Our Continuing Legal Education Online Courses are for Florida attorneys who want to make the most of their time and money. For as little as $19.99 per course, easily earn Florida CLER credit through courses which have been produced in a variety of legal subjects that matter to you.
Try a course for free before you make your purchase with our Free CLE program, or easily fulfill your Florida CLE requirement with one of our our Florida Bundles under State Bundle Specials under State CLE Bundles.
Accreditation by a State Bar: Continuing legal education credit granted by a state bar may be accepted provided the CLE activity meets the criteria for accreditation established by the 500 series of the BLSE policies. The BLSE may adjust credit in accordance with the 500 series of its policies. For information about Florida CLE rules, you may call or email the Legal Specialization and Education Department of The Florida Bar at 850-561-5842 or clemail@flabar.org.
Whether you're a business owner concerned with making the right distinctions when engaging people to work with/for you, or a lawyer responsible for advising clients on the contractor v. employee distinction, this presentation could save you a lot of grief and money down the line.
Marin County-based employment lawyer Diana Maier and Carlos E. Torres, a Hearing Officer for the California Division of Labor Standards Enforcement (DLSE), discuss which factors matter most in deciding how to classify workers in light of recent legal decisions that are shifting those factors. In addition to covering a broad overview of the contractor v. employee debate, they also discuss ethical considerations for lawyers considering the question of contractor classification, and assess whether the sharing economy is due for extinction in light of recent rulings against companies such as Uber.
Course Agenda
Frequent Terms and Their Meanings
Principal versus Employer
Worker/Contractor/Consultant versus Employee
Central Questions
What are some ethical considerations to keep in mind as we review the material?
Why are we here?
Factors in classification
Advantages and disadvantages of each classification
Given that this is a subjective standard, what ethical considerations exist for attorneys who need to advise others about this? Complicated by the fact that 1099 is less expensive.
Do you pick the argument most conducive to the business and just go with that?
How do the political/social factors come into play?
Are there law and policy objectives lawyers have a duty to protect?
If there are, has current law accomplished those, or have we gone too far?
Cases: Practicing the Material
Case #1: Client Engaging New Service Providers
Case #2: Corporate Employer
Case #3: Domestic Employer
Wrap Up
Standard is subjective ? makes it a tricky ethical issue for lawyers
Government prefers employee status
Back up a decision to make someone a contractor by making a file, contract, etc. and know there?s a risk
Government most often finds out via an obstructed claim, but there are many ways
Recent indications show government is only going to get more strict in enforcement
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 MO - Self Study: 1.2 Credits MS - General: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.0 Credits WA - General: 1.0 Credits 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.
Course Price:
$29.99
Age Bias at Work: Why Our Laws are Ineffective and How to Improve Them
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
AL - On-Demand: 1.5 Credits AZ - General: 1.5 Credits CA - General: 1.5 Credits FL - General: 1.5 Credits GA - Self Study: 1.5 Credits IL - General: 1.5 Credits IN - Distance Education: 1.6 Credits ME - Self Study: 1.55 Credits NC - General: 1.5 Credits NH - General: 1.55 Credits NY - General: 1.5 Credits OH - Self Study: 1.5 Credits OK - Distance Learning: 2.0 Credits SC - General: 1.55 Credits TX - General: 1.5 Credits UT - Self Study: 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.
Most attorneys and law offices are aware of the electronic threats that face them, their information and their clients? information. However, most attorneys, and their staffs, are unsure of what to do about these threats and risks. This program provides an understanding of the sources of these threats, how they work, and what can be done in the event that security is, indeed, breached. Most importantly, this presentation provides concrete steps on how to implement an effective, proactive plan on how to prevent and avoid these security problems.
Course Agenda
Virus types
How viruses work
The relationship between virus protection and firewalls
Virus Protection
Secure Email
Workstation Security
Firewalls
Internet & Email Security Policies
What is the risk?
Security threat sources
What to look for in your security system
What to do if you encounter a security problem
Formulating a plan for a secure system
Future challenges to computer security for law offices
Course Credit per State
AK - Voluntary: 2.0 Credits AZ - General: 2.0 Credits CA - General: 2.0 Credits FL - Technology: 2.5 Credits IL - General: 2.0 Credits MO - Self Study: 2.48 Credits MT - Self Study: 2.0 Credits ND - Self Study: 2.0 Credits NY - General: 2.0 Credits VT - Self Study: 2.0 Credits WA - General: 2.0 Credits WV - General: 2.48 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Course Price:
$34.99
Conflicts of Interest in the Practice of Law: Causes and Cures
Conflicts of Interest in the Practice of Law: Causes and Cures Details
Price:
$19.99
Course Description
In this one hour program, Richard E. Flamm, the author of the new treatise "Conflicts of Interest in the Practice of Law: Causes and Cures" will discuss what the term "conflicts of interest" means, the various ways in which conflicts can arise for counsel, the disciplinary and other than disciplinary consequences of engaging in conflicted representation, and how conflicts can sometimes be avoided or "cured." Mr. Flamm will briefly touch upon some of the most important conflict of interest rules.
Course Agenda
My Background
Who I am
How I got into this business
Books\Teaching\Consulting
What is a Conflict of Interest?
Dates to Book of Matthew
17th Century Application to lawyers
No Ethical Rules existed to define
Case law definitions (John Marshall)
Restatement definition
My definition (what the applicable ethical rules say)
(we will get to what the rules say a conflict is, before doing so I want to discuss:)
Possible Consequences of Conflicts Representation
Discipline (types of possible discipline)
Admonition
Suspension
Disbarment
No discipline (some jurisdictions, including California)
The Rules Suggest that discipline is the only possible consequence of a rule violation:
CRPC Rule 1-100: ?The following rules are intended to regulate professional conduct of members of the State Bar through discipline?These rules are not intended to create new civil causes of action. Nothing in these rules shall be deemed to create, augment, diminish, or eliminate any substantive legal duty of lawyers or the non-
disciplinary consequences of violating such a duty.?
ABA Model Rules used to say essentially the same thing. Now Scope Note 20 reads: ?Violation of a Rule should not itself give rise to a cause of action against a lawyer nor should it create any presumption in such a case that a legal duty has been breached. In addition, violation of a Rule does not necessarily warrant any other nondisciplinary remedy, such as disqualification of a lawyer in pending litigation. The Rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies.?
But most of the consequences of conflicted representation are other than disciplinary
Decision to Refrain from Handling Representation
Challenges to Representation
Disqualification Motions
Injunction Actions
Opposition to Applications for Employment (Pro hac vice)
Actions for Malpractice/Breach of Fiduciary Duty
Disgorgement Actions
(Aside: Qualification Motions)
Possible Consequences for Innocent Clients
Loss of counsel/Loss of money/Delay
Loss of work product (turnover)
Prejudice to their case
Kinds of Conflicts
Conflicts involving current clients
Joint/Dual/Multiple Representation Conflicts
Unrelated Matter Conflicts
Model Rule 1.7(a): ?Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.?
Conflicts involving Former Clients
The Former Client Conflict Rule Generally
Model Rule 1.9(a): ?A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.?
The Substantial Relationship Test
Development (pre ethics rules)
Poorly defined
Different Approaches
Personal Interest Conflicts
Pecuniary Interest Conflicts
Example: Business Transactions Rule
Rule 1.8(a) ?A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: (1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client?(2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and (3) the client gives informed consent??
Relationship Conflicts
Familial Relationships
Sexual Relationships
Model Rule 1.8(j): ?A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced.?
Other types of Conflicts
Advocate-Witness Conflicts
Issue Conflicts
?Finite Pie? Conflicts
Prospective Client Conflicts
Model Rule 1.18? ?(a) A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. (b) Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client. c) A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter??
Model Rule 1.10(a): with certain exceptions ?(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9??
Avoiding Conflicts
Declining to Take on Conflicted Representation
Before you can decline, need to detect: Conflicts checks
Other Means for Avoiding Conflicts
e.g., client?s consent not to name a party/include a cause of action
Curing Conflicts
Consent
Why consent is a cure
Model Rule 1.7 (b) ?Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing.?
The need for informed consent
?Waiver Letters?
Requirements in addition to informed consent
Non-consentable conflicts
Screening (10 minutes)
History of Screening Defense
Evolution of ABA View of Screening (2009)
Remember what model rule 1.10(a) says? But a law firm can act adversely to the interests of a party even though a lawyer at the firm could not if: [Model Rule 1.10(a)(2)]: ?the prohibition is based upon Rule 1.9(a) or (b) and arises out of the disqualified lawyer?s association with a prior firm, and (i) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom??
The permissibility of screening
The California rule (courts never rushed to adopt screening)
Timely and Effective Screening
Types of Screens:
Chinese Wall
Cone of Silence (get smart!)
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits MS - Ethics: 1.1 Credits MT - Ethics: 1.0 Credits ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.3 Credits
Course Presenter(s)
Richard Flamm
Richard E. Flamm, a 1981 Rutgers Law School graduate, is a
nationally-recognized expert in the field of legal ethics. A litigator for more
than 20 years, since 1995 Mr. Flamm has concentrated on his Berkeley California-based law and consulting practice. In his practice, Mr. Flamm provides representation, advice and expert witness testimony with respect to legal and judicial ethics, legal malpractice, and breach of fiduciary duty matters -- with an emphasis on legal, judicial, and quasi-judicial disqualification motions and appeals.
