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.
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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.
Florida CLE Course Catalog
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10 Legal Considerations for Starting and Running a Medical Practice
10 Legal Considerations for Starting and Running a Medical Practice Details
Price:
$19.99
Course Description
In this fast-paced and highly informative program, the speakers address core issues with which attorneys who may be involved with medical practitioners must be familiar. These include how to help limit liability exposure, choice of business entity, supervision issues, compensation, Contracts 101 (HR and more), Intellectual Property, legal issues regarding marketing and how to avoid and/or best resolve disputes with patients. Also discussed are recommended asset protection and estate planning strategies and common asset protection mistakes which medical professionals need to be aware of and avoid.
Course Agenda
Limiting Your Liability
Supervision Issues
Compensation
Contracts 101
Intellectual Property
Marketing Legal Issues
How to Avoid Disputes
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits ME - Self Study: 1.0 Credits MO - Self Study: 1.0 Credits MT - Self Study: 1.0 Credits NH - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits SC - General: 1.05 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
Course Price:
$19.99
A Practical Approach to Asset Protection and Bankruptcy
A Practical Approach to Asset Protection and Bankruptcy Details
Price:
$19.99
Course Description
Attorneys Steven R. Fox and Jacob Stein provide insight into Bankruptcy, and how to protect assets in the event of one. Fox provides a practical approach to a sensitive subject. He discusses the different options, and the pros and cons of each. He then focuses on key elements, rounding up with potential pitfalls to avoid. Stein answers the big question, is there life after bankruptcy? He provides an overview of Asset Protection before delving into the structures and strategies best used in the event of a bankruptcy.
Course Agenda
ASSET PROTECTION
Debt Collection
Fraudulent Transfers
Planning in Context of Marriage
Entity Planning
Choice of Entity
Planning with Trusts
Foreign Trusts
Retirement Plans
Comprehensive Examples
BANKRUPTCY
The Twin Purposes of Bankruptcy
Chapter 7 Liquidation and Its Essentials
Chapters 11 And 13 Reorganization
Objecting to The Dischargeability Of A Specific Debt. Section 523
Objecting to the Discharge of All Debts. Section 727
Property of The Bankruptcy Estate. Section 541
Property of The Bankruptcy Estate. Section 541
The Automatic Stay. Section 362
Fraudulent Conveyances, Preferential Transfers and Other Avoiding Powers. Sections 544 To 551
Mistakes on The Road to Bankruptcy
Signs A Business Headed on The Road Toward Bankruptcy
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
Steven R. Fox
Steven R. Fox is active in professional organizations relevant to his practice and is a leader in the legal community. He chairs the Bankruptcy Section of the San Fernando Valley Bar Association where he is known for presenting timely and compelling programming. He is a member of the Los Angeles Bankruptcy Forum, the American Bankruptcy Institute and the National Association of Consumer Bankruptcy Attorneys. In the early 2000s, recognizing a need for new attorneys practicing consumer bankruptcy law to have a forum to learn and to grow in their field, Mr. Fox became one of the founders of the Central District Consumer Bankruptcy Attorneys Association in Los Angeles.
There is a multitude of issues that drive a cross-border business transaction. Sale of shares versus sale of assets; statutory mergers; joint ventures; security for enforcement of representations and warranties; governing law and venue; earn-outs and holdbacks; restrictions on foreign ownership; due diligence; local customs; privacy and many other. Most non-tax considerations are not country specific. They are driven by the economics of the deal and the negotiating position of the parties. When a transaction touches the U.S., tax has the center-stage.
From a U.S. standpoint, none of the other issues are as important as the tax consequences. Taxation of an M&A transaction will very often determine the deal structure. The parties can negotiate and agree to all the other terms, but tax will determine how the transaction is structured, what is possible and what is not.
For U.S. tax purposes, cross-border transactions are divided into two classes: inbound (foreigners doing business or investing in the U.S.), and outbound (Americans doing business and investing overseas). The tax rules that apply to inbound and outbound transactions are entirely different. We will examine both, and will then delve into the related subjects of pre-immigration tax planning (foreigners immigrating to the U.S.) and expatriation (Americans emigrating from the U.S.).
Course Agenda
Course Credit per State
CT - General: 1.0 Credits FL - General: 1.0 Credits IN - Distance Education: 1.0 Credits MO - Self Study: 1.2 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
Course Price:
$19.99
ABA Professional Responsibility Client-Lawyer Guidelines
ABA Professional Responsibility Client-Lawyer Guidelines Details
Price:
$29.99
Course Description
The Rules of Professional Conduct created by the American Bar Association are "the gold standard" when making decisions about legal ethics and best practice. These rules have been adapted by most state bars for the benefit of their members. In addition, the Rules are a standard authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this MLCEZ course, David Graulich, Esq. provides a closer look at the ABA Rules that pertain to the attorney-client relationship. What is the division of authority between the client and the attorney? How does an ethical attorney avoid the appearance "or reality -- of conflict of interest" Can an attorney ethically agree to represent a client in an unfamiliar area of law? Can an attorney loan money to a client? Graulich illustrates the rules with real-life examples as well as working through hypothetical ethical questions that typically arise in private practice.
Course Agenda
Introduction
Competence
Client-lawyer relationship
Diligence
Communication
Fees
Confidentiality of information
Conflict of interest
Duties to former clients
Imputations of conflicts of interest: general rule
Special conflicts of interest for former and current governmental officers and employees
Former judge, arbitrator, mediator or other third-party neutral
Organization as client
Clients with diminished capacity
Safekeeping property
Declining or terminating representation
Sale of law practice
Duties to a prospective client
Course Credit per State
AK - Ethics: 2.0 Credits CA - Ethics: 2.0 Credits FL - Ethics: 2.0 Credits ND - Ethics: 2.0 Credits NY - Ethics: 2.0 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Course Price:
$29.99
ABA Professional Responsibility Client-Lawyer Guidelines Part II
ABA Professional Responsibility Client-Lawyer Guidelines Part II Details
Price:
$29.99
Course Description
04-19-2018 Recorded date
This class is the second in a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Rule II (Counselor) and Rule III (Advocate). Among the topics covered: ethical guidelines when a lawyer serves as third-party neutral; standards for candor towards the tribunal; fairness to opposing party and opposing counsel; expediting litigation and avoiding delay, and trial publicity. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.
Course Agenda
Rules Overview - Counselor
Rules Overview - Advocate
Rule 2.1 Advisor
Rule 2.2 - Deleted (Moved to Rule 1.7)
Rule 2.3 Evaluation for Use by Third Persons
Rule 2.4 Lawyer Serving as Third-Party Neutral
Rule 3.1 Meritorious Claims and Contentions
Rule 3.2 Expediting Litigation
Rule 3.3 Candor Toward the Tribunal
Rule 3.4 Fairness to Opposing Party and Counsel
Rule 3.5: Impartiality & Decorum of the Tribunal
Rule 3.6: Trial Publicity
Rule 3.7: Lawyer as Witness
Rule 3.8: Special Responsibilities of a Prosecutor
Rule 3.9: Advocate in Nonadjudicative Proceedings
Course Credit per State
AK - Voluntary: 2.5 Credits AZ - Professional Responsibility: 2.5 Credits CA - Ethics: 2.5 Credits CT - Ethics: 2.5 Credits FL - Ethics: 2.5 Credits IL - Professional Responsibility: 2.25 Credits ME - Professional Responsibility: 2.46 Credits ND - Ethics: 2.5 Credits NV - Ethics: 2.0 Credits NY - Ethics: 2.5 Credits PA - Ethics: 2.5 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Course Price:
$29.99
ABA Professional Responsibility Client-Lawyer Guidelines Part III
ABA Professional Responsibility Client-Lawyer Guidelines Part III Details
Price:
$19.99
Course Description
This class is the third in a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Rule IV (Transactions with Persons other than Clients) and Rule V (Law Firms and Associations). Among the topics covered: Truthfulness in Statements to Others; Communication with Persons Other Than Clients; Dealing with Unrepresented Persons; Respect for the Rights of Third Persons, and Responsibilities of Partners, Managers and Supervisory Lawyers. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.
Course Agenda
Course Credit per State
AL - Ethics: 1.1 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits ME - Professional Responsibility: 1.0 Credits NH - Ethics: 1.0 Credits NV - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.13 Credits TX - Ethics: 1.0 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Course Price:
$19.99
ABA Professional Responsibility Client-Lawyer Guidelines Part IV
ABA Professional Responsibility Client-Lawyer Guidelines Part IV Details
Price:
$19.99
Course Description
This class is the fourth in a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Rule VII (Information about Legal Services). Among the topics covered: Communication Concerning a Lawyer's Services, Communications Concerning a Lawyer's Services: Specific Rules, Solicitation of Clients and Political Contributions to Obtain Legal Engagements or Appointments by Judges. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.
Course Agenda
ABA Ethics Guidelines Context
Rules Overview
Rule 7.1 Communication Concerning a Lawyer's Services
Rule 7.2 Communications Concerning a Lawyer's Services: Specific Rules
Rule 7.3 Solicitation of Clients
Rule 7.6 Political Contributions to Obtain Legal Engagements or Appointments by Judges
Conclusion
Course Credit per State
AL - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NV - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits OK - Legal Ethics: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.03 Credits UT - Ethics: 1.0 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Course Price:
$19.99
ABA Professional Responsibility Client-Lawyer Guidelines Part V
ABA Professional Responsibility Client-Lawyer Guidelines Part V Details
Price:
$19.99
Course Description
This class is part of a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Section VIII (Maintaining the Integrity of the Profession). Among the topics covered: Bar Admission and Disciplinary Matters, Judicial and Legal Officials, Reporting Professional Misconduct, Misconduct and Disciplinary Authority; Choice of Law. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.
Course Agenda
Rules Overview ? Maintaining the Integrity of the Profession
Rule 8.1 - Bar Admission and Disciplinary Matters
Rule 8.2 - Judicial and Legal Officials
Rule 8.3 - Reporting Professional Misconduct
Rule 8.4 - Misconduct
Rule 8.5 - Disciplinary Authority; Choice of Law
Further Reading
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.2 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.0 Credits KY - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NV - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Legal Ethics: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.0 Credits TN - Dual: 1.0 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Attorney Jacob Stein offers an in-depth review of trusts in general, specific types of trusts and when and how each may be appropriate. He defines a "Trust" as a private agreement between two people, and the roles of the settlor, trustee and beneficiaries. He then focuses on
irrevocable trusts and necessary special considerations, use of trusts in advanced
tax planning, defective grantor trusts, asset protection generally, how to best structure
asset protection trusts, self-settled trusts and foreign protection trusts. Both in the general
overview of trusts within our legal system and in the specific considerations necessary to
evaluate different types of trusts, this program provides attorneys with information on trusts
which can be of enormous value, both to themselves and to their clients.
Course Agenda
The Basics
Terminology - Types of Trusts
Focus on Irrevocable Trusts
Requirements for a Valid Trust
Trustee - Selection, Duties, Powers
Possible Benefits of Trusts
Special Considerations
GRATs
Income Tax Planning with DINGs
Structuring Asset Protection Trusts
Self-Settled Trusts
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits MO - Self Study: 1.2 Credits NH - General: 1.0 Credits NJ - General: 1.2 Credits NY - General: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
This course is a companion to David Graulich's previous MCLEZ class, FIVE FUNDAMENTALS OF FEDERAL EMPLOYMENT LAW. The issues in this class are drawn from emerging controversies and court decisions in 2016 and 2017. Graulich examines the alarming erosion of privacy in the workplace and how the intrusion into employees? emails and files by employers has become routine. The course will cover the proliferation of local employment laws, enacted by cities and counties, that often contradict or conflict with federal workplace laws. The rise of "the gig economy," with companies such as Uber and Lyft, has created new controversy around the question "what is an employee." Graulich will also discuss how the rise of compulsory arbitration is replacing the jury trial as a venue for resolution of employment cases.
