (FDAP)
  • Ordinary taxation of business income (ECI)
  • Capital gains, bank interest, portfolio interest
  • Foreign Investment in Real Property Tax Act of 1980 (FIRPTA)
  • Branch profits tax

Course Credit per State


AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
IL - General: 1.0 Credits
IN - Distance Education: 1.0 Credits
NY - General: 1.0 Credits
TX - General: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

Taking Depositions in the New Virtual Era

View Course Details

Taking Depositions in the New Virtual Era Details


Price:
$19.99

Course Description

The Coronavirus epidemic has been wildly disruptive to many aspects of our lives and professions and conduction depositions is no exception. Virtual depositions are now standard and routine and are likely to remain ubiquitous even once the epidemic has abated. In this course we look at depositions generally from an overview perspective and then examine both the advantages and disadvantages of virtual definitions. Some important case law examples are explored and then we conclude with some practical considerations when conducting virtual depositions.

Course Agenda

  • High Level Overview
  • Case Law
  • Virtual Deposition Mechanics
  • Advantages of Virtual Depositions
  • Disadvantages of Virtual Depositions
  • Practical Considerations of Virtual Depositions

Course Credit per State


AZ - General: 1.25 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - Technology: 1.0 Credits
IL - General: 1.25 Credits
NY - General: 1.0 Credits
TX - General: 1.25 Credits
VA - General: 1.0 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
 
 

The Ethics of Aging Clients

View Course Details

The Ethics of Aging Clients Details


Price:
$19.99

Course Description

Learning Objectives After this course, attendees will be able to
  • Describe the reasons for concern over the issue of diminished capacity in older clients
  • Understand the differences among testamentary, contractual and financial capacity for decision making in their clients
  • Identify the nine domains of financial capacity
  • Describe criteria for a lawyer to use in assessing a client's capacity for decisions
  • State generally how to assess an aging client's basic abilities that demonstrate capacity for decisions
  • Identify alternatives to guardianship or conservatorship for clients as the least restrictive choices
  • Understand the lawyer's role in financial elder abuse prevention and ethical choices in whether to report abuse
  • Consider options when using mediation of elder related issues.

Course Agenda

1. Introduction- why are we talking about this? 2. Ethical concerns with older clients, the risks to lawyers 3. The continuum of decisional capacity
  • Testamentary
  • Contractual
  • Financial
4. The Complexities of Financial Capacity
  • Nine domains or areas needed to have capacity
5. How do you determine a client's capacity?
  • Criteria every lawyer should use
6. The impaired client
  • Using surrogates
  • Considerations
  • Reasoning, appreciation, consistency
7. Least restrictive alternatives for your client 8. Ethical choices when a client is impaired
  • Dangers for the client with your choices
9. Financial elder abuse
  • Extent of the problem
  • The lawyer's role in prevention
  • Report abuse or not?
10. Ethical concerns in mediation of elder-related issues
  • Illustration
11. Summary

Course Credit per State


CT - Ethics: 1.0 Credits
ME - Professional Responsibility: 1.0 Credits
NY - Ethics: 1.0 Credits
PA - Ethics: 1.0 Credits
WA - Ethics: 1.0 Credits
WV - Ethics: 1.22 Credits

Course Presenter(s)

Carolyn Rosenblatt

Carolyn Rosenblatt is an attorney and mediator with over 45 years of experience in her combined professions. Together with her co-presenter and husband, geriatric psychologist Dr. Mikol Davis, she founded AgingParents.com, a resource for families, and AgingInvestor.com offering training about aging issues for professionals. She is a consultant in aging and mediator and has been quoted in the Wall Street Journal, the New York Times, Reuters, NextAvenue, Bankrate, ThinkAdvisor, Financial Planning, AARP, the National Safety Council journal and many other sources. Ms. Rosenblatt blogs at Aging Parents on Forbes.com. She is the author of The Family Guide to Aging Parents, ABA's Working with Aging Clients: A Guide for Lawyers, Business and Financial Professionals and Succeed With Senior Clients, A Financial Advisor's Guide to Best Practices. For more information, visit www.agingparents.com and http://www.aginginvestor.com.