In his capacity as an expert witness, Mr. Flamm has testified, either in court or by way of affidavit, in dozens of cases involving matters of legal and/or judicial ethics. Mr. Flamm's extensive client list includes many of the nation's leading corporations and law firms.
Mr. Flamm is the author of two highly-acclaimed treatises: Lawyer Disqualification: Conflicts of Interest and Other Bases, and Judicial Disqualification: Recusal and Disqualification of Judges, which has been widely relied on by state and federal courts throughout the country. Both works are published by Banks and Jordan Law Publishing: www.banksandjordan.com. He has also authored numerous scholarly articles on conflicts of interests, disqualification and related subjects for law reviews and other publications.
Course Price:
$19.99
Credit Damages and their Application in Cases: An Overview
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.
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.
We live in a surveillance world. The technology exists for everyone to watch everyone. The technology exists for us to be connected online all the time. Is this what we want?
In this course, attorney Deborah Gonzalez presents an overview of new legal concerns regarding cyber-stalking, cyber harassment, and cyber bullying. Ms. Gonzalez will discuss how new consumer technology such as wearable tech, which is getting smaller and smaller, with the capabilities of recording audio and video without detection, along with the viral nature of social media, is leaving more and more people vulnerable to various types of online abuse. These types of issues have caused states to revise their current general harassment statues, to include language addressing electronic communications. Ms. Gonzales will cover some of these updates as she discusses how various states are choosing to approach these issues. Ms. Gonzalez will also cover several cyber-bullying and cyber-harassment cases, as well as explain the difference between the two. Ms. Gonzalez will conclude the presentation with a brief discussion about current cyber-voyeurism and cyber-revenge porn laws.
Course Agenda
Setting the Context
Cyber-Harassment
Cyber-harassment usually pertains to threatening or harassing email messages, instant messages, or to blog entries or websites dedicated solely to tormenting an individual.
Two approaches for state laws:
Include language addressing electronic communications in general harassment statutes; or
Create stand-alone cyber-harassment statutes.
47 U.S. Code § 223, Communications Decency Act, rephrased to include any telecommunications device.
New York Penal Code, 240.3
§ 240.30 Aggravated harassment in the second degree.
Florida, 784.048, 2014
Another definition connects this to a violation of anti-harassment/anti-discrimination policies (like Civil Rights) via an email, online post, Tweet, or other electronic communication.
Social Media Policies
Cyber Harassment: Tips
Cyber-Stalking
Cyber-stalking is the use of the Internet, email or other electronic communications to stalk, and generally refers to a pattern of threatening or malicious behaviors
Based on a posing credible threat of harm.
Sanctions range from misdemeanors to felonies.
18 U.S.C. § 875(c) makes it a federal crime, punishable by up to five years in prison and $250,000 fine, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another.
Section 875(c) prohibits the actual transmission of a threat, which is defined "objectively" as a statement which a reasonable person would understand as threatening bodily injury.
§ 875(c) applies only to "true threats" which are not protected by the First Amendment.
Watts v. United States, 394 U.S. 705 (1969)
Such protected speech includes "political hyperbole" or "vehement," "caustic," or "unpleasantly sharp attacks" that fall short of true threats.
Georgia Code, 16-5-90, 2014
Virginia, 18-2-60, 2002
§ 18.2-60. Threats of death or bodily injury to a person or member of his family; threats to commit serious bodily harm to persons on school property; penalty.
North Carolina, 14-196.3, 2000
§ 14-196.3. Cyber-stalking.
U.S. v. Elonis, October 2014
Unwanted Sexual Contact Online
International Cyber-Stalking
Cyber-Bullying
Most people consider this in regards to minors and/or students. However there are a series of laws referring to ?workplace cyber-bullying.?
Cyber-bullying or Cyber-Harassment?
Cyber-bullying State Laws:
Colorado, HB 1036, 2005
California, AB86, 2008
Virginia, HB1624, 2009
Georgia, SB250, 2010
#Gamergate, August 2014
Zoe Quinn, software developer of the game ?Depression Quest,? a text-based game partially based on her own experience with depression, in 2013.
Victim of online death threats and harassing posts.
Cyber-Voyeurism
Video-Voyeurism: The use of small micro cameras to observe and monitor another person.
Cyber-Voyeurism: Controlling those cameras via online or wireless connections and can include recording and posting the videos on social media or other Internet sites.
State Statutes include:
Unlawful photographing
Voyeurism
Unauthorized videotaping
Eavesdropping
Peeping or Spying
Disorderly Conduct
Various Privacy laws
Various Stalking laws
Intimate Partner Cyber-Violence
IPV encompasses domestic violence, sexual violence, and stalking that targets a current or former spouse, boyfriend, girlfriend, or significant other.
IPCV encompasses the above through the use of technology, including the Internet, social media, email, texting, etc.
Cyber-Revenge Porn
CA v Iniquez, 2014 Conviction
Noe Iniguez, convicted of the charge of distributing "revenge porn" via the internet; 1 year in jail
CA Revenge Porn Law?s requires proof beyond a reasonable doubt that:
the accused photographed or recorded an image of one or more intimate body parts of an identifiable person under circumstances where the parties agree or understand that the image is to remain private and the accused subsequently distributed the image with the intent to cause serious emotional distress and the depicted person did suffer serious emotional distress. CA, one of 13 states that have enacted cyber-exploitation laws. CA eCrime Unit: prosecuting operators of cyber-exploitation websites
Course Credit per State
AK - Voluntary: 1.25 Credits AZ - General: 1.25 Credits CA - General: 1.25 Credits CO - General: 1.4 Credits FL - Technology: 1.5 Credits IL - General: 1.0 Credits MO - Self Study: 1.4 Credits MS - General: 1.2 Credits MT - Self Study: 1.25 Credits ND - Self Study: 1.25 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits WA - General: 1.25 Credits WV - General: 1.4 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
In 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
AZ - General: 1.5 Credits CA - General: 1.5 Credits CO - General: 1.62 Credits CT - General: 1.25 Credits FL - General: 1.5 Credits IL - General: 1.25 Credits MO - Self Study: 1.5 Credits NH - General: 1.35 Credits NJ - General: 1.6 Credits NY - General: 1.5 Credits PA - Distance Learning: 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.
What will money look like in the future? With the use of digital currencies like Bitcoin on the rise, it is important to gain an understanding of how these new digital currencies work. In this course, attorney Deborah Gonzalez will explain what these digital currencies are, why they were created, and how they are affecting the world today, as well as cover some of the major legal issues that have surrounded their use. Deborah will discuss the main concerns, as well as what is being done to combat the concerns that people have about adopting these new digital currencies.
Course Agenda
History of Money
The Context
Definition of Money
History of Money
History of Money Legalities
Money v. Wealth
Money 2.0
Creation of Value
Storage of Value
Virtual Currencies
Digital Currency
Bitcoin
Altcoins
Q&A Session
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits FL - General: 1.0 Credits MO - Self Study: 1.4 Credits VT - Self Study: 1.0 Credits WV - General: 1.22 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
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
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.25 Credits IL - Diversity and Inclusion: 1.0 Credits IN - Distance Education: 1.0 Credits NC - General: 1.0 Credits NH - General: 1.05 Credits NY - Diversity and Inclusion: 1.0 Credits OH - Attorney Conduct: 1.0 Credits TX - General: 1.0 Credits UT - Self Study: 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.
This session provides an overview of the practice of drafting and negotiating software development agreements. Topics to be covered include: pros and cons of waterfall vs. agile approaches to software development; myths of SDAs; SDA clauses of interest; term definitions; warranties; intellectual property concerns; breach of contracts and possible remedies; negotiation styles; negotiation tips for SDA?s; and a list of resources for future reference, including SDA examples and checklists.
Course Agenda
Software Development
Waterfall vs. Agile Software Development
Agreement Components
The Software Development Agreement (SDA)
Myths of SDA?s
Contract Requirements
SDA Clauses of Interest
Points of Interest
Definitions
Pricing/Payment
Exclusivity Clauses
Disclosure/Confidentiality Requirements
Security Clauses
Indemnity Clauses
Assignments
Termination
State Law Jurisdiction
Warranties
Insurance
IP Issues
Make it present tense ?hereby assigns? not future tense
?Work for hire? language is ineffective without a specific transfer of the copyrights
Sublicensing, Transferability
What about a merger? Can that breach non-assignment provisions?
In US: each joint copyright owner may commercialize a copyrighted work WITHOUT their joint owner?s consent, but must account for licensing royalties and may not destroy the value of the work.
Address this in your SDA.
IP Issues
Software Escrow
Breach of Contracts
Remedies
Negotiating Tips
Course Credit per State
AL - On-Demand: 1.3 Credits AZ - General: 1.25 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits CT - General: 1.5 Credits FL - General: 1.5 Credits IL - General: 1.25 Credits MO - Self Study: 1.5 Credits MS - General: 1.3 Credits NH - General: 1.31 Credits NJ - General: 1.2 Credits NY - General: 1.5 Credits WA - General: 1.25 Credits WV - General: 1.58 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
In this presentation, David B. Gardner, who is a specialist in immigration law in California, will be speaking on ethical issues involving EB-5 (the immigrant investor visa program) and DACA (Deferred Action for Childhood Arrivals) cases, which are very relevant and pertinent issues in immigration law practice today. He will discuss how the government has attempted to fairly regulate the foreign investor visa industry, and some of the major difficulties that have arisen in doing so.