Course Agenda
LOCAL JURISDICTIONS
ARBITRATION
EMPLOYEE OR CONTRACTOR?
PREDICTABLE SCHEDULING
EMPLOYEE PRIVACY IN THE WORKPLACE
Course Credit per State
CA - General: 2.0 Credits FL - General: 2.0 Credits NY - General: 2.0 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Advances in Technology: Protecting the Truth Details
Price:
$19.99
Course Description
With Deepfake videos the ability to manipulate audio, video and images has created a fundamental trust problem and is a major corporate threat. Soon, we literally might not be able to believe our own eyes or ears when trying to detect and deter corporate fraud, for example disgruntled employees creating fake clips of their supervisor or co-employee to undermine them or get them fired, or changing a voicemail recording of what a person said to support a false claim. Additionally, so called "pump and dump" schemes use a combination of fake audios and videos to quickly spread corporate misinformation to impact high-frequency trading algorithms that rely on digital information to make investment calls. In the courtroom sophisticated AI generated images has raised issues related to legal challenges to digital evidence based on authenticity, with similar problems in e-discovery. Of course, the cultural and political ramifications, and privacy and social media concerns about deepfake videos becomes more evident every day.
Course Agenda
What is Ephemeral Messaging?
How is it used today?
What are the legal, regulatory and ethical issues of using ephemeral technology?
What are some appropriate vs. inappropriate use scenarios?
Debate pros and cons
Best practices
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits NH - Ethics: 1.0 Credits NJ - General: 1.2 Credits NV - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits TX - Ethics: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Albert Barsocchini
ALBERT BARSOCCHINI, Esq. is an internationally recognized expert and thought leader in discovery, information governance and digital investigations. He is a past chair of the California State Bar's Law Practice Management & Technology Section. Mr. Barsocchini has over ten years of experience as a first-chair trial attorney and is a California State Bar Special Master and Certified E-discovery Specialist. He is currently Director of Strategic Consulting and Client Advisory Service at NightOwl Discovery.
Course Price:
$19.99
Asset Protection and Estate Planning Under the New Tax Act
Asset Protection and Estate Planning Under the New Tax Act Details
Price:
$19.99
Course Description
Jacob Stein and Michelle Lerman discuss the changes to asset protection and estate planning as a result of the new Tax Act. They will provide an overview of the current legal landscape before delving into how the changes will affect existing practices, potential pitfalls to avoid, and opportunities to take advantage of in the new tax era.
Jacob Stein will discuss asset protection under the new tax act. He will present a practical approach to protecting assets, applying real-life stories to theory. He will discuss strategies and solutions to protecting specific assets like residences, retirement plans, real estate investments and businesses. He will also touch on more sophisticated strategies such as Advanced trust and Offshore structures.
Michelle Lerman will lead the discussion on estate planning under the new tax act. She will provide an overview on choosing the right estate plan, taking advantage of the transfer tax law, using irrevocable trusts to protect assets and much more.
Course Agenda
Threshold Questions
Debt Collection
Fraudulent Transfers
Planning in Context of Marriage
Entity Planning
Choice of Entity
Planning with Trusts
Foreign Trusts
Retirement Plans
Comprehensive Example
New Tax Act
Planning Under the New Tax Law
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
Michelle Lerman
Michelle Lerman is an Estate Planning Attorney who is passionate about helping people reach their estate planning goals. She is a Superlawyer and certified specialist; an author who recently published the 2nd Edition of her book "Create Your Best Legacy; a featured commentator on radio and television, and a sought-after professional speaker.
For the past several years asset protection has been one of the fastest growing areas of law. It is also one of the most controversial - the goal of asset protection is to shield assets from the reach of creditors. Asset protection should simply be about structuring the ownership of one's assets to safeguard them from potential future risks. Most asset protection structures are commonly used business and estate planning tools, such as limited liability companies, family limited partnerships, trusts and the like. Properly implemented asset protection planning should be legal and ethical. It should not be based on hiding assets or on secrecy. It is not a means or an excuse to avoid or evade U. S. taxes. There is no one
'magic bullet' in asset protection. The term 'asset protection' encompasses a number of planning and structuring mechanisms that may be implemented by a practitioner to minimize a client?s exposure to risk. For each client the asset protection solution will be different, depending on (i) the identity of the debtor; (ii) the nature of the claim; (iii) the identity of the creditor; and (iv) the nature of the assets. These are four threshold factors that are either expressly or implicitly analyzed in each asset protection case. The analysis of these four factors determines what planning would be possible and effective for a specific client.
Course Agenda
INTRODUCTION
COLLECTING ON JUDGMENTS
FRAUDULENT TRANSFERS
PLANNING IN THE CONTEXT OF MARRIAGE
USE OF TRUSTS IN ASSET PROTECTION
FOREIGN TRUSTS
ADVANCED PLANNING WITH FOREIGN TRUSTS
CHOICE OF ENTITY
BANKRUPTCY PLANNING
RETIREMENT PLANS
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.0 Credits IN - Distance Education: 1.0 Credits NY - General: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
Course Price:
$19.99
Attorneys and Hi-Tech Communication: A Basic Guide
Attorneys and Hi-Tech Communication: A Basic Guide Details
Price:
$19.99
Course Description
In today's modern workplace, Attorneys need to understand the importance of meeting with clients in a virtual setting. This lecture discusses the ethical and practical reasons to go virtual with meetings and how to accomplish that task, plus tips and troubleshooting ideas for making those online meetings happen as successfully as possible.
Course Agenda
We all know about the internet but?
Why is it important?
ABA MODEL RULE 1.4
Sensitivity to meeting in person
Advantages/Necessities to online meeting
What are the options?
Facebook
Skype
Zoom
Citrix/VPN Apps
Troubleshooting
Things to consider
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.2 Credits KY - General: 1.0 Credits MO - Self Study: 1.0 Credits NJ - General: 1.4 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.13 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
What is "The Cloud"? Who runs it? Where is it? Will it go away? Where is all my information? Is it worth using? These questions and more are discussed in this program which helps attorneys learn about this major development in law technology and also meet ethical obligations to remain knowledgeable in this area, as stated by the ABA.
Course Agenda
What is the "cloud"?
Who runs it?
Where is it?
Will it go away?
Where is all my information?
Is it worth using?
Cloud Benefits
File Sharing
File centralization
"Virtual machines"
Log into system
"Zero Maintenance"
"always on"
No longer have to go to the office
Ethics behind Cloud Computing
ABA Model Rule 1.1 Competence: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
ABA Model Rule 1.6(c), "make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client."
ALL States that offer opinions on Cloud Computing= allowed with "reasonable care"
CA OPINION NO. 2010-179
"Evaluate the nature of the technology, available security precautions, and limitations on third-party access."
"Consult an expert if lawyer's technology expertise is lacking."
"Weigh the sensitivity of the data, the impact of disclosure on the client, the urgency of the situation, and the client's instructions."
Cloud Concerns
Security
Control
What happens if you don't pay on time?
If you decide to cancel, will all the data be permanently deleted?
Trust of vendor
Reliability of Internet connection & speed
Cloud Tasks for Attorneys
Centralized case/matter management
Document management
Time and billing
A hosted Quickbooks or Time Matters system often works better than trying to locally network it between workstations
Scheduling/reporting
Contact management
Conflict checking
Cloud Considerations
What law governs (yours or where the server is?)
How would you be notified if there was a security concern?
You own all the data uploaded, right?
What's the vendor's reputation in the community overall?
Will my data be encrypted? What type?
Duty to Supervise
Duty to Communicate with Client
Managing Cloud Risks
Internal Due Diligence
External Due Diligence; Contracts
Continuous Access to Data
Security, Security Breaches
Termination
Implementation
TRAINING
NEW HIRES
DOCUMENTED INSTRUCTIONS ON RETRIEVING/STORING DATA!
Cloud Computing Services
Dropbox/Box.net for Business
OneDrive Professional
Google Apps for Business (attorneys)
Hosted App Servers (almost any ISP; hostgator, godaddy, amazon, etc.)
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits KY - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Who runs it? Where is it? Will it go away? Where is all my information? Is it worth using? These questions and more are discussed in this program which helps attorneys learn about this major development in law technology and also meet ethical obligations to remain knowledgeable in this area, as stated by the ABA.
ABA Model Rule 1.1 Competence: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
Additional Cloud areas discussed include Centralized case/matter management, Document management, Time and billing, Scheduling/reporting, Contact management, Conflict checking and more.
Course Agenda
What is the "cloud"?
Cloud Benefits
Ethics behind Cloud Computing
Cloud Concerns
Cloud Tasks for Attorneys
Cloud Considerations
Cloud Computing Services
Managing Cloud Risks
Legal Specific Cloud Computing Services
Course Credit per State
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.2 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.13 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
In an overview of his program, attorney Steven A. Nielsen discusses the new definition of the former required program which focused solely on substance abuse and emotional distress, and why it is more relevant and vital to take a 'big picture' approach which considers the multiple pressures which lawyers face in their practices, from physical and
mental issues which may impair competence, such as depression, age and natural cognitive decline, to substance abuse (including cannabis), alcohol abuse and general health. He discusses mental illness, mental impairment and depression and how they may be recognized, and programs which help eliminate the stigma of mental health in the workplace. He then offers a series of practical recommendations, such as limitation of constant interruptions from email, texts and cell phones, which he call "Interruption Management," and a "buddy system" by which attorneys can informally check on each other's practices, such as compliance deadlines and other projects. He also suggests
ways in which lawyers can focus on activities to help keep a sharp focus, how to embrace physical activities with the caveat "sitting is the new smoking," improved eating habits, and how it may be necessary to sometimes say 'no' to new work in order to deliver top quality legal services and to maintain good mental and physical health.
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
Course Price:
$19.99
Competence Issues Relevant to an Attorneys Ability to Perform Legal Services
Competence Issues Relevant to an Attorneys Ability to Perform Legal Services Details
Price:
$19.99
Course Description
In this program patent attorney Steven A. Nielsen discusses the evolution of awareness of the general subject matter of competence as it relates to substance abuse (including new legal medical cannabis), stress, age, dementia and other factors and their relationship to the practice of law. The maxim that "the law is a jealous mistress" can be true if attorneys fail to take a big picture view of the factors at work which can cause physical and mental harm and distract lawyers from enjoyment of their lives and the need to pay attention to their physical and mental health.
This program addresses both the need for awareness of substance abuse, depression,
mental illness, age, cognitive decline and related issues, plus practical, easy to implement
steps to facilitate an enjoyable and effective practice.
Course Agenda
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - Competence Issues: 1.0 Credits CT - : 1.0 Credits FL - Substance Abuse: 1.0 Credits ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
Course Price:
$19.99
Complex Financial Issues Affecting Marital Standard of Living Analysis
Complex Financial Issues Affecting Marital Standard of Living Analysis Details
Price:
$19.99
Course Description
Certified Divorce Financial Analyst Karen Sparks discusses the myriad of financial issues
which are involved in defining the Marital Standard of Living (MSOL) in both Community Property and
Equitable Distribution states. She defines Marital Asset Distribution in the general sense including
the two main general approaches, with examples of statutory guidelines. Her overview of
Marital Standard of Living, (or the lifestyle enjoyed by the parties during the marriage),
defines in detail the terms and the factors which go into the calculations and the process of navigating
complex financial issues, such as investment assets, real estate and deferred compensation and how these
factors are also involved in the calculation of spousal support.