Dr. Mikol Davis

Dr. Mikol Davis has over 40 years of clinical experience in mental health. He frequently assesses capacity for decision making in aging adults. He continues to provide direct mental health services. Dr. Davis creates many online courses and products to assist with understanding aging issues and has extensive experience in treating anxiety and depression for persons of all ages. He has a special focus on geriatrics. He is a mediator of family conflicts with issues about elders. He volunteers as a settlement panelist for Marin County Courts in high conflict family matters. Dr. Davis and his co-presenter Ms. Rosenblatt, share a passion for elder abuse prevention. He co-authored Succeed With Senior Clients, A Financial Advisor's Guide to Best Practices He and Ms. Rosenblatt have been married for 34 years. For more information, visit www.agingparents.com and http://www.aginginvestor.com.

  Course Price:
$19.99
 
 

The Five Fundamentals of Federal Employment Law

View Course Details

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


    CT - General: 1.25 Credits
    NY - General: 1.5 Credits
    PA - Distance Learning: 1.5 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.

  Course Price:
$24.99
 
 

Them Spyin Eyes: Computer Security and the GDPR

View Course Details

Them Spyin Eyes: Computer Security and the GDPR Details


Price:
$19.99

Course Description

The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information of individuals within the European Union (EU). California passed a similar bill called The California Consumer Privacy Act of 2018. The GDPR creates "Data Controllers" and "Data Processors" and protects "PII," or Personally Identifiable Information. This program helps attorneys understand the GDPR, protection of client data and what advice to provide businesses, particularly those with business interests in the EU. Mr. Jackman discusses the appointment and role of a Data Protection Officer, the rights of the data subject, compliance regulations, data breaches, and potential sanctions for failure of U.S. to follow the GDPR framework, as GDPR is applicable as long as the organization stores personal data of EU citizens.

Under GDPR personal data is any information relating to an individual, whether it relates to his or her private, professional or public life. It can be anything from a name, a home address, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer's IP address. With privacy rights a major legal issue, this program provides an ideal way to understand the issues and requirements in general and GDPR in particular.

Course Agenda

  • What is the GDPR?
  • Why do I care about the GDPR?
  • PII - Personally Identifiable Information
  • Data Collector vs Data Processor
  • Approach to Protection: More than one layer
  • Technical Protection: SECURITY of Data!
  • Contractual Compliance: GDPR needs it!
  • The Data Controller: the Buck Stops Here

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - Technology: 1.0 Credits
IL - General: 1.0 Credits
ME - Self Study: 1.0 Credits
MO - Self Study: 1.2 Credits
NV - General: 1.0 Credits
NY - General: 1.0 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:
$19.99
 
 

Time to Say Goodbye: Ethical Considerations When Ending Client Relationship

View Course Details

Time to Say Goodbye: Ethical Considerations When Ending Client Relationship Details


Price:
$19.99

Course Description

An important yet overlooked issues in practicing law are the ethical considerations when ending formal relationships with clients. If you work in a large law firm such matters would hopefully be routine but small firms and private practice attorneys frequently make mistakes in this area. In this course we look at what the ethical framework is that underlies these principles. We then examine in detail the two types of withdrawals: optional and mandatory. Both case law and personal examples are explored to make these concepts concreate. We end the course by looking at different situations where formally ending a relationship is necessary and then explore some best practices.

Course Agenda

  • Overview
  • Types of Termination
  • Ethical Framework
  • Mandatory Withdrawal
  • Optional Withdrawal
  • Case Cites/Examples
  • Personal Examples
  • Best Practices
  • Other Situations

Course Credit per State


AZ - Professional Responsibility: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
FL - Ethics: 1.0 Credits
IL - Professional Responsibility: 1.0 Credits
NY - Ethics: 1.0 Credits
TX - Ethics: 1.0 Credits
VA - Ethics: 1.0 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
 
 

Unauthorized Practice of Law

View Course Details

Unauthorized Practice of Law Details


Price:
$19.99

Course Description

The unauthorized practice of law, (UPL), is "engaging in the practice of law by persons or entities not authorized to practice law" and the State needs to control who holds themselves out as an attorney to give value to the licensing and ethics control entities such as the Bar Associations and Court systems. Tensions arise when consumers need certain services which they may believe are too costly if performed by a bona fide lawyer or firm. This course outlines those tensions, the balancing factors which certain states have used to address these issues and takes a close look at several situations in which the non-lawyer entities may pose a risk to the public, and where lawsuits have been necessary to limit or curtail these non-lawyer entities.