Course Agenda
The EB-5 Visa
Direct Investment
Regional Centers
EB-5 Market
Ethical Dilemma
Scope of Representation
Regional Center
Investment
Attorney Liability
Regional Center?s Law Firm
DACA
Course Credit per State
AK - Ethics: 1.0 Credits AL - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.2 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits MO - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
David B. Gardner
David B. Gardner has more than 30 years professional legal experience advising clients on U.S. Immigration, International Business and Taxation matters. Mr. Gardner was admitted as a Solicitor in England and Wales in 1974, and as a Solicitor in Hong Kong in 1984. He founded the Law Offices of David B. Gardner in 1985 as an international law practice and since 1996, following a law firm merger, has practiced exclusively in the areas of Immigration and Nationality Law.
Mr. Gardner represents clients in all types of immigration cases before Agencies of the Department of Homeland Security, the Executive Office for Immigration Review and in the Federal District Courts and Circuit Courts of Appeal. He was lead counsel in Vukmirovic v. Ashcroft, 362 F. 3d 1247(9th Cir. 2004.) and Vukimorivic v. Holder (9th Cir. Sept. 2010).
Mr. Gardner was co-founder of several non-for profit organizations including the Spirit of Youth foundation (an exchange program between under-privileged youth from Los Angeles and in the United Kingdom); the California Israel Chamber of Commerce and the Southern California Israel Chamber of Commerce. He was awarded the honor of Cavillieri by the Government of Italy for legal services on behalf of the Italian Consulate in Los Angeles. He is a past president of Bnai David Judea Congregation in Los Angeles and continues to be active in a variety of local and international community organizations.
Course Price:
$19.99
Ethical Issues in Terminating the Attorney-Client Relationship
Ethical Issues in Terminating the Attorney-Client Relationship Details
Price:
$19.99
Course Description
In this presentation, George Chiu, Esq. will address one of the most important issues facing attorneys, which is when, how, and if you are able to terminate the attorney client relationship. This course will be focused largely on Rule 3-700 of the California Rules of Professional Conduct. He will provide practical tips and pointers, specifically focused on trying to meet the requirements of the California Rules of Professional Conduct, trying to avoid malpractice claims, and avoiding discipline from the State Bar.
Course Agenda
The Attorney-Client Relationship
Five Steps to Terminating The Attorney-Client Relationship
Deciding to end attorney client relationship
Creating the File
Telling the client about termination
Cautions
Things to keep in mind
Form Language
Final Thoughts
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.14 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 0.75 Credits NH - Ethics: 0.95 Credits NJ - Ethics: 1.1 Credits NY - Ethics: 1.0 Credits TN - Dual: 0.95 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.14 Credits
Course Presenter(s)
George Chiu, Esq.
George Chiu, Esq. has extensive experience in transactional matters, including mergers and acquisitions, securities, and banking. In addition to practicing law in the United States, Mr. Chiu has served as Director of Legal affairs for the Ascension Capital Group in Beijing and General Counsel to T2CN Information Technology of Shanghai, China. Mr. Chiu is fluent in English and Chinese and speaks French and Korean. He earned his Juris Doctor from UCLA in 2003 and is admitted to the Bar in Massachusetts, California, Texas, and Oklahoma.
Ethical Issues of Contemporary Criminal Justice Details
Price:
$29.99
Course Description
Ethical Issues of Contemporary Criminal Justice explores standards of professional responsibility specific to legal representation, law enforcement, and corrections in the United States. Attorneys will define and apply concepts in the analysis of law and policy through an increased awareness of the Model Rules and Codes of Conduct. This course examines current prominent cases and their dilemmas to effectively present relevant ethical issues in an easily understandable context.
Course Agenda
Overview
Model Rules of Professional Conduct
The Law, the Right to Practice and the Legal Professional:
Right to practice
Sources of regulation
Preventing unauthorized practice of law
Duties of Those who Practice in Criminal Justice System:
Prosecution for the people
Defense for the accused
Judges for everyone
Fees and Contracts:
Formation of relationship between client and lawyer
Agreement and scope of representation
Terminating the lawyer-client relationship
Confidential Information:
Attorney-client privilege
Duty of confidentiality
When confidences are waived
Unimpaired Loyalty and the Avoidance of Conflicts of Interest:
Personal interests that may affect objectivity
Concurrent representation of clients with conflicting interests
Conflict between current and former clients
Obligations to Third Parties and the Legal System:
Counseling or assisting illegal or fraudulent conduct
Requirement of honesty in communications
Threats of criminal prosecution
Special Obligations to Lawyers in Litigation:
Duty to reject actions brought merely to harass or injure
Limitations on trial publicity
Duty of honesty and disclosing perjury
Business of Practicing Law:
Solicitation and advertising
Regulation of specialization
Division of fees
District Attorney Issues:
Formal disciplinary process
Personal financial liability
Contempt sanction
Lack of Resources and the Responsibilities of Judges:
Disqualification and recusal
Extrajudicial money making
Political activity and appearance of impropriety
Course Credit per State
AK - Ethics: 1.75 Credits AZ - Ethics: 1.75 Credits CA - Ethics: 1.75 Credits CO - Ethics: 2.1 Credits CT - Ethics: 1.75 Credits FL - Ethics: 2.0 Credits IL - Professional Responsibility: 1.75 Credits MO - Ethics: 2.0 Credits NH - Ethics: 1.75 Credits NY - Ethics: 2.0 Credits PA - Ethics: 2.0 Credits WA - Ethics: 1.75 Credits WV - Ethics: 2.1 Credits
Course Presenter(s)
Greg Woods, J.D.
Greg Woods received his Doctor of Jurisprudence from San Francisco Law School and holds a Bachelor of Arts from San Jose State University. At San Francisco Law School Greg was a recipient of the Bernard Witkin Award for academic excellence in Contracts Writing and was an editorial staff member with the San Francisco Law Review. He served as a Certified Legal Intern with the Office of the District Attorney in San Francisco.
Greg Woods presently serves as Lecturer with the Department of Criminal Justice Studies at San Francisco State University and was recently named Lecturer of Justice Studies at San Jose State University and at the Department of Criminology Studies at Sonoma State University.
As an educator, constitutional scholar, law enforcement/legal trend watcher and student of history, Greg constantly seeks and receives information from a wide variety of sources and is in the forefront as a commentator on topical issues in Criminal Law.
Outside the classroom, Greg has been acknowledged by former students at the annual San Francisco State Scholar Athlete Reception as a faculty member who ?made a valuable impact on their academic life.?
Ethics & Entertainment: Should the Show Go On Details
Price:
$19.99
Course Description
This one-hour course will cover legal ethics in the entertainment industry. Deborah Gonzalez will begin by examining the differences between values and ethics, explaining how one can be enforced, while the other cannot. Ms. Gonzalez will then discuss a handful of cases of ethical misconduct in the entertainment industry, which ultimately resulted in the disbarment of the attorneys involved.
Course Agenda
Ethics v Values
Values = Personal Beliefs
Ethics = Conduct
Specific Ethical Issues
Professional Conduct
Responsibility
Competency
Client-Attorney Relationship
Confidentiality Model Rule 1.6
Trial Publicity
Legal Advertising
Unauthorized Practice of Law
Course Credit per State
AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.2 Credits FL - Ethics: 1.0 Credits VT - Ethics: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
Ethics for Patent Attorneys and Patent Agents Details
Price:
$19.99
Course Description
Patent attorneys are bound by their local State Bar Rules and the Code of Conduct contained in Code of Federal Regulations Title 37. Among the many local State Bar Rules addressed by Steve Nielsen are the duties to maintain client secrets, to maintain a client trust account and to address actual and potential conflicts of interest. Mr. Nielsen then walks through the Patent and Trademark Office Code of Professional Responsibility Canons and Disciplinary Rules, distinguishing between them, addressing each Canon and providing guidance on how to avoid disciplinary proceedings resulting from violations. From fee agreements to inventor conflicts of interest, security issues ranging from the basics of locks on file cabinets to encryption, to limiting business relationships with clients, Mr. Nielsen covers the spectrum of the disciplinary minefield. This is truly a program in which the adage "an ounce of prevention is worth a pound of cure" applies.
Course Agenda
Disclose Adverse Legal Authority
Inventor Conflicts
Threatening Criminal Prosecution
Fee Agreements
To Search or Not? No duty to search for prior art
Patent Litigation
Pre-Litigation Markman Analysis
Ethics of Pre Litigation
Litigation Blowback
Office of Enrollment and Discipline (OED) Tales of Woe and Anguish
Malpractice Suits
Conflict of Interest
Money Problems and Issues
Bad Checks
Tax Fraud
Bounced Checks to the USPTO
Course Credit per State
AK - Ethics: 1.0 Credits AL - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.2 Credits FL - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits TN - Dual: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
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 CO - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IN - Distance Education: 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 NY - General: 1.0 Credits OH - Self Study: 1.0 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits VA - General: 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.
Got a Handle on Employee Leaves of Absence Details
Price:
$19.99
Course Description
Jason A. Geller, Managing Partner of Fisher & Phillips' San Francisco office, addresses recent requirements for employer compliance with updated regulations under the California Family Rights Act (CFRA) and significant distinctions between CFRA and the Federal Family and Medical Leave Act (FMLA). Because these laws are quite similar in many respects, the description of an employer and employee's duties under CFRA will parallel those under the FMLA. Jason also addresses practical challenges faced by the parties in complying with these laws and suggested policies and practices to ensure compliance.