Conflicts of Interest for Nonprofits: Counseling Nonprofit Boards on Avoiding Conflicts Details
Price:
$19.99
Course Description
You've probably heard that "Conflicts of Interests" are bad and that nonprofit boards need to avoid conflicts of interests. But, what exactly is a "conflict of interest", and what should you do if your nonprofit has a "conflict of interest?
Conflicts of interest are not necessarily bad. The important thing is being able to identify conflicts of interest and knowing how to manage conflicts of interests when they arise.
This course on "Dealing with Conflicts of Interests" will define what a "conflict of interest" is; Give specific examples of common types of conflicts of interests that arise for nonprofits; Explain the law on conflicts of interest as it applies to nonprofits; Discuss strategies on how to manage conflicts of interests.
Course Agenda
What are the key fiduciary duties of Board members?
What is a conflict of interest?
Why is it important to be able to identify a conflict of interest?
How should a conflict of interest be addressed?
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits
Course Presenter(s)
Lorri Anne Dunsmore
Lorri Dunsmore has over 24 years of experience representing individuals, businesses and tax-exempt organizations in a variety of charitable, wealth transfer, business succession and federal tax matters. Lorri regularly works with individuals and tax-exempt organizations to address a wide range of tax and state law issues impacting charitable giving, formation of nonprofits and addressing the specialized needs of tax-exempt organizations including private foundation excise taxes, excess benefit transactions, lobbying restrictions, fundraising law compliance, commercial co-ventures and joint ventures. Lorri has spoken and written about numerous issues related to nonprofit governance and compliance matters and has worked with a variety of tax-exempt organizations to provide training for board members and officers. Lorri's practice also includes advising clients on the formation, operation, management and transfer of family business entities. She works closely with families to implement business succession and wealth transfer strategies. Lorri has experience advising privately held corporations, limited liability companies and professional corporations on issues ranging from formation to dissolution.
This course provides a general overview of the use of attorneys to collect on consumer debt using the judicial system and also dives into some subtleties that practicing consumer collection attorneys will encounter. Topics covered include the difference between specializations in Consumer Collections, FDCPA and bankruptcy areas of law; general consumer collections principles; situations where the debtor wants to settle; seeking a default clerk?s judgment, discovery, trial preparation and efforts in enforcement of the judgement.
Course Agenda
What is consumer collections?
Consumer Collections General Principles
Situations Where the Debtor Wants to Settle
Seeking a Default Clerk?s Judgment
Discovery
Trial Preparation
Efforts in Enforcement of the Judgment
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits ME - Self Study: 1.0 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits NH - General: 1.0 Credits NJ - General: 1.2 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TX - General: 1.0 Credits
Course Presenter(s)
Lawrence M. Smith
Lawrence M Smith, Esq. received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Smith is currently working in private practice and resides in Sacramento, California and specializes in Consumer Collections and has over 25 years of experience in this field.
Course Price:
$19.99
Copyright Infringement - Defending Lawsuits and Protecting Assets
Copyright Infringement - Defending Lawsuits and Protecting Assets Details
Price:
$19.99
Course Description
Attorneys Jacob Stein and Scott Lesowitz focus on how to defend infringement lawsuits and protect assets in the event of a lawsuit. Topics addressed include the elements of infringement, Fair Use - an unsure defense, available damages for copyright infringement and the importance of registration, liability for the acts of employees and use of independent contractors, protecting assets in the event of infringement, (actual, statutory and attorney fees), entity structures for ownership of copyrights, foreign entities and collection, jurisdiction over foreign defendants in American courts and collection of damages against foreign entities.
Course Agenda
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits ME - Self Study: 1.0 Credits NH - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TX - General: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
Cryptocurrency: There has been much talk about the use of
cryptocurrencies, such as Bitcoin, as the hot new investment and a fast
way of making money. But it's a very complicated process and has many
pitfalls and challenges legally. This lecture will discuss the creation
and use of cryptocurrencies, along with some of the challenges of trying
to use and maintain cryptocurrencies as a financial tool and/or
investment strategy.
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.
This basic lecture helps attorneys understand the components and roles of the different types of technology available or present in the law office, what to look for as far as stats and performance is concern
Course Agenda
ABA Rule 1.1: Competence
What IS a computer?
What are computers made of?
What are peripherals?
Storage
OPERATING SYSTEMS
Printers & Scanners & OCR
Internet Types + Security
How to get the most out of your computer
Online Meetings
Document Formation
Other Internet uses
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits MS - General: 1.1 Credits MT - Self Study: 1.0 Credits NC - General: 1.0 Credits NY - General: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.0 Credits TN - General: 1.1 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
This program helps attorneys understand the ethical issues which surround cyber security, including protection of client data and advice lawyers should provide businesses and other clients. Mr. Jackman provides real-world examples of the issues raised in the ABA Rules and Opinions, and offers helpful guidance on how lawyers can best understand cyber security, how they can best comply with their ethical obligation to protect client information and to act promptly to stop any breach and mitigate damage resulting from the breach.
As he digs into the subject of cyber security, Mr. Jackman offers an overview of the actors involved with cyber security threats, the scope of the problem and the types of threats prevalent, (hacking, phishing, ransomware), and the risks to capital, property, business continuity, costs of response, damage to brand name, reputation and customer confidence. He discusses the tensions between privacy and security, reviews recent cyber
attacks and analyzes data breaches by types of attacks and the relevant federal regulations. Of interest is a sample security questionnaire which can be utilized to evaluate vulnerabilities and create a breach response action plan with suggested solutions for easy and affordable ways to materially help protect against cyber threats.
Course Agenda
What is Cyber Security?
How did we get here
What are the types of current threats? How big is the risk really?
Who are the targets?
Where is this leading us?
What can I do to protect myself and my business?
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - Technology: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits NH - General: 1.0 Credits NJ - General: 1.2 Credits NY - General: 1.0 Credits TX - General: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Diversity and Inclusion in the Legal Profession Details
Price:
$19.99
Course Description
Attorney Steve Nielsen provides a candid assessment of where the legal profession stands in terms of diversity and inclusion, and reviews what ideas and programs have worked, and some which have not. He walks through and discusses key, topical articles and reviews the current statistical data on diversity and whether or not progress has been achieved. He suggests positive ways in which diversity and inclusion can properly and constructively be discussed in the law office and notes the important role of leadership in discussing diversity and inclusion in the office. Mr. Nielsen offers recommendations on how to effectively enhance inclusion efforts, such as mentoring and networking to help new attorneys, and includes some tips on what policies or strategies may be counter-productive He adds a list of the numerous categories of diversity which exist and which deserve attention to help create a better environment for legal professionals.
Course Agenda
What does the current literature tell us?
A Newer CLE Requirement
Pressure for Law School Ranking Hurts Women
Both Law and Medicine have Diversity Problems
National Association of Women Lawyers (NAWL):
The national Association for Law Placement (NALP) www.nalp.org
A slow and discouraging trend..
From 'Why You Should Insist on Diversity in Your Law Practice": BY SUZIE SCANLON RABINOWITZ, JANUARY 23, 2020
New Reports Are Not Encouraging
Is Mental Health a Point of Diversity?
'Belongingness'
THE DO'S OF DISCUSSING DIVERSITY
THE DON'TS OF DISCUSSING DIVERSITY
Covering the Bases of D and I
New York - Has a Diversity and Inclusion Office (D&I)
A Broader Definition of Diversity
Illinois
Mentoring and Networking Seem to be an Answer
Diversity and Inclusion
Is our definition of 'reaching the top' to be reconsidered?
Is running a solo or small firm considered success?
Bias - A Proposed Big Picture View
A Proposed Big Picture Approach
What is Bias?
Mechanical Bias
Group Bias
What is Discrimination?
Discriminating
Discriminating Tastes
Do we learn hate?
How did we evolve?
Advantages of being in a group
Group Study Data
The Robber's Cave Experiment
Is Group Theory Supported by Current Events?
Groups or Traits to consider in the reduction of bias in the legal profession
The protected classes are just a start
Perhaps broad definitions of 'diversity' are helpful in defining the scope of our anti-bias efforts
Still allowed to judge or discern, but judge with knowledge of the individual
How do we reduce bias?
How do we make everyone feel equal?
The Judge and the Fishing Story
The Skilled Mediator Example
Bias in Action
Can we learn to withhold judgment?
Question Everything
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits CT - General: 1.0 Credits FL - Ethics: 1.0 Credits IL - Diversity and Inclusion: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits NH - General: 1.0 Credits NJ - Diversity Inclusion Elimination of Bias: 1.2 Credits NY - Diversity and Inclusion: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Distance Learning: 1.0 Credits TN - General: 1.02 Credits TX - General: 1.0 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
Effective Workplace Policies and Handbooks Details
Price:
$19.99
Course Description
Policies and Handbooks allow employers to establish guidelines and expectations. When properly drafted these policies are beneficial to both employers and employees, and prevent potential problems. Thomas Lenz discusses a wide range of issues, from the obvious, "do you have written workplace policies" to, are they understandable? In many work environments this requires the policies to be in multiple languages, and some policies are required by law.
Mr. Lenz reviews "at will" employment and numerous hot button issues such as cellular phone usage, electronic communications and social media, and the rules which cover employees' personal use of these technologies, both in and out of the workplace. He reviews harassment policies and general rules regarding proper calculation of hours of work, meal and rest periods and standards of conduct rules. Effective policies allow management flexibility and help create a workplace where Everybody Wins!
Course Agenda
Do You Have Written Workplace Policies?
Big Questions Can Arise When Policies Don?t Reflect Reality
Policies and Handbooks Allow Employers to Establish Guidelines & Expectations
Some Policies are Required by Law
At-Will
Acknowledgment of At-Will
Acknowledgment of Receipt
Bulletin Boards
Cellular Telephone Policy
Confidentiality
Electronic Communications & Social Media
EEO (17 Classifications)
Harassment Policy
Hours of Work
Introductory Period
Meal & Rest Periods
In Closing
Jury Duty
Leaves of Absence
Management Rights
Open Door
Overtime
Recovery Periods
Security
Sick Leave/PTO
Solicitation/Distribution
Standards of Conduct Rules
Time Cards
Vacation
Workplace Violence
You Should Consider Whether Your Policies and Handbook Reflect:
Make Sure that what You Practice is what You Preach
Caveat
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IN - Distance Education: 1.0 Credits NY - General: 1.0 Credits
Course Presenter(s)
Thomas A. Lenz
Experience
Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
Course Price:
$19.99
Ethical Considerations when Screening and Selecting New Clients
Ethical Considerations when Screening and Selecting New Clients Details
Price:
$19.99
Course Description
One of the most important yet overlooked issues in practicing law are the ethical considerations when screening and selecting new clients. If you work in a large law firm with a dedicated research department or work for a small law firm, it is important to understand the rules and nuances of new client ethics. In this course we look at what the ethical framework is that underlies these principles. We first look at conflicts of interests. Next, we examine meritorious claims and contentions. We then look at the various issues involved into going into business with or investing in a client. We examine the related concepts of competence and capacity and then lastly review the importance of not overselling a case with a potential client.
Course Agenda
Overview
Ethical Framework
Conflict of Interests
Meritorious Claims & Contentions
Going into Business With a Client
Competence
Capacity
Do Not ?Oversell? a Case
Course Credit per State
AZ - Professional Responsibility: 1.25 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits TX - Ethics: 1.25 Credits VA - Ethics: 1.0 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Pro bono legal representation is more critical now than ever with the issues that are with us in the challenges of the economy and Covid 19. This lecture discusses the ethical requirements of providing pro bono representation for under represented clients and why it makes such a big difference to the image and performance of the legal profession.