Course Agenda

  • What is UPL?
  • The Wills Crisis and UPL
  • LegalZoom & UPI
  • Cases
  • The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980)
  • Peters Production, Inc. v. Desnick Broadcasting Company
  • Ginger v. Cohn (Cite 426 F.2d 1385)
  • Bay County Bar Association v. Finance System, Inc.
  • State v. Despain, 319 S.C. 317, 460 S.E.2d 576 (1995),
  • Franklin v. Chavis, 371 S.C. 527, 640 S.E.2d 873 (2007)
  • Kone v. Wilson,630 S.E.2d 744, 272 Virginia 59 (2006)
  • House Counsel
  • Punishments for Violations: Examples
  • Conclusions

Course Credit per State


AK - Ethics: 1.0 Credits
AZ - Professional Responsibility: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
FL - Professionalism: 1.0 Credits
GA - Ethics: 1.0 Credits
IL - Professional Responsibility: 1.0 Credits
IN - Ethics: 1.1 Credits
NC - Professional Responsibility: 1.0 Credits
NY - Ethics: 1.0 Credits
OH - Attorney Professional Conduct: 1.0 Credits
OK - Legal Ethics: 1.0 Credits
TN - Dual: 1.05 Credits
TX - Ethics: 1.0 Credits
UT - Ethics: 1.0 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:
$19.99
 
 

Whistle-Blower Claims: Avoiding the Courthouse

View Course Details

Whistle-Blower Claims: Avoiding the Courthouse Details


Price:
$19.99

Course Description

During this presentation, Fisher Phillips Partner, Jason Geller will discuss, what constitutes retaliation, protecting and defending your company against such claims, whistle-blower protection vs. retaliation claims and creating policies and procedures to minimize problems, claims and lawsuits.

Course Agenda

  • The rise in whistleblowing and retaliation lawsuits
  • Important laws protecting employees against retaliation for whistleblowing
  • Enforcement by governmental agencies
  • What is ?protected activity? and how to spot it
  • Effective responses to whistleblowing and ?protected activity?
  • Why So Much Whistleblowing?
  • Publicity: Federal and State whistleblowing claims are in the press
  • Creates liability where none existed!
  • The Legal Landscape: What We Need to Know - ?Protected Activity?
  • Wrongful Discharge in Violation of ?Public Policy?
  • Federal False Claims Act
  • National Labor Relations Act
  • State laws protecting whistleblowers
  • The ?adverse actions? that can cause problems:
  • The Legal Landscape: What We Need to Know ? ?Adverse Action?
  • Look Out! Government Agencies Are Involved
  • EEOC, OSHA, NLRB, SEC State agencies
  • SEC Whistleblowing Program
  • SEC/NLRB enforcement:
  • Defend Trade Secrets Act
  • Social media policies
  • Recent wage/hour complaint?
  • The Best Response: Solid Policies and Practices
  • Employer complaint procedures
  • The Best Response: Solid Policies and Practices
  • Employer?s investigation protocol
  • Employer?s response to protected activity
  • Conduct objective and thorough investigation required by the circumstances
  • Carefully evaluate risks of subsequent discipline to employee
  • The Best Response: Spot Retaliation ?Red-Flags? And Shut Them Down!
  • Stricter supervision
  • New performance issues
  • Higher standards or expectations
  • Supervisor complaints to others
  • Coworkers shun, tease, threaten
  • Knock, Knock: The Government Is at Your Door on A Whistleblowing Complaint
  • Gatekeeping when the auditor arrives
  • Final Questions

Course Credit per State


AK - Voluntary: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 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
KY - General: 1.0 Credits
MO - Self Study: 1.0 Credits
MS - General: 1.1 Credits
MT - Self Study: 1.0 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
TX - General: 1.0 Credits
UT - Self Study: 1.0 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
  Course Price:
$19.99
 
 

Workplace Investigations 101

View Course Details

Workplace Investigations 101 Details


Price:
$19.99

Course Description

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


CO - General: 1.2 Credits
CT - 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.

  Course Price:
$19.99
 


About Contact US FAQ State Rules
© 2009-2020 MCLEZ P.O. Box 215 Patterson CA 95363 Toll Free: 877-406-2539 | Privacy Policy | Terms Of Use - Analytics