Course Agenda
Introduction
Review of rise of leave rights generally
The basic requirements under CFRA/FMLA
Distinctions between FMLA and CFRA
Important changes to CFRA regulations
Suggested changes to leave policies and practices
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.32 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits NH - General: 1.0 Credits NJ - General: 1.2 Credits NY - General: 1.0 Credits TN - General: 1.0 Credits TX - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Jason A. Geller
Jason A. Geller is the Managing Partner of Fisher & Phillips? San Francisco office. Fisher & Phillips is one of the largest U.S. law firms representing management exclusively in the areas of labor, employment, civil rights, employee benefits, and immigration law. The firm has 31 offices with 300 attorneys.
Jason represents employers in all facets of employment law
matters. He has considerable experience defending employers in
litigation involving claims under the Family and Medical Leave Act
(FMLA), the California Family Rights Act (CFRA), the Age
Discrimination in Employment Act (ADEA), the California Fair
Employment and Housing Act (FEHA) and California wage and hour
laws. Jason has also defended employers against whistleblowing
and retaliation claims, including claims under the California
Whistleblower Act, the False Claims Act and various provisions of
The California Labor Code.
Jason has extensive experience defending employers in Federal and
State courts, as well as in investigations by the Equal Employment
Opportunity Commission (EEOC), the DFEH, United States
Department of Labor (DOL) and the National Labor Relations Board
(NLRB).
In addition to defending his clients in litigation, Jason frequently
counsels employers to assist them in avoiding litigation. He regularly
advises clients on leave management issues and the interactive
process for employees with disabilities, reinstatement obligations
under various leave laws and wage and hour compliance. Jason has
prepared employee handbooks and a variety of agreements,
including independent contractor, employment, confidentiality and trade secrets agreements.
His clients are involved in a variety of industries, including assisted living, independent living facilities, construction, manufacturing, engineering, architecture, professional services, agriculture,
technology, retail and restaurant industries.
Jason was included in Northern California Super Lawyers in 2015.
Professional Activities
Board Member, Northern California Human Resources Association - East Bay Chapter
Member, Marin Human Resources Forum (1995-2000)
Member, Labor and Employment Section of the San Francisco Bar Association
Board Member & Legislative Co-chair, Employers' Advisory Council of the California Employment Development Department
Member, Labor and Employment Section of the State Bar of California
Member, Advisory Committee on Employment Law Jury Instructions of the Labor and Employment Section of the State Bar of California
As the world changes, so does the law, daily in fact. Every single day there are new trends, technologies, and laws that impact how we do business. The world of social media has created a wealth of opportunities for those who counsel large and small business and entrepreneurs who play in the social media sandbox. What keeps them up at night? In this program, we will explore some of the hot topics in the world of social media.
Course Agenda
New Copyright and Trademark Cases
Terms of Use (Privacy)
Cases involving Facebook, Terms of Use, Twitter and Instagram
YouTube and the DMCA
What Is Social Media
ABA?s 20/20 Commission
FTC.Gov Online Advertising Disclosure
New Developments, Issues and Cases: Can a lawyer use clients? name in a blog? The ?Thumbs Up? symbol: (TiVo vs. Facebook): Kirstaeng v. John Wiley Publishers, U.S. S. Ct. case on the First-Sale Doctrine. Twitter cases: Kim Kardashian, Courtney Love, (sued for their tweets).
TERMS OF USE: What You Need to Know: Comparison of TOU in various websites (Facebook, LinkedIn, Pinterest), Best Practice to dispute TOU, Modification, Ownership of Data, Review of YOU cases, Arbitration clauses.
Ethics, Social Media and Lawyers: Potential Ethical Land Mines for Lawyers: Fee-Sharing with non-lawyers, e.g., Groupon, Rule 5.4, Professional Independence, Unauthorized Practice of Law (Review of various states and comparison with ABA Rules).Inadvertent Disclosure of Client Confidences, Inadvertent Formation of Client Relationship, ABA Formal Opinion 10-457, AVVO, Dislcaimers, Conflicts of Interest.
Lawyer Websites: Attorney Advertisement: Three Areas for Concern: Solicitation, False and Misleading Content and Testimonials. California RPC 1-400c, Ohio, Oregon, Missouri, Colorado restrictions on testimonials.
Q&A: Communication with Represented Party, AVVO and reputation management issues, Attorney supervision of employees.
Course Credit per State
AK - Voluntary: 2.0 Credits AL - On-Demand: 2.0 Credits AZ - General: 2.0 Credits CA - General: 2.0 Credits CO - General: 2.4 Credits FL - General: 2.5 Credits MO - Self Study: 2.42 Credits MT - Self Study: 2.0 Credits ND - Self Study: 2.0 Credits NY - General: 2.0 Credits VT - Self Study: 2.0 Credits WA - General: 2.0 Credits WV - General: 2.42 Credits
Course Presenter(s)
Francine Denise Ward
A 1989 graduate of Georgetown University Law Center, Francine Denise Ward earned her undergraduate degree in 1986 from the City University of New York---Hunter College. Admitted to practice in both California and New York, her IP focus is on copyrights, trademarks, internet, and publishing law. Ms. Ward has carved out a niche working with eCommerce entrepreneurs, information marketers, authors, and professional speakers.
Not surprisingly, Francine loves working with entrepreneurs and authors--because she is one! She understands from firsthand experience the importance of safeguarding what she's invested so much time and money creating, e.g, books, articles, web content, product, videos, her brand and the right to create these things. She?s written two self-help books (Esteemable Acts: 10 Actions for Building Real Self-Esteem and 52 Weeks of Esteemable Acts: A Guide to Right Living), has given a number of motivational business keynotes, and has talked extensively to entrepreneurs on the importance of protecting their valuable intellectual property. She has now expanded her reach to social media, including the Second Life.
Francine Ward is an active member of the American Bar Association's Intellectual Property Law Section, and currently chairs Committee 408 (In the Interest of Individuals and Small Businesses). Always willing to be of service and forever involved in her community, Francine volunteers her time helping women struggling with addiction who have lost their kids, she?s on the boards of the National Council on Alcoholism and Other Drugs in the Bay Area and the National Speakers Association, and is a pro-bono volunteer lawyer through the VLSP program with the San Francisco Bar Association. Francine D. Ward resides in Mill Valley, CA with her husband Richard Lipfield, and three cats, Mango, Spike, and Kiwi.
Course Price:
$34.99
How to Understand and Properly Value Client Assets
How to Understand and Properly Value Client Assets Details
Price:
$19.99
Course Description
Legal issues arise in many areas when it comes to collectibles, and one of the hottest and most contentious areas involves record collections (from 78s to digital), and related music memorabilia.
Accredited Senior Appraiser and member of the American Society of Appraisers who specializes in this area, Stephen M.H. Braitman has been involved in a myriad of cases which have required his services. In addition to his role as an expert witness in litigation, practice areas in which his expertise has been utilized include Family Law, Estate Planning and Insurance issues, evaluations for credible Fair Market Value, Replacement Value, and Liquidation value appraisals of contested property.
In this program Mr. Braitman reviews the role of the appraiser and the process for certification as an appraiser. Specific issues include: The potential of a music collection, what to look for in "hidden assets" that may be significant, what issues arise between collectors (and?everyone else!) , some contentious records and memorabilia, the need for accurate appraisals and how an undervalued appraisal can affect both the financial and legal outcome of a family or institution, the current market in music records and memorabilia collectibles, the Uniform Standards of Professional Appraisal Practice, credentialing of the appraiser, the appraisal process, issues in divorce, property settlements and estates, how to overcome the lack of value-knowledge of an insurance adjuster, appraised value as leverage or as collateral, satisfying I.R.S. donation requirements, auctions, and an in depth review of specific types of records and music memorabilia and their current and future value.
Course Agenda
If your firm represents libraries, archives, insurance agencies, or executors for estates, or is involved in family law, this program is a unique and valuable resource. Moreover, the cases in which Mr. Braitman has been personally involved, such as the Michael Jackson property at Neverland Ranch, the Elton John record collection, and donations to the Library of Congress and the Rock and Roll Hall of Fame, make this program a fascinating, behind-the-scenes look at a wide variety of legal issues related to music, such as
Insurance Replacement Cost Coverage
IRS Charitable Donations
Equitable Division of Property in an Estate or Divorce
Estate Planning
Expert Witness
IRS Federal Estate Tax
Loss of Value Claims
Opinions of Value
Settlement of Damage
Valuation and Settlement
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits ME - Self Study: 1.0 Credits NC - General: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.01 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
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 MO - Self Study: 1.0 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits VA - General: 1.0 Credits
Course Presenter(s)
Thomas A. Lenz
Experience
Thomas Lenz is a senior partner handling all aspects of labor and employment law issues from the firm's Cerritos and Pasadena offices. He heads the firm's traditional labor and National Labor Relations Board practice. He works with employers in all major industries across California and the West. He currently services on the Executive Committee of the Labor and Employment Section for the State Bar of California. Tom began his law practice with the National Labor Relations Board, Region 21, in Los Angeles, where he investigated and tried unfair labor practice cases, ran workplace elections, and acted as an administrative hearing officer. Tom was assigned difficult cases, including numerous charges involving SEIU's Justice for Janitors campaign activity throughout Los Angeles, and the majority of his cases required work in the Spanish language. He received a formal commendation for his performance from the Agency's General Counsel.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
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.
This program offers to the legal professional a treasure trove of Information Technology tips, tricks and advice on how to upgrade your law office, legal department or legal assistant practice and get the most out of your (limited) technology budget!
Course Agenda
What sort of system stats you should be looking for when upgrading your system
Is it time to upgrade?