Course Agenda
Pro Bono: Definition
The need for Pro Bono
CASES
How to get involved
Conclusions
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.0 Credits MS - Ethics: 1.1 Credits NC - Professional Responsibility: 1.0 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Legal Ethics: 1.0 Credits SC - Ethics: 1.08 Credits TN - Dual: 1.08 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
This course covers the basics of litigation invoking the Fair Credit Reporting Act. Potential clients are anyone whose credit reports have inaccuracies and who have not been able to get the credit reporting agencies (CRAs) to make corrections.
The FCRA provides for private civil actions against the CRAs such as Experian, Equifax and Trans Union and against the furnishers of information to the CRAs, such as banks, finance companies, and debt collectors.
The courts will cover the statutory framework, how the dispute process works, the issues that typically arise in civil litigation against the CRAs and furnishers, and the types damages consumers may seek.
There will be discussion of the types of cases that are successful under the FCRA and the types of clients and cases to avoid.
Resources available to the private practitioner will be discussed.
Course Agenda
Consumer Rights under the FCRA
Key Threshold Issue-Accuracy in Credit Reports
Common Inaccuracies in Credit Reports
The Dispute Process, a Prerequisite to a Civil Case
What is a Reasonable Investigation?
Actual Damages Available in FCRA Cases\
Punitive Damages
Discovery from CRAs and Furnishers
Right to Jury Trial
Types of FCRA Cases Commonly Litigated
Statute of Limitations
Settlement Values of FCRA Cases
How to Evaluate Potential Client
Potential clients to reject
Essential Resources
Case Law
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.0 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NH - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits
Course Presenter(s)
Mark F. Anderson
Mark F. Anderson has practiced law in San Francisco for over 45 years. He also represents consumers Fair Credit Reporting Act cases in which the consumers were damaged by inaccurate credit reporting by banks and other creditors who report credit information to Experian, Equifax, and TransUnion. He has settled over 150 cases involving inaccurate credit reporting.
Mark was one of the first attorneys in California to represent consumers in lemon law cases. He has represented consumers in over 4,000 lemon law cases. He has also represented plaintiffs in numerous consumer class actions.
The crux of the Freedom of Information Act (5 U.S.C. Sec. 552) is to make Federal agencies accountable for information disclosure policies and practices. While the Act does not grant an absolute right to examine government documents, it does establish the right to request records and to receive a response to the request. If a record cannot be released, the requester is entitled to be formally advised of the reason for the denial. The requester also has a right to appeal the denial and, if necessary, to challenge it in court. Consequently, access to information of the Federal Government can no longer be controlled by arbitrary or unreviewable actions of a hidden bureaucracy. This program introduces attorneys to FOIA and (includes a discussion of FOIA and Environmental Law)
Course Agenda
Historical Overview of the Freedom of Information Act (5 U.S.C. Sec. 552)
How to make information requests
What types of records can be obtained using FOIA
FOIA Fee Waivers
Time frames for the government to respond to a request for public records
Exemptions from disclosure
Request Strategies
Department of Justice and State and Government Websites
How FOIA can best be used to serve the interests of clients, the public and our democracy.
Course Credit per State
AZ - General: 2.0 Credits CA - General: 1.75 Credits CT - General: 2.0 Credits FL - General: 2.0 Credits GA - Self Study: 1.5 Credits IL - General: 1.75 Credits IN - Distance Education: 1.8 Credits KY - General: 1.75 Credits MO - Self Study: 2.1 Credits MS - General: 1.8 Credits NH - General: 1.75 Credits NJ - General: 2.2 Credits NY - General: 2.0 Credits OH - Self Study: 1.75 Credits OK - Distance Learning: 2.0 Credits SC - General: 1.8 Credits TX - General: 2.0 Credits UT - Self Study: 1.5 Credits
Course Presenter(s)
Pete Sorenson
With more than 30 years as an attorney, lawyer and advocate, I am licensed to practice law in the District of Columbia and the State of Oregon. I specialize in the Freedom of Information Act (FOIA) law and help journalists, authors, nonprofits, for profit businesses, and others to access federal government records. I assist clients with FOIA Requests, Administrative Appeals, Judicial Reviews and FOIA litigation.
In addition to assisting clients, I speak and lecture on FOIA, most recently at the Appalachian Public Interest Environmental Law (APIEL) Conference in Tennessee, University of Georgia School of Law, and at University of Tennessee College of Law.
Public and civic service is a cornerstone, with earlier careers working for a member of Congress and as Special Assistant to the Secretary of Agriculture. I am currently serving my 24th year as an elected Commissioner on the Lane County Board of Commissioners in Eugene, Oregon. Prior to that, I served in the Oregon State Senate. My political and civic experience adds a depth and understanding to my FOIA work that is unique among lawyers.
RECENT FOIA CASES: (2016 ? Present)
Food and Drug Administration: assisted journalist in obtaining the calendar of a crucial FDA official
Central Intelligence Agency: obtained records for a journalist writing on the activities of a prominent CIA official, used in questioning President's nominee for CIA Director
Environmental Protection Agency: made request for client; assisted company in obtaining a report of a competitor's product performance
Central Intelligence Agency: made request, filed administrative appeal and judicial review; assisted in obtaining records of a client's father's service in the CIA
Bureau of Land Management: on behalf of a nonprofit organization, filed judicial review, obtained records and then obtained significant judgment for attorneys' fees for that work
Agricultural Marketing Service: filed judicial review; assisted nonprofit organization in obtaining records and then obtained judgment for attorneys' fees for that work February 6, 2020
Federal Bureau of Investigation: filed request and administrative appeal on behalf of an individual seeking DNA evidence in criminal matter; obtained records; matter pending
Centers for Medicare and Medicaid Services: assisting client in obtaining records held by CMS (in progress)
Environmental Protection Agency: filed judicial review, obtained records, and obtained settlement of attorneys' fees for engineering firm needing data and reports
CURRENT WORK:
1997 ? Present Elected County Commissioner, Lane County Board, Eugene, Oregon
1982 ? Present Attorney and Owner, Sorenson Law Office, Eugene, Oregon
PAST EXPERIENCE:
2005 ? 2006 Adjunct Professor, School of Law, University of Oregon
1993 ? 1997 Oregon State Senator (Member of Judiciary Committee), Salem, Oregon
1984 ? 1985 Visiting Professor, Department of Geography, University of Oregon
1983 ? 1984 Instructor, Dept. of Planning, Public Policy and Management, University of Oregon
1981 ? 1982 Volunteer Prosecutor, Lane County District Attorney's Office, Eugene, Oregon
1979 ? 1982 Law Clerk, Dwyer Simpson and Wold, Attorneys, Eugene, Oregon
1977 ? 1979 Special Assistant, Office of the Secretary of Agriculture, Washington, DC
1974 ? 1977 Legislative Assistant, Congressman Jim Weaver (Oregon), Washington, DC
EDUCATION:
1996 ? Certificate of Completion, Program for America's Emerging Political Leaders, Darden School, University of Virginia, Charlottesville, Virginia
1982 ? J.D. University of Oregon School of Law, Eugene, Oregon
1979 ? M.A. University of Oregon Geography Department, Eugene, Oregon
1973 ? B.A. University of Oregon Geography Department, Eugene, Oregon
1972 ? A.A. Southwestern Oregon Community College, Coos Bay, Oregon
BAR MEMBERSHIPS:
1994 United States District Court for the District of Columbia
1993 United States Court of Appeals for the District of Columbia Circuit
1993 District of Columbia Court of Appeals
1991 Supreme Court of the United States of America
1984 United States Court of Appeals for the Ninth Circuit
1983 United States District Court for the District of Oregon
More than ever we are seeing current events that are drawing conflicts between the First Amendment and Social Media-- should Social Media be regulated? If so, should it be done by the company or by the government? And how much regulation is too much? These and many more questions will be investigated by this seminar.
Course Agenda
The Core of Free Speech: The First Amendment
What Is Social Media?
The Social Media Phenomenon
Social Media is more than just chatting
COMMERCIAL SPEECH CAN BE REGULATED
Is Social Media = The New Town Square?
Facebook Censorship
Twitter Censorship
Trump vs Twitter
Trump vs Twitter: Executive Order
REAL LIFE FB CENSORSHIP
Which way do we go from here?
Questions to Ponder
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits MS - General: 1.1 Credits NC - General: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.11 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Presentation Goals: To help attorneys - in all fields of practice - learn how to more successfully navigate the FOIA process to better support their clients
Course Agenda
The phases/steps of the FOIA process
Background and Purpose of FOIA
Practical tips to increase the success of a FOIA request
Provide practical tips for the administrative appeal and judicial review phases
Increase the likelihood of a reasonable attorneys? fees shift award
Course Credit per State
CA - General: 2.0 Credits CT - General: 2.5 Credits FL - General: 2.0 Credits NY - General: 2.5 Credits VA - General: 2.0 Credits
Course Presenter(s)
Pete Sorenson
With more than 30 years as an attorney, lawyer and advocate, I am licensed to practice law in the District of Columbia and the State of Oregon. I specialize in the Freedom of Information Act (FOIA) law and help journalists, authors, nonprofits, for profit businesses, and others to access federal government records. I assist clients with FOIA Requests, Administrative Appeals, Judicial Reviews and FOIA litigation.
In addition to assisting clients, I speak and lecture on FOIA, most recently at the Appalachian Public Interest Environmental Law (APIEL) Conference in Tennessee, University of Georgia School of Law, and at University of Tennessee College of Law.
Public and civic service is a cornerstone, with earlier careers working for a member of Congress and as Special Assistant to the Secretary of Agriculture. I am currently serving my 24th year as an elected Commissioner on the Lane County Board of Commissioners in Eugene, Oregon. Prior to that, I served in the Oregon State Senate. My political and civic experience adds a depth and understanding to my FOIA work that is unique among lawyers.
RECENT FOIA CASES: (2016 ? Present)
Food and Drug Administration: assisted journalist in obtaining the calendar of a crucial FDA official
Central Intelligence Agency: obtained records for a journalist writing on the activities of a prominent CIA official, used in questioning President's nominee for CIA Director
Environmental Protection Agency: made request for client; assisted company in obtaining a report of a competitor's product performance
Central Intelligence Agency: made request, filed administrative appeal and judicial review; assisted in obtaining records of a client's father's service in the CIA
Bureau of Land Management: on behalf of a nonprofit organization, filed judicial review, obtained records and then obtained significant judgment for attorneys' fees for that work
Agricultural Marketing Service: filed judicial review; assisted nonprofit organization in obtaining records and then obtained judgment for attorneys' fees for that work February 6, 2020
Federal Bureau of Investigation: filed request and administrative appeal on behalf of an individual seeking DNA evidence in criminal matter; obtained records; matter pending
Centers for Medicare and Medicaid Services: assisting client in obtaining records held by CMS (in progress)
Environmental Protection Agency: filed judicial review, obtained records, and obtained settlement of attorneys' fees for engineering firm needing data and reports
CURRENT WORK:
1997 ? Present Elected County Commissioner, Lane County Board, Eugene, Oregon
1982 ? Present Attorney and Owner, Sorenson Law Office, Eugene, Oregon
PAST EXPERIENCE:
2005 ? 2006 Adjunct Professor, School of Law, University of Oregon
1993 ? 1997 Oregon State Senator (Member of Judiciary Committee), Salem, Oregon
1984 ? 1985 Visiting Professor, Department of Geography, University of Oregon
1983 ? 1984 Instructor, Dept. of Planning, Public Policy and Management, University of Oregon
1981 ? 1982 Volunteer Prosecutor, Lane County District Attorney's Office, Eugene, Oregon
1979 ? 1982 Law Clerk, Dwyer Simpson and Wold, Attorneys, Eugene, Oregon
1977 ? 1979 Special Assistant, Office of the Secretary of Agriculture, Washington, DC
1974 ? 1977 Legislative Assistant, Congressman Jim Weaver (Oregon), Washington, DC
EDUCATION:
1996 ? Certificate of Completion, Program for America's Emerging Political Leaders, Darden School, University of Virginia, Charlottesville, Virginia
1982 ? J.D. University of Oregon School of Law, Eugene, Oregon
1979 ? M.A. University of Oregon Geography Department, Eugene, Oregon
1973 ? B.A. University of Oregon Geography Department, Eugene, Oregon
1972 ? A.A. Southwestern Oregon Community College, Coos Bay, Oregon
BAR MEMBERSHIPS:
1994 United States District Court for the District of Columbia
1993 United States Court of Appeals for the District of Columbia Circuit
1993 District of Columbia Court of Appeals
1991 Supreme Court of the United States of America
1984 United States Court of Appeals for the Ninth Circuit
1983 United States District Court for the District of Oregon
Gambling as an Addiction - Not Worth the Gamble Details
Price:
$19.99
Course Description
Gambling has become more present and easier to do in recent years, with many new forms of gambling existing and new ones coming on the horizon. Attorneys or their friends or family who may fall victim to the addiction of gambling may be unsure of the signs or what to do to deal with the problem. This lecture talks about how attorneys can identify the professional threats to their practice that could come from a gambling addiction, the laws regarding online gambling and what resources there are available to attorneys to help alleviate the problem.