What are some of the costs?
What should I make sure to upgrade/keep in place?
Working with Windows 8
Antivirus & Firewalls, computer security & safety
Cloud computing
Backups
Discussions about case management systems
Trends & Fads: where are we headed with IT in the near future!
This program is ideal for the solo practitioner, paralegal/legal assistant, small office or even mid-sized office that wants to review their technology in an unbiased, non-sales environment! Mr. Jackman has been providing technology consulting solutions to law offices since 1999, so take advantage of this session to find out what you need to be on the cutting edge of today?s technology!
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.3 Credits FL - Technology: 1.0 Credits MO - Self Study: 1.26 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.26 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Over the past decade, a number of well-publicized data leaks have revealed the secret offshore holdings of high-net-worth individuals and multinational taxpayers, leading to a sea change in cross-border tax enforcement. Spurred by leaked data, tax authorities have prosecuted offshore tax cheats, attempted to recoup lost revenues, enacted new laws, and signed international agreements that promote "sunshine" and exchange of financial information between countries.
The conventional wisdom is that data leaks enable tax authorities to detect and punish offshore tax evasion more effectively, and that leaks are therefore socially and economically beneficial. This Article argues, however, that the conventional wisdom is too simplistic. In addition to its clear benefits, leak-driven lawmaking carries distinctive risks, including the risk of agenda setting by third parties with specific interests and the risk associated with leaks' capacity to trigger non-rational responses. Even where leak-driven lawmaking is beneficial overall, it is important to appreciate its distinctive downside risks, in order to best design policy responses.
This Article is the first to thoroughly examine both the important beneficial effects of tax leaks, and their risks. It provides suggestions and cautions for making and enforcing tax law, after a leak, in order to best tap into the benefits of leaks while managing their pitfalls.
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
AL - On-Demand: 1.5 Credits AZ - General: 1.5 Credits CA - General: 1.5 Credits CT - General: 1.5 Credits FL - General: 1.5 Credits GA - Self Study: 1.5 Credits IL - General: 1.5 Credits IN - Distance Education: 1.6 Credits KY - General: 1.5 Credits NC - General: 1.5 Credits NH - General: 1.6 Credits NY - General: 1.5 Credits OH - Self Study: 1.5 Credits SC - General: 1.6 Credits TX - General: 1.5 Credits UT - Self Study: 1.5 Credits VA - General: 1.5 Credits
Legal Ethics: The Limits of Aggressive Counsel Details
Price:
$19.99
Course Description
In this presentation Barry Kaye and Alan F. Broidy will discuss different issues that come up from professional responsibility angles, as well as statutory issues of malicious prosecution that could arise in the context when attorneys go beyond what they should be doing in their required ethical bounds. They will explore what role the attorney should be playing in terms of devising novel legal arguments. They will take look at what the courts say, as well as the existing codes of professional conduct.
Course Agenda
What is the limit?
Rules of Professional Conduct
Example
Elements of Malicious Prosecution
Drawbacks of Malicious Prosecution
Abuse of Process
No Malice?
The Franklin Mint (Manatt) Case
The Courts and Franklin Mint
Practicing outside of competency
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.2 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits MO - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
Barry Kaye
Barry Kaye, Esq. is a member of the faculty at Berkeley Law (Boalt Hall) and an innovative and detail-oriented attorney with a reputation for bringing people together and structuring complex transactions. His entrepreneurial character and versatile skill set have allowed Mr. Kaye to move deftly between the law and business and weave a unique, well-diversified practice. Mr. Kaye's professional history shows experience and expertise in three main areas: intellectual property, real estate and business. After graduating from law school, Mr. Kaye clerked for U.S. District Judge A. Andrew Hauk in Los Angeles.
Following his clerkship, Mr. Kaye joined Hennigan, Mercer & Bennett, where he was part of the team that successfully represented Orange County in their bankruptcy and securities litigation. His areas of practice currently include real estate, intellectual property and general business transactions and litigation. He has also developed an expertise in the state and federal "Do Not Call" regulations. In addition to practicing law, Mr. Kaye maintains a profile in the real estate and finance worlds. He earned his JD in 1994 from the Benjamin N. Cardozo School of Law and is an active member of the California and New York bars.
Professional Liability Insurance veteran Paul Dorroh provides information of vital importance to every practitioner. This program covers all the basics about why and how to purchase malpractice insurance, how to best purchase it and how to properly manage it.
Why buy malpractice insurance? Statistics indicate that the frequency of claims averages about 4% - similar to personal auto insurance, so it is not that unlikely to encounter a claim over the course of a legal career. You need to protect yourself, your clients ? and client relationships, avoid embarrassing disclosure of lack of coverage and meet specific insurance requirements of clients.
How to Buy: Learn the difference between use of a broker or buying direct, how to evaluate insurers, how to compare quotes and coverage, how to complete an application and how to choose limits of liability and coverage. Learn how to manage your policy when there are changes in your practice, how to report ?claims,? how to handle renewals and possible availability of Tail Coverage.
Course Agenda
Why buy malpractice insurance?
Protect yourself
Protect your clients - and client relationships
Avoid embarrassing disclosure of lack of coverage
Rule 3-410 Disclosure of Professional Liability Insurance
"A member who knows or should know that he or she does not have professional liability insurance shall inform a client in writing, at the time of the client's engagement of the member, that the member does not have professional liability insurance whenever it is reasonably foreseeable that the total amount of the member's legal representation of the client in the matter will exceed four hours."
Meet insurance requirements of clients: Businesses, governmental agencies and sophisticated individuals often have specific requirements for minimum amounts of professional liability insurance.
How to Buy Malpractice Insurance
Agent or broker vs. direct from insurer
Evaluating insurers
Co-Evaluating Policy Coverage
Completing an application
What is covered - errors and omissions vs. malpractice - is there a Who is covered - read this section carefully!
Exclusions - some traps for the unwary
The "Discovery Clause" and a common misconception
Who is covered - The obvious: current sole proprietor, shareholders, partners and employees, prior shareholders, partners, employees (but usually only while acting within scope of duties on behalf of Named)
The less obvious: What about of counsel, contract attorneys, firms, attorneys associated for specific matters
Exclusions - some traps for the unwary.
Definitions: This section can carve out other exceptions and limitations on coverage. For example, disgorgement or reduction of legal fees charged to the claimant is often carved out by the definition of The "discovery clause" and a common misperception
Choosing limits of liability and deductibles
Limits of liability - each claim and annual aggregate
Deductibles - each claim, loss only and aggregate
Prior Acts - what's possible and what's not
Managing your policy
Changes in your practice: Adding/deleting lawyers, merging practices.
Changes in Areas of Practice
Reporting "claims." Is it a claim? Does the insurer offer a "hotline" for confidential advice? Insurer's claims personnel may also offer guidance whether to report.
Renewals - when to shop around
Premium increases
Insurer status changes, e.g. financial downgrade
Coverage restrictions
Test the market periodically
Be aware of potential loss of "free tail" benefit
Understanding claims made premiums
Tail coverage: What is it? Extra time to report claims after final policy termination - either a finite or unlimited time. When is it an Issue? Do I need it? What does it cost?
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.3 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.26 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.26 Credits
Course Presenter(s)
Paul Dorroh, Esq.
B.A., U.C. Berkeley
J.D. Boalt Hall, U.C. Berkeley
Active Member, the State Bar of California
Licensed Insurance Agent-Broker in California
Retired Senior Vice President, Marsh U.S. Consumer, a unit of Marsh & McLennan Companies, managing sponsored lawyers? professional liability insurance programs for a number of State Bar associations.
Nearly 40 years of experience in designing, forming and managing professional liability insurance captive companies and commercially underwritten professional liability insurance plans for professional association of attorneys, physicians, dentists, allied health professionals and real estate professionals.
Contact Information:
Paul E. Dorroh
Attorney at Law
144 York Avenue
Kensington, California 94708
Lawyers dealing with workplace issues need to know about labor law. It is a fundamental and common mistaken belief that if workers are not represented by a union, the labor laws do not apply.
While the vast majority of private sector employees, today, work without union representation, they are still covered and protected by labor laws. Labor lawyers and employment lawyers need to know about the rights of employees under the National Labor Relations Act in order to understand the rights and duties of employees, employers, and labor unions. This program will help labor and employment lawyers identify issues which may be regulated by NLRB in advising and representing their clients in this growing area of practice.
The course will provide information on a number of topics. The National Labor Relations Act and the rights it creates for employees in Section 7. The importance and expanding notion of protected concerted activities protected by Section 7. The applicability of protected concerted activity rights in union represented and unrepresented workplaces. The representation election process administered by the National Labor Relations Board (NLRB). New rules for the election process enacted by the NLRB, which took effect in April 2015. The respective rights and duties of employees, employers, and labor unions in the election process. NLRB's role in investigating and prosecuting both employers and labor unions for unfair labor practices when an employer or union is accused of violating employee rights.
Course Agenda
Representation of Employees: Overview
Representation of Labor Unions: Overview
Representation of Employers: Overview
What Does NLRB Protect? Overview
NLRB in California
The NLRB?s Job
Representation Cases
NLRB Election Timetables and Cases
Post-Election Issues
Unfair Labor Practices Cases (Multiple)
Emerging Issues
Resources
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 1.1 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.3 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits NH - General: 1.08 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.08 Credits WA - General: 1.0 Credits WV - General: 1.3 Credits
Course Presenter(s)
Thomas A. Lenz
Experience
Thomas Lenz is a senior partner handling all aspects of labor and employment law issues from the firm's Cerritos and Pasadena offices. He heads the firm's traditional labor and National Labor Relations Board practice. He works with employers in all major industries across California and the West. He currently services on the Executive Committee of the Labor and Employment Section for the State Bar of California. Tom began his law practice with the National Labor Relations Board, Region 21, in Los Angeles, where he investigated and tried unfair labor practice cases, ran workplace elections, and acted as an administrative hearing officer. Tom was assigned difficult cases, including numerous charges involving SEIU's Justice for Janitors campaign activity throughout Los Angeles, and the majority of his cases required work in the Spanish language. He received a formal commendation for his performance from the Agency's General Counsel.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
Course Price:
$19.99
Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence
Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence Details
Price:
$19.99
Course Description
The California State Bar has recently added important new components to the required course previously known as "Prevention, Detection and Treatment of Substance Abuse and Emotional Distress." The new definition of this course, "Prevention, Detection and Treatment of Mental or Physical Issues that Impair a Member's Ability to Perform Legal Services with Competence," reflects the need to consider the bigger picture of the pressures which lawyers face on a daily basis in their practices, as well as the physical and mental issues which may impair competence, such as depression, age and natural cognitive decline.
In this HD Video program attorney Steven A. Nielsen focuses on the mental changes that occur over a career. The normal aging process results in cognitive decline, and Mr. Nielsen suggests that a colleague or two keep tabs on each other, including those at large law firms. He discusses the presence of dementia and what to do should it arise, and provides links to resources on how to sell or close a practice should this occur. Other simple tips include the use of a lawyer's skills as a problem solver to help neural plasticity and memory, such as playing bridge, crossword puzzles and hobbies, physical activity in the office as well as outside and an improved diet. He also takes aim at the rise of constant electronic messages or other electronic interruptions and the damage this can have, and suggests how "Interruption Management" can help effectiveness and productivity. Mr. Nielsen's remedies and tips offered are not extreme, but are important as they can be easily implemented. This program will help attorneys improve the efficiency and enjoyment of their practices and increase awareness of cognitive issues and possible diminution of competence.
Course Agenda
What are we going to learn?
Genesis of MCLE Requirement
Substance Abuse? Been there, done that..
Depression ? A Kingpin of Disaster
The New ?Other? Categories of Impairment
Mental Issues
Physical Issues
What can we do? Prevention/Detection/Treatment
Why Are We Here Today?
To Keep our License to Practice Law
To Consider Ways to Live Life to the Fullest and to Consider Ourselves as a Whole
Avoid ?Junk Science? and figure out the state of the art
Consider the bigger picture as now encouraged in Rules of the State Bar of California Title 2. Division 2.
Division 2. Rights and Responsibilities of Members
Substance Abuse
What can we add?
How does it start?
Detection
Treatment?
Mental Impairment ? Mental illness
Depression ? Kingpin of Impairment?
Depression ? Effect on the New Other Issues
Prevention/Detection/Treatment
Mental Issues
Age ? The Great Thief
Dementia Happens
When Dementia Happens
Avoid ?natural? cognitive decline
Avoid Negative Mental Conditioning
Twitch and Click will change your brain
Constant interruptions are a mental impairment
Stop Interruptions to decrease mistakes
Old World / Kaiser Focus
Are you as focused as a Kaiser worker?
Our mind does not want to go back to work after an interruption
What was focus in the Old World
Consider Interruption Management
Prevention/Detection/Treatment
Physical issues that impair
Sitting is the new smoking
Improved eating and activity does not need to be extreme
Course Credit per State
AK - : 1.0 Credits AZ - : 1.0 Credits CA - Competence Issues: 1.0 Credits CO - : 1.2 Credits FL - Mental Illness: 1.0 Credits IL - Mental Health - Substance Abuse : 1.0 Credits MO - Self Study: 1.22 Credits MT - : 1.0 Credits ND - : 1.0 Credits NY - General: 1.0 Credits PA - : 1.0 Credits VT - Self Study: 1.0 Credits WA - : 1.0 Credits WV - Ethics: 1.22 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
Course Price:
$19.99
Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know About Privacy Law
Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know About Privacy Law Details
Price:
$19.99
Course Description
No matter what kind of law practice you have, you need to comply with privacy laws generally and lawyers' ethical duties with respect to privacy, specifically. In this presentation, legal ethics counsel Sarah Banola (Cooper, White and Cooper, LLP) and employment and privacy attorney Diana Maier (Law Offices of Diana Maier) deliver a primer on privacy law and teach you the key areas of privacy law and associated ethical obligations.
Course Agenda
What Is Privacy Law?
What Is Privacy Law?
Why Is Privacy Law So Hot Right Now?
Why Is Privacy Law So Hot Right Now?
How Do We Practice Good Privacy?
Issue Spotting for Privacy Violations
Privacy Practices for Attorneys
Privacy Practices for Attorneys ? The Risks Of Noncompliance
Law Firms Are Not Immune
Sensitive Client Data Collection by Firms
Storage of Personal Information
Data Retention & Destruction
Ethical Obligations
Duty of Confidentiality ? California Law
Duty of Confidentiality ? Model Rule 1.6
Duty of Confidentiality And Use Of Social Media
Duty of Communication
Ethics Opinions
Cloud Computing
Privacy Practices for Attorneys - Service Provider Management
Privacy Practices for Attorneys ? The Risks of Noncompliance With Fiduciary Duties
Checklist
Resources
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits NH - General: 1.0 Credits NJ - General: 1.2 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Diana Maier
Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.
Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.
Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.
In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.
Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.
Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.
You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.
Sarah J. Banola
Sarah Banola is a senior counsel in the litigation department at Cooper, White & Cooper LLP's San Francisco office. She concentrates her practice in the areas of employment law and professional responsibility. Her employment law background includes defense of claims of discrimination, wrongful termination, harassment and wage and hour violations. Ms. Banola also counsels clients on employee separations, severance agreements, classification of employees as exempt or non-exempt, disability, leave and accommodation issues, and personnel policies. She has represented employers in proceedings before the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the Workers' Compensation Appeals Board, the Employment Development Department, the California Labor Commissioner, the Division of Occupational Safety and Health, and the National Labor Relations Board. Ms. Banola also represents lawyers and law firms in matters related to legal ethics, legal negligence, attorney-client fee disputes, professional discipline, State Bar admission, conflicts of interest, disqualification motions and law firm break-ups.
She earned her B.A. from Grinnell College in 1999 and her J.D. with honors in 2002 from Rutgers School of Law-Newark and was inducted into the Order of the Coif. While at Rutgers, Ms. Banola served as an Articles Editor for the Computer and Technology Law Journal and Vice Chair of the Public Interest Law Foundation. She also was the recipient of the second place award for the California Western Law Review Intellectual Property Writing Competition.
After law school, Ms. Banola served as a law clerk to the Honorable Louisa S. Porter, Magistrate Judge for the Southern District of California, and as a law clerk to the Honorable James J. Petrella, Presiding Judge of the Appellate Division for the Superior Court of New Jersey. Prior to joining Cooper in May 2007, Ms. Banola was a commercial litigation associate at Simpson Thacher & Bartlett LLP's Palo Alto office.
Ms. Banola is a member of the State Bar of California, the Bar Association of San Francisco, and the Association of Professional Responsibility Lawyers. She serves as Vice Chair of the Bar Association of San Francisco's Legal Ethics Committee and volunteers with the Bar Association of San Francisco's Consumer Debt Defense and Education Clinic. She served as a co-chair for the Queen's Bench Amicus Briefs Committee in 2008. She is admitted to practice before the United States District Courts for the Northern and Eastern Districts of California and before the Ninth Circuit Court of Appeals.
Course Price:
$19.99
Protecting Minors: Human Trafficking, Child Exploitation & the Law
Protecting Minors: Human Trafficking, Child Exploitation & the Law Details
Price:
$19.99
Course Description
This session explores the current landscape ? legal and social - of the issues surrounding child exploitation and domestic minor sex trafficking (DMST). Providing an overview for attorneys to become aware of the concerns, resources and legal recourses to help assist their clients and their community in finding resolutions to this important subject. Topics include: Federal Trafficking Victims Protection Act and its reauthorizations; state laws and Polaris state ratings regarding legislation to combat DMST; review of various surveys and research regarding DMST, the business and the victims; tips as to what lawyers can do and how they can help; and resources to assist.
Course Agenda
Overview
Setting the Context ? What is DMST?
The Victim
The Traffickers
as a Business
Social Change
Attorneys and this Issue
Resources
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits ND - Self Study: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
This presentation by Rachel L. Hulkower from CDC will address the legal principles framing the collection, use, and release of health data for public health activities, including issues such as privacy, confidentiality, HIPAA, and data use agreements.
Course Agenda
Public Health Law Program
Privacy, Confidentiality, Security, and Authorization - Untangling the Legal Issues
Sources of Data - Disease Surveillance, Reporting, and the Law
Uses of Data - State Authority to Investigate and Control Disease Outbreaks
Disclosure of Data - Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule
Data Use Agreements
Course Credit per State
AL - On-Demand: 1.3 Credits AZ - General: 1.25 Credits CA - General: 1.25 Credits FL - General: 1.25 Credits GA - Self Study: 1.3 Credits IL - General: 1.25 Credits IN - Distance Education: 1.3 Credits ME - Self Study: 1.25 Credits NC - General: 1.25 Credits NH - General: 1.25 Credits NY - General: 1.0 Credits OH - Self Study: 1.25 Credits SC - General: 1.25 Credits TX - General: 1.25 Credits UT - Self Study: 1.0 Credits VA - General: 1.0 Credits
Patent trends are not only of interest to registered patent attorneys. While only registered patent attorneys may file patent applications for others, ANY attorney may try a patent case: In addition, patents are in the news on a daily basis, and those who are knowledgeable can better serve existing clientele and attract new clients. In this program, Mr. Nielsen reviews the recent flurry of important new laws and cases and discusses and their potential impact in the years ahead.