Course Agenda
Gambling
Gambling As An Addiction
What Makes Online Gambling More Dangerous?
Is the Site I am using legal?
CASES
Solutions?
Course Credit per State
AZ - General: 1.5 Credits CA - Ethics: 1.0 Credits FL - General: 1.5 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits MS - General: 1.2 Credits MT - Self Study: 1.0 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Distance Learning: 1.0 Credits TX - General: 1.25 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
One of the most important copyright and fair use cases of our time has been Google LLC v.
Oracle America, Inc. This case has worked its way through many levels of courts while
examining two key concepts: Are Application Programming Interfaces copyrightable and if they
are, is copying them fair use? This course looks at these two concepts in detail and provides
arguments from Oracle's and Google's advocates on both key topics.
Course Agenda
Background and Technical Context
Two important issues
Arguments that APIs are copyrightable
Arguments that APIs are not copyrightable
Fair Use Doctrine
Arguments that Android using the API was fair use
Arguments that Android using the API was not fair use
Course Credit per State
AZ - General: 2.0 Credits CA - General: 1.5 Credits CT - General: 2.0 Credits FL - General: 2.0 Credits GA - Self Study: 1.5 Credits IL - General: 1.5 Credits MT - Self Study: 1.75 Credits NY - General: 2.0 Credits TX - General: 1.75 Credits VA - General: 1.5 Credits
Course Presenter(s)
Michael Carroll
Michael W. Carroll is a Professor of Law and Director of the Program on Information Justice and Intellectual Property at American University's Washington College of Law.[1][2] Carroll is one of the founding Board Members of Creative Commons, a not-for-profit organization devoted to expanding the range of creative work available for others to legally build upon and share.[1] He also is a member of the Board of Directors of the Public Library of Science PLOS and served on the National Academy of Sciences' Board on Research Data and Information from 2008 to 2013.
This lecture discusses the role of Client Relationship Management Software) CRMS for the modern law office, strategies on how using the CRMS can be used to increase the efficiency and effectiveness of today's legal practice, which leads to a more streamlined and efficient law office. We talk about types of CRMS systems, how they work and how to integrate them into your practice.
Course Agenda
ABA Rule 1.1 Competency
What is a CRM?
THE CRM PROCESS
CRM strategies/advice
CRM Features you should be aware of
Other Factors
Basic CRM: Outlook & Google Apps
Disadvantages: Outlook & Google Apps
Other Popular Systems
ABACUS LAW
AMICUS ATTORNEY
NEEDLES
CLIO
MYCASE
Conclusions
Course Credit per State
AZ - General: 1.25 Credits CA - General: 1.25 Credits FL - General: 1.5 Credits IL - General: 1.25 Credits IN - Distance Education: 1.3 Credits MS - General: 1.3 Credits NY - General: 1.25 Credits OH - Self Study: 1.25 Credits OK - Distance Learning: 1.5 Credits TX - General: 1.25 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Course Price:
$19.99
How the Third-Party Doctrine Affects Law Enforcement, Technology Company Practices, and Data Privacy Expectations
How the Third-Party Doctrine Affects Law Enforcement, Technology Company Practices, and Data Privacy Expectations Details
Price:
$24.99
Course Description
Join the Wikimedia Foundation and guest speakers for a discussion on how the third-party doctrine affects law enforcement, technology company practices, and data privacy expectations as the Supreme Court prepares to rule on Carpenter v. United States. In this case, the Court will consider whether the Fourth Amendment requires law enforcement to obtain a search warrant before accessing historical cell phone location records.
Course Agenda
Third Party Doctrine
What types of consumer data to tech companies collect?
How does the third-party doctrine affect tech companies and their business practices?
Do consumers really care about privacy, and what do they consider when they decide to sacrifice their privacy for certain services?
Do companies tend to care about privacy more or less than consumers?
How to Understand and Properly Value Client Assets Details
Price:
$19.99
Course Description
Legal issues arise in many areas when it comes to collectibles, and one of the hottest and most contentious areas involves record collections (from 78s to digital), and related music memorabilia.
Accredited Senior Appraiser and member of the American Society of Appraisers who specializes in this area, Stephen M.H. Braitman has been involved in a myriad of cases which have required his services. In addition to his role as an expert witness in litigation, practice areas in which his expertise has been utilized include Family Law, Estate Planning and Insurance issues, evaluations for credible Fair Market Value, Replacement Value, and Liquidation value appraisals of contested property.
In this program Mr. Braitman reviews the role of the appraiser and the process for certification as an appraiser. Specific issues include: The potential of a music collection, what to look for in "hidden assets" that may be significant, what issues arise between collectors (and?everyone else!) , some contentious records and memorabilia, the need for accurate appraisals and how an undervalued appraisal can affect both the financial and legal outcome of a family or institution, the current market in music records and memorabilia collectibles, the Uniform Standards of Professional Appraisal Practice, credentialing of the appraiser, the appraisal process, issues in divorce, property settlements and estates, how to overcome the lack of value-knowledge of an insurance adjuster, appraised value as leverage or as collateral, satisfying I.R.S. donation requirements, auctions, and an in depth review of specific types of records and music memorabilia and their current and future value.
Course Agenda
If your firm represents libraries, archives, insurance agencies, or executors for estates, or is involved in family law, this program is a unique and valuable resource. Moreover, the cases in which Mr. Braitman has been personally involved, such as the Michael Jackson property at Neverland Ranch, the Elton John record collection, and donations to the Library of Congress and the Rock and Roll Hall of Fame, make this program a fascinating, behind-the-scenes look at a wide variety of legal issues related to music, such as
Insurance Replacement Cost Coverage
IRS Charitable Donations
Equitable Division of Property in an Estate or Divorce
Estate Planning
Expert Witness
IRS Federal Estate Tax
Loss of Value Claims
Opinions of Value
Settlement of Damage
Valuation and Settlement
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits ME - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NJ - General: 1.2 Credits NY - General: 1.0 Credits
Thomas A. Lenz and Cindy S. Arellano, Partners at Atkinson, Andelson, Loya, Ruud & Romo,
discuss the factors which may give rise to "Misclassification" of workers by businesses. Are workers employees, or are they independent contractors, and how should businesses make these determinations? What are the possible consequences of misclassification? What are the new developments, trends and cases in this legal arena? The presenters discuss the benefits and risks of Independent Contractor status, triggers for misclassification audits, how to determine if a worker is properly classified and IRS criteria in classification matters. They offer valuable tips and a comprehensive review on how to conduct a best practices review of current employee classification systems and independent contractor relationships and review the new cases and laws in which these issues continue to be addressed.
Course Agenda
"Misclassification" - What Is It?
What's New with Classification Issues?
Benefits of Independent Contractor Status
Benefits of Using Independent Contractors
Risks
Common Triggers for Misclassification Audit
Overview of Classification Standards
How Do I Know If a Worker is Properly Classified?
Determinations/Rulings
Overview of IRS Criteria
Rulings/Risks/Pitfalls
IRS - Section 530 Relief (Safe Harbor)
Independent Contractor vs. Employee Factors
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.0 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits
Course Presenter(s)
Thomas A. Lenz
Experience
Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
Cindy Strom Arellano
Experience
Cindy Strom Arellano, head of the business and tax team, is a senior partner in the Cerritos office. Ms. Arellano?s practice focuses on employee benefits and executive compensation, qualified and nonqualified deferred compensation and retirement plans, health and welfare benefit plans, ERISA, tax audits and other tax controversy matters, and MBE/WBE/DBE certification. She also works with nonprofits, including educational foundations, auxiliary organizations, charitable organizations, and trade associations, and represents clients in general corporate transactional matters, business formations, compensation structuring, and mergers and acquisitions.
Ms. Arellano regularly assists clients with drafting and reviewing executive and deferred compensation plans and agreements and advises both public and private sector clients on a variety of issues relating to 401(k),
403(b), 457 and other deferred compensation/retirement plans. She also assists clients with controlled group issues and with correcting qualified plan errors through IRS and DOL compliance programs. In addition,
Ms. Arellano has considerable experience counseling clients with respect to their health and welfare benefit plans, Section 125 cafeteria plans, GASB 43 and 45 plans, voluntary disability plans, fringe benefit arrangements,
and COBRA issues arising in mergers, acquisitions and/or restructuring of businesses. Ms. Arellano has represented numerous clients in the trucking, construction, entertainment, and other industries in connection with tax audits and controversies with the Employment Development Department
(EDD), Internal Revenue Service (IRS), Franchise Tax Board (FTB) and State Board of Equalization (SBE). Audits and tax controversies handled by Ms. Arellano have covered a multitude of issues, including worker
misclassification, sales, income and employment tax disputes and trust fund recovery penalty assessments. Ms. Arellano has successfully appealed many tax assessments, and has negotiated many favorable alternate
payment arrangements and settlements of disputed tax liabilities on behalf of clients who are in collections, under audit, or who have a pending appeal of an assessment by the IRS, EDD, SBE and/or FTB.
Education
Ms. Arellano received a Bachelor of Arts degree in psychology from the University of Central Florida and her Juris Doctor, with distinction, from the University of Nebraska at Lincoln, where she was a member of the Order
of the Coif. While at the University of Nebraska, Ms. Arellano served as a staff member of the Nebraska Law Review. Ms. Arellano received her LL.M. in taxation from the University of San Diego.
International Income and Estate Tax Planning Details
Price:
$19.99
Course Description
Manya Deva Natan and Jacob Stein discuss international estate planning and income tax planning for non-resident aliens.
Course Agenda
What structures can NRAs use to navigate around the low exclusion amount and why it pays to plan
The dream inheritance ? U.S. citizen/resident heirs of NRAs
Discussion of case studies from real-life
Avoiding or minimizing withholding on US income
FIRPTA, portfolio income loans, branch profits tax
Optimal structures for NRA investment in the US
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits NH - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
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
Is It Time to Upgrade?
Windows 10: Does upgrading make sense?
Windows 10 Upgrade Assistant
What are the costs?
What should I upgrade? What should I keep in place?
Backups
Cloud
Cloud Services
ANTIVIRUS/FIREWALLS
Security Tips
Examples of ?Fake Antivirus? or ?PC tool? ?ransomware?