Course Agenda
First to File vs. First to Invent under the New AIA Act
The Death of Means Plus Function Claim Limitations
Doctrine of Claim Equivalents On the Rise to Expand Patent Liability
Do Patent Trolls or Non Practicing Entities Create a Valuable Secondary Market for Patents?
Filing Patent Applications in Other Countries Introduction and Overview and Patent Trends
The America Invents Act: Amends 35 USC et seq. ?First to File.? Other AIA Highlights
The Death of Means plus Function Claim Limitations: 35 USC Sec. 112(f)
Doctrine of Claim Equivalents On the Rise to Expand Patent Liability: 50% Reversal Rate of District Court
Do Patent Trolls or Non Practicing Entities Create a Valuable Secondary Market for Patents?
Filing Patent Applications in Other Countries: Strategies and Costs: Placeholders, WIPO, Patent Cooperation Treaty (PCT), European Patent Office (EPO)
Practice Pointers plus Q&A ? Why some claims are rejected, know the rules and how the system works to avoid rejection. Tips for clients.
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits FL - General: 1.0 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
In this course, attorney David Graulich will discuss ways to reduce bias with better decision making. David will begin by explaining what bias is, and how bias in the legal profession affects society. He will discuss Title VII of the Civil Rights Act of 1964, which is the primary anti-bias weapon in the federal arena. Mr. Graulich will then talk about ways to "debias", as well as rules that have been put into place in order to eliminate bias in the legal profession. He will then explain what modern research tells us about bias. In this section, David will discuss logic v. emotion and he will cover two systems that we all utilize when we strive to make a decision, the "Automatic System" and the "Reflective System". David will finish by explaining how to apply what was learned during the course to the practice of law.
Course Agenda
I. BACKGROUND: BIAS IN OUR PROFESSION
What is Bias?
Explicit v. Implicit Bias
Title VII (1964)
28 U.S.C.A § 144 - Bias or Prejudice of Judge
"Ways to Debias"
Age Grading
From Whence Come the Justices?
II. WHAT MODERN RESEARCH TELLS US ABOUT BIAS
Our First "Blink"
Bias = Here, There and Everywhere
Benevolent Bias
Logic v. Emotion
System One v. System Two
Instinctive Thinking
"Black Swan" Fallacy
Judges ALL Believe in Their Objectivity
III. APPLYING WHAT WE'VE LEARNED TO THE PRACTICE OF LAW
Logical Fallacy: Small Sample
Another Look at Sampling
How to Do Better
Be a Discerning Wary Consumer of Media
Overcoming Bias when Making Decisions About Clients
Occupational Stereotypes
Bias During Voir Dire
"I Wanted a Biased Jury"
Don't Use Racial Stereotypes
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits CO - General: 1.2 Credits FL - General: 1.0 Credits MO - Self Study: 1.0 Credits VT - Self Study: 1.0 Credits WV - Office Management: 1.2 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Straight Talk: Social Media Ethics and Attorneys Details
Price:
$19.99
Course Description
This one-hour course will begin with an explanation of why it?s important for attorneys to understand social media and how they can avoid the ethical issues that can arise from the misuse or misunderstanding of social media networks. Deborah Gonzalez will explain how Individuals have lost jobs, been disbarred, been disciplined, lost cases, lost clients, lost money, lost their reputation, lost their good standing in their communities, etc., because they didn?t know how to use social media. Debora will also cover various state bar opinions/statements about social media, as well as specific ABA Model Rules that attorneys should be especially aware of while using social media.
Course Agenda
Why is it important to know this?
What is Social Media?
What Social Media do attorneys use?
Why do attorneys use Social Media?
Social Media in Legal Practice
Social Media and Legal Ethics
Q&A
Course Credit per State
AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.24 Credits FL - Ethics: 1.0 Credits VT - Ethics: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
This programs examines what happens when a business misclassifies workers as consultants or independent contractors (anything other than employees), when under federal or state law they should have been treated as employees of the business.
The instructors examine the risks of misclassification and provide an in depth review of the criteria utilized by various government agencies to determine classification. They also review enforcement issues and discuss current cases which address this highly charged employment law area. In addition, they provide an example of an Independent Contractor Agreement and address the main points which should be included.
Course Agenda
"Misclassification" - What Is It?
Benefits of Using Independent Contractors
Risks
IRS Criteria
Rulings/Risks/Pitfalls
Determinations/Rulings
How Do I Know If a Worker is Properly Classified?
Independent Contractor vs. Employee Factors
Independent Contractor Agreement
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits MO - Self Study: 1.2 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
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.
Thomas A. Lenz
Experience
Thomas Lenz is a senior partner handling all aspects of labor and employment law issues from the firm's Cerritos and Pasadena offices. He heads the firm's traditional labor and National Labor Relations Board practice. He works with employers in all major industries across California and the West. He currently services on the Executive Committee of the Labor and Employment Section for the State Bar of California. Tom began his law practice with the National Labor Relations Board, Region 21, in Los Angeles, where he investigated and tried unfair labor practice cases, ran workplace elections, and acted as an administrative hearing officer. Tom was assigned difficult cases, including numerous charges involving SEIU's Justice for Janitors campaign activity throughout Los Angeles, and the majority of his cases required work in the Spanish language. He received a formal commendation for his performance from the Agency's General Counsel.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
Course Price:
$19.99
The Cyber Threat Landscape: A Clear and Present Danger to Law Firms
The Cyber Threat Landscape: A Clear and Present Danger to Law Firms Details
Price:
$19.99
Course Description
Modern warfare is no longer fought on traditional battlefield terrain. It takes place from behind the lines, from secure buildings and with sophisticated and dangerous weapons of technology. Although U.S. Governmental agencies and large corporations have been the most frequent targets, more and more, law firms have experienced malicious attacks from afar which continue to expose client and other vital law firm information. This program addresses the cyber-warfare landscape, recent cases, common risks and best solutions.
Course Agenda
Case studies
Hacking in General
Cyber-Warfare
State-sponsored and Independent Groups
Theft of Intellectual Property
Preventive Measures for Attorneys, Law Firms, Companies and Clients
Ethical Duty to Zealously Guard Client Secrets: Is your clients? information safe and secure from hackers?
Security Challenges: Advanced Persistent Threat: Review of Data Loss by Particular Industries, Causes and by Country.
The Problem: The Age of the Anti-Virus is gone and presents a false sense of security. Malware, use of valid credentials by intruders, 1 in 5 emails is illegitimate, time from earliest detection of compromise to detection is usually one year, malicious web links grew by 600%, 32% of malicious web links in social media used shortened web links.
Major Threat Types and Security Challenges: Criminal, Hackers (Hacktivists), Economic Espionage and Nuisance (Botnets/Spam). Advanced Persistent Threats: A sophisticated attack that establishes and extends footholds within a targeted organization for the purpose of extracting information and; pursues its objectives repeatedly, adapts to defenders efforts to resist it and is determined to execute its objective.
How to Detect Threats: The Risk of Personalization and Mobile Security.
Cloud Security, Ransomware (?Trojan?), Smart Phone and Apps: Risky Browser analysis and comparisons, helpful tools for protection against cyber-attacks.
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Albert Barsocchini
Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
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
AZ - Ethics: 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 NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits TX - 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.
Model Rules of Professional Conduct 1.1 provides that "(a) lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." Experienced Discovery Counsel Albert Barsocchini discusses the evolution of Ethical Rules to now embrace developments in the world of E-Discovery. For example, Best Practices, as discussed, include the duties to know e-discovery or find someone who does, to guard against destruction of potentially relevant data, to disclose relevant non-privileged information without producing privileged material, to manage the process as well as the client, to cooperate with adversaries to address e-discovery issues and to communicate and document. He discusses the Federal Rules of Civil Procedure, Model Rules of Professional Conduct and California Bar Rules which implicate Ethical Obligations and offers numerous recommendations on how to meet ethical obligations in the e-discovery process, the duty to supervise vendors, how to avoid conflicts, confidentiality challenges and discovery goals. This program is a fast-paced and comprehensive overview of e-discovery ethical rules and obligations, coupled with concrete, sage advice from one of the nation?s foremost experts in this subject.
Course Agenda
E-Discovery and Attorney Misconduct
E-Discovery Best Practices
FRCP and Model Rules of Professional Conduct (RCP) as basis for ethical conduct in litigation in federal courts.
Evidence Suppression
RPC - Candor
RPC - Mining for Metadata
RPC - Inadvertent Disclosure
California State Bar Ethics Opinion 11-0004: The Opinion addresses the impact of E-Discovery on a lawyer?s duty of competence. Multiple recommendations,
Duty to Supervise E-Discovery Vendors and to understand the offshore legal process.