Case Management Systems
TRENDS AND FADS
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits NJ - General: 1.3 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Distance Learning: 1.0 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Another day, another data breach. Data breaches have proliferated with amazing speed. Don't be lulled into thinking that law firms (large and small) aren't being attacked by hackers or suffering actual data breaches. With lawyers and law firms, however, who are constantly entrusted with highly sensitive information about their clients as a course of business, the need for effective data security is of even more critical importance. This course helps lawyers and law firms of today ensure that their clients' confidential data and intellectual property are secure.
Course Agenda
Law Firm Data Security: Experts On How To Protect Legal Clients' Confidential Data
The "abysmal" state of law firm security
ABA - ETHICS
ISO 27001 - SECURITY STANDARDS
ISO 27001 & SSAE 16 certification published by the International Organization for Standardization (ISO) and the International Electro-technical Commission (IEC).
Reasonableness - LEGAL DUTY
Ethical issues of lawyers using the cloud
GDPR -EU General Data Protection Regulation
ABA Preventing Law Firm Data Breaches
Top Practical Security Tips
FTC RECOMMENDATIONS
Data Minimization
Vendors
Document Destruction
Network Safeguards
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - Technology: 1.0 Credits NY - General: 1.0 Credits
Course Presenter(s)
Albert Barsocchini
ALBERT BARSOCCHINI, Esq. is an internationally recognized expert and thought leader in discovery, information governance and digital investigations. He is a past chair of the California State Bar's Law Practice Management & Technology Section. Mr. Barsocchini has over ten years of experience as a first-chair trial attorney and is a California State Bar Special Master and Certified E-discovery Specialist. He is currently Director of Strategic Consulting and Client Advisory Service at NightOwl Discovery.
Over the past decade, a number of well-publicized data leaks have revealed the secret offshore holdings of high-net-worth individuals and multinational taxpayers, leading to a sea change in cross-border tax enforcement. Spurred by leaked data, tax authorities have prosecuted offshore tax cheats, attempted to recoup lost revenues, enacted new laws, and signed international agreements that promote "sunshine" and exchange of financial information between countries.
The conventional wisdom is that data leaks enable tax authorities to detect and punish offshore tax evasion more effectively, and that leaks are therefore socially and economically beneficial. This Article argues, however, that the conventional wisdom is too simplistic. In addition to its clear benefits, leak-driven lawmaking carries distinctive risks, including the risk of agenda setting by third parties with specific interests and the risk associated with leaks' capacity to trigger non-rational responses. Even where leak-driven lawmaking is beneficial overall, it is important to appreciate its distinctive downside risks, in order to best design policy responses.
This Article is the first to thoroughly examine both the important beneficial effects of tax leaks, and their risks. It provides suggestions and cautions for making and enforcing tax law, after a leak, in order to best tap into the benefits of leaks while managing their pitfalls.
Course Agenda
INTRODUCTION
THE EMERGENCE OF TAX LEAKS
Understanding the Emergence of Tax Leaks
Seven Significant Leaks
Some Initial Observations
THE BENEFITS AND RISKS OF TAX LEAKS
Cross-Border Tax Administration and Enforcement
The Benefits of Leaked Information
The Distinctive Risks of Tax Leaks
LEAK-DRIVEN LAWMAKING IN THE REAL WORLD
Agenda Setters
The Messy Transmission of Leaked Data
Leak-Driven Laws
LAW, AFTER THE LEAK
Suggestions for Optimal Leak-Driven Lawmaking
The Road Ahead: Three Open Questions
Course Credit per State
AK - Voluntary: 1.5 Credits CA - General: 1.5 Credits CT - General: 1.5 Credits FL - Technology: 1.5 Credits IN - Distance Education: 1.6 Credits ND - Self Study: 1.5 Credits NV - General: 1.5 Credits NY - General: 1.5 Credits PA - Distance Learning: 1.5 Credits
Course Presenter(s)
Course Price:
$24.99
Managing Data Privacy Risk for Life Science Companies
Managing Data Privacy Risk for Life Science Companies Details
Price:
$19.99
Course Description
Course Agenda
Topics for Discussion
How and when HIPAA applies to Life Sciences Companies
Examples of current government agency enforcement of HIPAA and other privacy statutes that apply to life sciences
Safely and legally conducting data transfers from the EU to the U.S using the health data exception
The new EU General Data Protection Regulation (GDPR) and its impact on life sciences companies
Cybersecurity and the board of directors: fiduciary duties and governance
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - Technology: 1.0 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits
Course Presenter(s)
Diana Maier
Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.
Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.
Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.
In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.
Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.
Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.
You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.
Course Price:
$19.99
Managing Sexual Harassment Investigations and Employee Training Obligations
Managing Sexual Harassment Investigations and Employee Training Obligations Details
Price:
$19.99
Course Description
California law has taken a leading role in requiring proactive steps to prevent workplace harassment and bullying. This session covers the latest rule changes, which impact small business, including law firms, more than ever before in terms of workplace training obligations as well as the need to put message into action by investigating issues of harassment and abusive conduct in the workplace. With a 2020 deadline approaching for expanded workplace training requirements, and at a time when the number of harassment and bullying claims continues to increase, the need to stay in compliance warrants everyone's attention.
Course Agenda
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits NH - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TX - General: 1.0 Credits
Course Presenter(s)
Thomas A. Lenz
Experience
Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
Mindfulness and Elimination of Bias for Attorneys Details
Price:
$19.99
Course Description
This course provides takes a look at the concept of Implicit bias and explores its implications in the law profession. It then looks at the practice of mindfulness and how it can be a useful tool to avoid the negative consequences of Implicit Bias. Mr. Smith shares his own experience as a lawyer and how mindfulness was usefulness in overcoming biases in his law practice.
Course Agenda
Defining Implicit Bias
Implicit Bias in the Law Profession
Defining Mindfulness
Brain States and Mindfulness
Mindfulness Practice
Example of Mindfulness working against Racism
Practical Examples of Mindfulness Practice in the context of Law Practice
Course Credit per State
AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits NH - General: 1.0 Credits NJ - Diversity Inclusion Elimination of Bias: 1.2 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits SC - General: 1.03 Credits TX - General: 1.0 Credits
Course Presenter(s)
Lawrence M. Smith
Lawrence M Smith, Esq. received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Smith is currently working in private practice and resides in Sacramento, California and specializes in Consumer Collections and has over 25 years of experience in this field.
San Francisco Bay Area based Entertainment Law attorney Mark A. Pearson of ARC Law Group discusses the fundamentals of copyright in the music industry, focusing on the foundation of "two copyrights and six royalty streams." Mark breaks down how to protect written and recorded music and provides insights into how each is monetized. Topics include an overview of U.S. Copyright Law, protection of copyright rights, how to effectively work with producers/songwriters, performing rights societies, and licensing. He also discusses streaming royalties and changes under the Music Modernization Act. This program is designed to help attorneys who may already represent artists and other industry professionals, or who may have the opportunity to do so, understand the basics of music copyright and the implications of new content-delivery technologies.
Course Agenda
Two Music Copyrights
Six Revenue Streams
Composition
Sound Recording
Copyright Duration
Copyright Registration
Music Copyright - 2x6
Music Streaming
Course Credit per State
AK - Voluntary: 2.0 Credits AZ - General: 2.0 Credits CA - General: 1.5 Credits CT - General: 1.5 Credits FL - General: 2.0 Credits GA - Self Study: 1.5 Credits IL - General: 1.5 Credits IN - Distance Education: 1.7 Credits ME - Self Study: 1.66 Credits MO - Self Study: 2.0 Credits MT - Self Study: 1.5 Credits NH - General: 2.0 Credits NJ - General: 2.0 Credits NV - General: 1.5 Credits NY - General: 2.0 Credits PA - Distance Learning: 1.5 Credits SC - General: 1.68 Credits TX - General: 1.75 Credits
Course Presenter(s)
Mark A. Pearson
Mark A. Pearson is the principal counsel at ARC Law Group, a law firm focused on advising Creative, Talented and Entrepreneurial clients in the areas of business, entertainment, sports and technology law. Following his career as an award-winning television producer, Mark spent the past decade advising some of the hardest working acts in the music biz, including international touring artists Con Brio, Front Country and DJ Mark Farina, as well as, up and coming acts such as Barrio Manouche and Ellise. In addition to his work in the music industry, Mark served as production counsel for Academy Award nominee, Borrowed Time and was recently awarded the Governor's Citation Medallion for his service to the National Academy of Television Arts & Sciences (Emmy® Award). Based in the San Francisco Bay Area, but with clients in Los Angeles, Chicago, New York and Nashville, Mark also advises leading entertainment-technology disruptors like TuneGo, Caffeine and Fandor.
Changes in the composition of the National Labor Relations Board have led to changes in workplace law. The scope of employees? protected activity as well as employers? rights to set policy and to manage the workforce are in flux. More change is anticipated as the NLRB looks at setting new standards for union organizing, workplace access of union representatives, use of electronic communications, and the scope of protected employee dissent. In case rulings, guidance memos, and proposed regulations, this is a time of change labor and employment law practitioners need to follow.
Course Agenda
The National Labor Relations Act vests employees with rights under Section 7 to engage in activities relating to unions, mutual aid and protection on wages, hours, and terms and conditions of employment, or to refrain from such activity.
The NLRB has two principal functions pursuant to the NLRA:
enforcing laws to ensure that workers may freely exercise their rights under Section 7 of the National Labor Relations Act (the Act) without any interference from employers or unions, and
holding secret ballot elections at which workers can choose whether to have a union represent them.
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.1 Credits MO - Self Study: 1.3 Credits MT - Self Study: 1.0 Credits NH - General: 1.0 Credits NJ - General: 1.3 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits SC - General: 1.11 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Thomas A. Lenz
Experience
Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
As more employees bring their personal technology to work, (like smartphones, tablets, laptops, and even desktop PCs), businesses can take advantage of this trend and reap a number of benefits, such as shorter technology learning curves, greater productivity, lower hardware and software costs and more active and involved employees. However, there is a downside to the BYOT development, of which risks to computer systems and exposure of confidential client information are just two examples. It is imperative to manage these risks with an official BYO Tech Policy ? an important implementation which most businesses and law firms have not yet done
In this presentation by Russell Jackman, Esq. of Calmputer Consulting Services in Marin County, California, Mr. Jackman discusses employee/employer control of technology and the legal issues that come from Bringing Your Own Technology to work. He discusses the types of technology available to the modern law office to control the access to information and data and addresses strategies to create a solid plan to deal with BYOT challenges. Moreover, with the ethical duty to maintain confidentiality, it is vitally important that lawyers and law firms be aware of the risks of BYOT.
Course Agenda
Why Bring Your Own Tech?
What Are the Challenges?
New Laws/Changing Requirements
The Dichotomy of Saving Data vs Erasing it completely
Where should you start?
NO LOCALIZATION OF DATA
Major Issues Facing Use of BYOT
Implementing a BYOT program
Bibliography
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits NC - General: 1.0 Credits OK - Distance Learning: 1.0 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Paperless Office and E-Discovery Techniques Details
Price:
$19.99
Course Description
Attorneys need to find a way in today's high-tech environment to leave the mountains of paperwork behind them and free themselves with today's technology from being tied to paper all the time. This lecture will discuss the ethical and economic advantages of moving to an all-electronic format for most documents and how that can be accomplished.
Course Agenda
Tips for reducing paper use in the law office
Scanning Tips
Email ? The World?s Communication Tool
Benefits of Electronic Discovery
Benefits of Electronic vs. Paper Review
Electronic Discovery is Essential Because Corporate Data is ?Invisible?
Legal Authority Supporting Modern Discovery Practices
Preservation Only Required for Relevant Data
FRCP 30(b)(6)
Key Federal Discovery Rules
Electronic Discovery Cases
Consequences of Spoliation
Electronic Storage Capacity
Boxes of Bytes
Traditional eDiscovery Model: Project vs. Process Based
The New Frontier ? Electronic Data Discovery
Paper Production
What you see is what you get
Electronic Discovery
Getting more than what?s on paper
Metadata in Email
?Live? Word Document with Tracking On
Printed Spreadsheet
The Electronic Discovery Process
Electronic Discovery Defined
Electronic Documents Include
Modern Evidence Input Devices
Data Preparation
Data Collection and Preservation
Approximate CO$T$ OF EDD AND SCANNING SERVICES
The Need for Continuous Training and Consulting
Checklist for hiring a trainer for your firm
Further Resources
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.1 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.11 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
This course is designed to provide information for all attorneys with a general interest in
Patent Law as well as those with clients who may have an idea with patent
implications which they might like to explore. Although many areas of Patent Law
do not often change, with advances in technology, medicine and other areas, along
with general updates in rules and regulations specific to Patent Law Practice, this program addresses developments in those areas. Patent Law is a dynamic practice area and Mr. Nielsen's program discusses basic issues and concepts in an easy to understand and enjoyable fashion
Course Agenda
Goals of This Presentation
Understand:
1. What is a patent?
2. What might be patentable in 2021?
3. Important deadlines
4. What patent work you may perform?
5. What patent work (or patent punishment) is reserved for registered patent attorneys?
Course Credit per State
CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits NY - General: 1.0 Credits TX - General: 1.0 Credits VA - General: 1.0 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
The objective of this presentation is to identify and discuss key legal and social issues in
the context of today's volatile society, with an emphasis on limitations on the use of
force and legal remedies in response to police misconduct. The presenter discusses how current events give rise to cases in numerous legal areas, from Civil Rights violations, Constitutional Law, including freedom of speech and lawful (and unlawful) protests, and liability for damages from both protests and police misconduct. Moreover, the presenter discusses topical issues of vital importance, such as the ?defund? movement, which runs along a spectrum, from those in Minneapolis who would disband and rebuild their police department (on the theory that the current department?s culture is too pervaded by racism and violence), to those in New York City or Los Angeles who advocate reallocation of spending and reform of police practices. Ultimately these issues end up in Court, where lawyers must be leaders and help society solve these complicated issues. This program aims to increase awareness of the critical legal issues involved.
Course Agenda
Problem: No trust.
How to restore trust?
Follow the law.
Transparency + Accountability = Trust
Access to justice?
Purpose of Justice system?
Duty of law enforcement?
Social Contract: Safety and security in exchange for compliance with the law.
Follow the law, receive safety and security.
Reduced safety and security increases desperation.
Desperate people behave desperately.
Constitutional Imperative:
Equal Protection under the law.
Substantive Due Process: Life, Liberty & Property.
Procedural Due Process: Notice & Hearing.
Institutional Legitimacy questioned?
Social Contract breached?
Worst case scenario: An existential threat?
Analysis: Why no trust?
An inherently flawed system?
The law doesn't work.
Police use of force?
Officer involved shootings?
Inclusion/Access to justice?
Solution: Change the law.
Legislative solutions.
AB 392 Police Use of Force (CA)
SB 1421 Police Officer Release of Records (CA)
Course Credit per State
AZ - General: 1.25 Credits CA - General: 1.25 Credits FL - General: 1.5 Credits IL - General: 1.25 Credits IN - Distance Education: 1.3 Credits NY - General: 1.5 Credits TX - General: 1.25 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.?
In today's modern courtroom, the use of technology as part of a trial presentation is essential. It is important for attorneys to understand the high tech tools available to them, and Microsoft Office 2014. PowerPoint is one of the most useful tools available -- if it is used correctly! In this presentation attorney and trainer Russell Jackman discusses and demonstrates how to get the most out of PowerPoint. Topics include how it can be used to organize a case visually, zoom in on important elements in a document or image using cropping and animation, charts, motion paths, animated timelines and more. Also discussed are strategies on what specific animations, colors and techniques work best in litigation scenarios.
Course Agenda
Why PowerPoint?
How Does PowerPoint Work?
Your Audience (Juries)
Basic Philosophy (Make it like TV)
Visuals
Templates
General PowerPoint Strategies
Backgrounds/Watermarks
Getting Items into PowerPoint
New ways to get pictures into a presentation!
New Features
Color Matching ?eyedropper?
Merge Shapes
Supported Video Formats
Supported Audio Formats
Comments
Smarter? Guides
Changes During Presentation Mode
Techniques: Motion Paths
TIMELINES
Organizational Charts
Other Tips
Course Credit per State
CO - General: 1.62 Credits FL - Technology: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Course Price:
$19.99
Progress in Diversity and Inclusion in the Legal Profession
Progress in Diversity and Inclusion in the Legal Profession Details
Price:
$19.99
Course Description
The 2020 Model Diversity Survey Report, released by the ABA Commission on Racial and Ethnic Diversity in the Profession, is the first ABA report on diversity, equity and inclusion in law firm practice, according to an ABA press release. The survey is based on three years of data. In short, the Report states that while more minorities are getting hired as associates, law firm leadership is mostly white and male because of a diversity ?bottleneck? and higher rates of minority attrition.
In this program, attorney Steven A. Nielsen reflects upon what the Report means in terms of the lack of the progress it describes. The focus of this presentation, however, is to provide a long-range perspective on this important subject and to highlight progress which the profession has made. He offers information on new, innovative programs which have been developed to address the inequities outlined in the ABA report and in society at large, and concrete steps which can help Diversity and Inclusion issues to be successfully addressed in the law office environment. Mr. Neilsen's candid assessment of the data, coupled with a review of how new Diversity and Inclusion programs and educational awareness have helped the profession make progress, makes for an informative and stimulating presentation.
Course Agenda
A Newer CLE Requirement Have we seen progress?
Innovative Ideas in Diversity
The Community Fund for Black Bar Applicants
The AccessLex Center for Legal Education Excellence
What Does The Past Literature Tell Us?
The Past Literature: Pressure for Law School Ranking Hurts Women
The Current Thinking
In Past Studies: Both Law and Medicine have Diversity Problems
What Does the Current Literature Tell Us?
A Summary of the Current Trends
Coca-Cola and Cisco
A Big Picture View
Is Mental Health a Point of Diversity?
?Belongingness?
The Do?s of Discussing Diversity
The Don?ts of Discussing Diversity
Covering the Bases of D and I
New York - Has a Diversity and Inclusion Office (D&I)
A Broader Definition of Diversity
Illinois
Mentoring and Networking Seem to be an Answer
Diversity and Inclusion
Is Our Definition of ?Reaching the Top? to be Reconsidered?
Is Running a Solo or Small Firm Considered Success?
Bias - A Proposed Big Picture View
What is Bias?
Mechanical Bias
Group Bias
Discriminating
Do We Learn Hate?
How Did We Evolve?
Advantages of Being in a Group
Group Study Data
The Robber?s Cave Experiment
Is Group Theory Supported by Current Events?
Groups or Traits to Consider in the reduction of Bias in the Legal Profession
The Protected Classes are Just a Start
Perhaps Broad Definitions of ?Diversity? are Helpful in Defining the Scope of Our Anti-Bias Efforts
Still Allowed to Judge or Discern, but Judge with Knowledge of the Individual
How do we Reduce Bias?
How do we Make Everyone Feel Equal?
The Judge and the Fishing Story
The Skilled Mediator Example
Bias in Action
Can we Learn to Withhold Judgment?
Question Everything
Course Credit per State
AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits FL - General: 1.0 Credits IL - Diversity and Inclusion: 1.0 Credits NJ - Diversity Inclusion Elimination of Bias: 1.1 Credits NY - Diversity and Inclusion: 1.0 Credits TX - General: 1.0 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
Course Price:
$19.99
Security and Confidentiality for Providing Legal Services Remotely
Security and Confidentiality for Providing Legal Services Remotely Details
Price:
$19.99
Course Description
For lawyers, securing client information is of paramount importance and there can be severe risks that come from not doing so. However, most law firms are not adequately prepared in terms of cybersecurity because they do not invest in the tools necessary to prevent the inadvertent disclosure of, or unauthorized access to, client data. Failure to do so can be devastating for any law firm and the shift to working remotely due to COVID-19 has exacerbated the probability of these problems occurring. This program aims to elucidate the importance of cybersecurity for attorneys who are providing legal services from home and how to protect that legal data from potential cyberattacks.
Course Agenda
Why Cybersecurity?
Lawyer's Reasons for Cybersecurity
Model Rules of Professional Conduct
ABA Formal Opinion 477
Lawyers? Legal Obligations
Client Business Areas
Top Security Risks for Law Firms
Internal vs. External Risk
Cybersecurity Preparedness in Law Firms
How to Eliminate High Cyber Risk Vector
Cybersecurity Safeguards
Cybersecurity Habits
Vendor Review - ABA Formal Opinion 08-451
Secure Data
Use Passwords Intelligently
Make it Hard to Unlock with 2FA
Use Secure Communication Channels
Backups
How to Recover from a Cyber Incident
ABA Formal Opinion 483
Cybersecurity Insurance
Virtual-lawyering Risks
CLSMF Experience
Initial Considerations for Success
What Helps
Control #1: Inventory & Control Hardware Assets
Control #2: Inventory & Control Software Assets
Top Threats in 2020
Top Mitigations to Implement in 2020
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits NY - General: 1.0 Credits TX - General: 1.0 Credits VA - General: 1.0 Credits
Course Presenter(s)
Joshua Lenon
Joshua Lenon is an attorney admitted to the New York Bar. He studied law at St. Louis University School of Law, obtaining a J.D. degree and a certificate in international and comparative law. During this time, Joshua clerked for the Missouri Attorney General, helping prosecute discrimination claims on behalf of Missouri citizens. He also studied European union law at the University of Georgia School of Law's Brussels Legal Seminar. Joshua has since helped legal practitioners improve their services, working for Thomson Reuters' publishing departments in both the United States and Canada. He currently serves as lawyer-in-residence for Clio, providing legal scholarship and research skills to the leading cloud-based practice management platform.
Course Price:
$19.99
Sophisticated Planning for High Net Worth Individuals
Sophisticated Planning for High Net Worth Individuals Details
Price:
$19.99
Course Description
Transactions and Asset Protection, discusses trends and developments in a number of important areas. He reviews in detail how the drafting of irrevocable trusts has changed over the last 10 years and how to best structure these instruments to allow for greater flexibility through the use of a "trust protector." He discusses how irrevocable trusts can be used to protect assets, to provide privacy for assets, to enhance tax planning and their use in offshore planning. He describes the use of LLCs and which states may be the most advantageous for LLC/trust formation. He discusses specific trust provisions, asset protection with both domestic and foreign trusts, and which types of trusts may be most useful for assets which may be expected to appreciate in value, like start-ups. Additional topics include international tax planning, structuring foreign investment in the U.S., pre-immigration tax planning, and which offshore jurisdictions may be favored.
Course Agenda
Structuring Irrevocable Trusts
Asset Protection
Asset Protection with Trusts
Asset Protection with Domestic Trusts
Asset Protection with Foreign Trusts
Foreign Trusts - Tax Treatment and Reporting
Defective Grantor Trusts
SCINs
GRATs
Income Tax Planning with DINGs
Monetized Installment Sale
Foreign Investment - FDAP and Capital Gains
Foreign Investment - Effectively Connected Income
Foreign Investment - Branch Profits Tax
Foreign Investment: FIRPTA
Foreign Investment: FIRPTA
Pre-Immigration Tax Planning
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits MO - Self Study: 1.0 Credits MS - General: 1.1 Credits MT - Self Study: 1.0 Credits NH - General: 1.0 Credits NJ - General: 1.3 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits SC - General: 1.08 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
The Coronavirus epidemic has been wildly disruptive to many aspects of our lives and
professions and conduction depositions is no exception. Virtual depositions are now standard
and routine and are likely to remain ubiquitous even once the epidemic has abated. In this
course we look at depositions generally from an overview perspective and then examine both
the advantages and disadvantages of virtual definitions. Some important case law examples
are explored and then we conclude with some practical considerations when conducting virtual
depositions.