Avoiding Conflicts
Confidentiality Challenges
Discovery Goal
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.2 Credits FL - Ethics: 1.0 Credits MT - Ethics: 1.0 Credits ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits VT - Ethics: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
Albert Barsocchini
Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
The Five Fundamentals of Federal Employment Law Details
Price:
$24.99
Course Description
In this course, attorney David Graulich will cover the five fundamentals of employment law. He begins by discussing title 7 of the Civil Rights Act, which basically begins the modern era of employment law. He will then will move on to cover at will employment, who is an employee? (employee vs. independent contractor), exempt or non-exempt? and the large area of leaves of absence law under the federal venue.
Course Agenda
1. Title 7 of the Civil Rights Act
Begins the modern era of employment law
First major move into regulating the private workplace
Race and gender discrimination
Equal Employment Opportunity Commission & right to sue letters
Griggs v Duke Power Co, 401 US 424 (1971)
EEOC v Abercrombie & Fitch
Shifting burdens in litigation
2. At Will Employment
3. Who Is an Employee?
Employee vs Independent Contractor
Common law agency test
Economic realities test
IRS rules & case law
Employment laws only protect employees
4. Exempt or Non-Exempt?
Why is this important
Brain vs Muscle framework
50% rule ? exempt vs non-exempt tasks
5. Leaves of Absence Law
Family medical leave act
Sexual harassment in the workplace
Course Credit per State
AL - On-Demand: 1.3 Credits AZ - General: 1.25 Credits CA - General: 1.25 Credits CT - General: 1.25 Credits FL - General: 1.0 Credits IL - General: 1.25 Credits NH - General: 1.28 Credits NJ - General: 1.5 Credits NY - General: 1.5 Credits PA - Distance Learning: 1.5 Credits TN - General: 1.28 Credits WA - General: 1.25 Credits WV - General: 1.54 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
The Reduction of Bias in the Legal Profession Details
Price:
$19.99
Course Description
Attorney Steven A. Nielsen offers a fresh look at bias in the legal profession. Does a mere study and rote following of state bar rules address the larger issues? Mr. Nielsen notes that, in general, the reasons for our bias problems have been a taboo subject. He offers a candid assessment of the nature of bias and discrimination and how they have evolved in society and throughout history. He poses the question: is it realistic to expect a complete ?Elimination? of bias in the legal profession, or does it make more sense to understand the forces at work in human nature and to implement common sense steps to ?Reduce? bias and discrimination in the law office environment.
Course Agenda
WHAT IS DISCRIMINATION?
DO WE LEARN HATE?
ADVANTAGES OF BEING IN A GROUP
GROUP STUDY DATA AND EXPERIMENTS
IS GROUP THEORY SUPPORTED BY CURRENT EVENTS?
GROUPS OR TRAITS TO CONSIDER IN THE REDUCTION OF BIAS IN THE LEGAL PROFESSION
THE PROTECTED CLASSES ARE JUST A START
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Elimination of Bias: 1.0 Credits CO - Ethics: 1.2 Credits FL - Ethics: 1.0 Credits MT - Ethics: 1.0 Credits ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits VT - Self Study: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.0 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
In this program seasoned attorney and Chief Compliance Officer Charles A Christofilis provides attorneys with an overview of the laws and rules which govern the area of compliance, the many legal areas in which the compliance officer must operate, the "four pillars" of compliance, and numerous case examples in which inadequate compliance has resulted in major adverse consequences for companies.
He addresses how to develop. Implement and test a Compliance Program in virtually and industry, and does a deep dive into the financial services and public company space. Specifically, the roles of the SEC and other agencies, the Investment Advisers Act, the Anti-Money Laundering provisions under the Patriot Act (with numerous examples), the FCPA and the necessity of internal audits and mock examinations.
Finally, he concludes with how to manage regulatory examinations and investigations as opposed to more traditional civil or criminal litigation, and respond to compliance failures from a crises management perspective when they occur.
Course Agenda
Why Compliance is increasingly important
How to develop, implement and test a Compliance Program;
Financial, Healthcare, IT and Public company (SOX) Implications)
Four Pillars of Compliance:
Controls;
Testing;
Ownership; and
Training.
Annual Review Process;
Liability / Conflicts;
Civil, Criminal and Reputational Implication / Crises Management.
Course Credit per State
AK - Voluntary: 2.0 Credits AL - On-Demand: 2.0 Credits AZ - General: 2.0 Credits CA - General: 2.0 Credits CO - General: 2.34 Credits CT - General: 2.0 Credits FL - General: 2.5 Credits IL - General: 1.75 Credits MO - Self Study: 2.34 Credits MS - General: 2.0 Credits NH - General: 2.0 Credits NY - General: 2.0 Credits TN - General: 1.95 Credits WA - General: 2.0 Credits WV - General: 2.34 Credits
Course Presenter(s)
Charles A. Christofilis, Esq.
Charles A. Christofilis, Esq. has served as Chief Compliance Officer (?CCO?), Senior Counsel and/or General Counsel for Investment Advisers and Broker-Dealers for over a decade. Mr. Christofilis received a J.D. from Touro Law, an MBA in finance from the University of San Francisco a Bachelor?s degree in management from Pace University in New York and is a Certified Anti-Money Laundering Specialist. Mr. Christofilis is an attorney admitted to the bars of New York, New Jersey and California (CA In-House Counsel) and has Series 7, 63, 24, 79 and 27 designations from FINRA.
Course Price:
$39.99
What Every Lawyer Should Know About Cyber Security
What Every Lawyer Should Know About Cyber Security Details
Price:
$19.99
Course Description
This informative presentation will cover current cyber security risks that affect today's attorneys, their firms, and clients. Deborah Gonzalez will begin by covering the basics of online security before delving deeper into the major cyber threats awaiting attorneys and their firms in a new and fast changing digital world. She will discuss critical issues, such as the importance of cyber security awareness, so that attorneys will have a better understanding of cyber vulnerabilities, as well as what security measures they can take to minimize risk and provide a reasonable level of security. Deborah will also cover issues such as ethical obligations, which may be compromised by a lack of understanding or preparation when it comes to protecting sensitive, confidential information.
Course Agenda
Setting the Context
How many lawyers out there log into secure accounts while using the free Wi-Fi at a local coffee shop?
How many click on links in emails that say "Is this really a picture of you?!!"
How many use an easy-to-guess password?
How many don't bother to log out of their office computer while they go to lunch?
How many leave it open overnight?
How many use the same easy-to-guess password for all their online accounts?
New world full of digital threats:
Breaches, Hacks, Social Engineering
Online risks:
Reputational, Operational, Legal
Consequences:
Financial, Compliance Penalties, Loss of Trust
What are you protecting?
Case and/or litigation strategy information
Confidential client business information
Attorney-client privileged communications and other legally privileged information
Client intellectual property
A range of personally identifiable information (PII) of all kinds for employees, clients and third parties and
Financial information, i.e. payment card information
Who creates the risk?
You
Your partners
Other attorneys/associates in your firm
Opposing Counsel
Interns/Clerks (Students)
Paralegals
Other Staff in your firm
Clients
Thieves
Hackers
Crackers
Cyberterrorists
Cyber Smearers
Competitors
Industrial Spies
Foreign Governments
Our Government - NSA
Politicians
Unknown Entities
I'm too Small Defense
"Size" is not the answer.
This is an issue for big firms, mid-size firms, small firms and solo practitioners.
It is not about us - it is about our clients - and all size firms have all size clients.
According to a study conducted by Symantec, whenever your laptop, USB thumb drive, or smart phone's data is
breached (i.e., your client's data), it costs on average $136 for each record that is stolen or $5.4 million per incident.
Address Disclosure Obligations and Appropriate Communications
Guide Participation in Public-Private Partnerships and Law Enforcement Interactions
Achieve Regulatory Compliance
Provide Counsel to Cyber-security Program
Prepare to Handle Incidents and Crisis
Manage Cyber-security Related Transactional Risk
Effectively Use Insurance
Monitor and Strategically Engage in Public Policy
Discharge Professional Duty of Care
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.3 Credits CT - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.3 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.3 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
In any kind of business, there is a chance that employers will be required to investigate one or more employees at some point for allegations of misconduct such as discrimination or sexual harassment. A properly conducted workplace investigation is not only legally required but can also go a long way in protecting companies and mitigating risks for future problems.
In this webinar, Marin County, California attorneys Diana Maier and Beth Arnese go over the key things to know about workplace investigations so that you can garner the maximum legal protection such investigations may provide.
Topics addressed include when to investigate, how to prepare for an investigation, how to interview witnesses, how to prepare a written report, what to do after the investigation, and overall best practices for investigations.
Course Agenda
Why Do You Have to Investigate?
What Triggers the Duty To Investigate?
Benefits of An Investigation (Under California Law)
Benefits of An Investigation (Under Federal Law)
What Happens If You Don?t Investigate?
Attorneys as Investigators
Internal Personnel as Investigators
Ethical Issues to Understand
Privacy Issues
Before The Investigation: Preparation
Admonitions to The People You?re Interviewing
Interviews
How to Effectively Interview
How to Effectively Interview, Cont.
Where to Conduct the Interviews
Note-Taking During Interviews
Witness Statements
Steps to Take After Interviews Are Done
When Do You Want a Written Report?
Drafting The Report
Corrective Action Following the Investigation
Some Considerations
(If Discrimination or Harassment Took Place)
Investigation Best Practices
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Diana Maier
Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.
Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.
Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.
In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.
Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.
Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.
You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.
Beth Arnese
Beth Arnese received her J.D. from UCLA Law School in 2005. She practiced law for over 10 years, at both large firms and for the public sector, before joining the Law Offices of Diana Maier in 2016. She specializes in litigation as well as employment and privacy law. Beth also conducts workplace investigations.
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