Course Agenda
High Level Overview
Case Law
Virtual Deposition Mechanics
Advantages of Virtual Depositions
Disadvantages of Virtual Depositions
Practical Considerations of Virtual Depositions
Course Credit per State
AZ - General: 1.25 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.25 Credits NY - General: 1.0 Credits TX - General: 1.25 Credits VA - General: 1.0 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Course Price:
$19.99
Technology and Bias - Spreading it and Stopping it
Technology and Bias - Spreading it and Stopping it Details
Price:
$19.99
Course Description
This lecture deals with how technology both spreads and helps eliminate conscious and unconscious bias in the legal profession, and what can be done to continue to use technology to identify and eliminate patterns of bias while being aware of how the wrong use of technology can unfortunately help spread it.
Course Agenda
Conscious vs Unconscious Bias
UCSF Study
AI & Its role in determining bias
Using technology to fight bias
Bias for not using technology
Technology & Age Bias
Sexual Bias
Economic Bias
Cultural Bias
Solutions?
Course Credit per State
AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits FL - Technology: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits MS - General: 1.1 Credits MT - Self Study: 1.0 Credits NC - General: 1.0 Credits NY - General: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.13 Credits TN - General: 1.13 Credits TX - General: 1.25 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
The California Privacy act was put in place in 2018 but is being enforced now in 2020. Learn about how this law changes your practice and what you can do to prepare your law office and clients to deal with this (and soon to be in many other States) Privacy act, in both a technological & contractual way to avoid pitfalls and clarify with clients how their data will be protected.
Course Agenda
How did we get here?
Greater threats than ever before
Rule 1.6 Confidential Information of a Client
(a) A lawyer shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) unless the client gives informed consent?
Rule 1.4 Communication with Clients
What is the CA Privacy Act
Who is covered?
What data is covered?
What is a Data Broker?
How do I comply?
Tech Solutions
Contractual Solutions
Why get a specialist?
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits NY - General: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Them Spyin Eyes: Computer Security and the GDPR Details
Price:
$19.99
Course Description
The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information of individuals within the European Union (EU). California passed a similar bill called The California Consumer Privacy Act of 2018. The GDPR creates "Data Controllers" and "Data Processors" and protects "PII," or Personally Identifiable Information. This program helps attorneys understand the GDPR, protection of client data and what advice to provide businesses, particularly those with business interests in the EU. Mr. Jackman discusses the appointment and role of a Data Protection Officer, the rights of the data subject, compliance regulations, data breaches, and potential sanctions for failure of U.S. to follow the GDPR framework, as GDPR is applicable as long as the organization stores personal data of EU citizens.
Under GDPR personal data is any information relating to an individual, whether it relates to his or her private, professional or public life. It can be anything from a name, a home address, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer's IP address. With privacy rights a major legal issue, this program provides an ideal way to understand the issues and requirements in general and GDPR in particular.
Course Agenda
What is the GDPR?
Why do I care about the GDPR?
PII - Personally Identifiable Information
Data Collector vs Data Processor
Approach to Protection: More than one layer
Technical Protection: SECURITY of Data!
Contractual Compliance: GDPR needs it!
The Data Controller: the Buck Stops Here
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits ME - Self Study: 1.0 Credits MO - Self Study: 1.2 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Through the Smoke: Legal Trends and Gun Violence Details
Price:
$19.99
Course Description
We are experiencing an epidemic of gun violence in this country.
The parents of a student killed in the 2018 massacre at Marjory Stone-man Douglas High School, in Parkland, Florida, the deadliest high school shooting in United States history, set up and tricked a former president of the National Rifle Association into giving a high school graduation speech defending gun rights in front of 3,044 empty chairs, one chair for each student who couldn?t graduate because they were killed by gun violence.
A political stunt? Perhaps, yet it effectively illustrates the severity of the problem. It further invites us to examine the legislative solutions we ap-ply to those societal problems that impact us most. We are living through a stress test exposing flaws inherent to our system of justice. (We look to the law to fix the flaws!)
With our time together today, we will examine contemporary legal trends in regard to the 1) problem related to Gun Violence, and 2) Legislative solutions in response to those problems, 3) Impacting the rights and remedies of so many, 4) Conclude: Take Away Observations) re: Impact on Practitioners.
Course Agenda
Legal trends regarding gun violence
The history of gun violence in the U.S.
The trajectory of gun legislation
Factors contributing to gun violence such as mental health, domes-tic violence, etc.
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits NY - General: 1.0 Credits TX - General: 1.0 Credits
Course Presenter(s)
Greg Woods, J.D.
Greg Woods received his Doctor of Jurisprudence from San Francisco Law School and holds a Bachelor of Arts from San Jose State University. At San Francisco Law School Greg was a recipient of the Bernard Witkin Award for academic excellence in Contracts Writing and was an editorial staff member with the San Francisco Law Review. He served as a Certified Legal Intern with the Office of the District Attorney in San Francisco.
Greg Woods presently serves as Lecturer with the Department of Criminal Justice Studies at San Francisco State University and was recently named Lecturer of Justice Studies at San Jose State University and at the Department of Criminology Studies at Sonoma State University.
As an educator, constitutional scholar, law enforcement/legal trend watcher and student of history, Greg constantly seeks and receives information from a wide variety of sources and is in the forefront as a commentator on topical issues in Criminal Law.
Outside the classroom, Greg has been acknowledged by former students at the annual San Francisco State Scholar Athlete Reception as a faculty member who ?made a valuable impact on their academic life.?
Course Price:
$19.99
Time to Say Goodbye: Ethical Considerations When Ending Client Relationship
Time to Say Goodbye: Ethical Considerations When Ending Client Relationship Details
Price:
$19.99
Course Description
An important yet overlooked issues in practicing law are the ethical considerations when
ending formal relationships with clients. If you work in a large law firm such matters would
hopefully be routine but small firms and private practice attorneys frequently make mistakes in
this area. In this course we look at what the ethical framework is that underlies these
principles. We then examine in detail the two types of withdrawals: optional and mandatory.
Both case law and personal examples are explored to make these concepts concreate. We end
the course by looking at different situations where formally ending a relationship is necessary
and then explore some best practices.
Course Agenda
Overview
Types of Termination
Ethical Framework
Mandatory Withdrawal
Optional Withdrawal
Case Cites/Examples
Personal Examples
Best Practices
Other Situations
Course Credit per State
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits NY - Ethics: 1.0 Credits TX - Ethics: 1.0 Credits VA - Ethics: 1.0 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
The unauthorized practice of law, (UPL), is "engaging in the practice of law by persons or entities not authorized to practice law" and the State needs to control who holds themselves out as an attorney to give value to the licensing and ethics control entities such as the Bar Associations and Court systems. Tensions arise when consumers need certain services which they may believe are too costly if performed by a bona fide lawyer or firm. This course outlines those tensions, the balancing factors which certain states have used to address these issues and takes a close look at several situations in which the non-lawyer entities may pose a risk to the public, and where lawsuits have been necessary to limit or curtail these non-lawyer entities.
Course Agenda
What is UPL?
The Wills Crisis and UPL
LegalZoom & UPI
Cases
The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980)
Peters Production, Inc. v. Desnick Broadcasting Company
Ginger v. Cohn (Cite 426 F.2d 1385)
Bay County Bar Association v. Finance System, Inc.
State v. Despain, 319 S.C. 317, 460 S.E.2d 576 (1995),
Franklin v. Chavis, 371 S.C. 527, 640 S.E.2d 873 (2007)
Kone v. Wilson,630 S.E.2d 744, 272 Virginia 59 (2006)
House Counsel
Punishments for Violations: Examples
Conclusions
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Professionalism: 1.0 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.1 Credits NC - Professional Responsibility: 1.0 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Legal Ethics: 1.0 Credits TN - Dual: 1.05 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Update on NLRB Cases, Guidance and Rulemaking Details
Price:
$19.99
Course Description
Course Agenda
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits NY - General: 1.0 Credits
Course Presenter(s)
Thomas A. Lenz
Experience
Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
Course Price:
$19.99
Water Law: Water Rights, Droughts, and a Flood of Legal Issues
Water Law: Water Rights, Droughts, and a Flood of Legal Issues Details
Price:
$19.99
Course Description
This program covers an array of legal, regulatory and policy topics involving California water supplies and related environmental issues, all of which implicate federal, state and local laws and regulations. California often serves as a model utilized by other states for some of these matters, making this discussion helpful for understanding what occurs throughout California and beyond. The program identifies different types of water rights, regulatory overlays from all levels of government and distinctions between surface and groundwater rights and rules. Also discussed is navigating through drought and climate change conditions when water demands may be high but supplies low. The presenter offers ideas looking ahead to avoid or resolve water resource disputes.
Course Agenda
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits NY - General: 1.0 Credits TX - General: 1.0 Credits
Course Presenter(s)
Wes Miliband
Wes Miliband is a partner with Atkinson, Andelson, Loya, Ruud and Romo, AALRR, a full-service law firm with over 200 attorneys in nine offices throughout California.
AALRR represents both private and public sector clients, with emphasis in the areas of employment, labor, construction, education, real estate, water, general business and business litigation, corporate and taxation.
Mr. Miliband works out of the firm?s Sacramento and San Diego offices. He is an environmental lawyer focused on water resources and environmental issues throughout California involving surface water, groundwater and fisheries issues. Mr. Miliband represents public and private agencies, individuals as well as a federally-recognized Indian tribe.
Mr. Miliband started his legal career as a Deputy District Attorney in Orange County, where he prosecuted twenty jury trials and several more before the court. Prior to law school, Wes was on staff for a Member of Congress.
He frequently speaks and publishes articles throughout California. More information about Mr. Miliband is available on the Firm?s website, www.aalrr.com.
Whistle-Blower Claims: Avoiding the Courthouse Details
Price:
$19.99
Course Description
During this presentation, Fisher Phillips Partner, Jason Geller will discuss, what constitutes retaliation, protecting and defending your company against such claims, whistle-blower protection vs. retaliation claims and creating policies and procedures to minimize problems, claims and lawsuits.
Course Agenda
The rise in whistleblowing and retaliation lawsuits
Important laws protecting employees against retaliation for whistleblowing
Enforcement by governmental agencies
What is ?protected activity? and how to spot it
Effective responses to whistleblowing and ?protected activity?
Why So Much Whistleblowing?
Publicity: Federal and State whistleblowing claims are in the press
Creates liability where none existed!
The Legal Landscape: What We Need to Know - ?Protected Activity?
Wrongful Discharge in Violation of ?Public Policy?
Federal False Claims Act
National Labor Relations Act
State laws protecting whistleblowers
The ?adverse actions? that can cause problems:
The Legal Landscape: What We Need to Know ? ?Adverse Action?
Look Out! Government Agencies Are Involved
EEOC, OSHA, NLRB, SEC State agencies
SEC Whistleblowing Program
SEC/NLRB enforcement:
Defend Trade Secrets Act
Social media policies
Recent wage/hour complaint?
The Best Response: Solid Policies and Practices
Employer complaint procedures
The Best Response: Solid Policies and Practices
Employer?s investigation protocol
Employer?s response to protected activity
Conduct objective and thorough investigation required by the circumstances
Carefully evaluate risks of subsequent discipline to employee
The Best Response: Spot Retaliation ?Red-Flags? And Shut Them Down!
Stricter supervision
New performance issues
Higher standards or expectations
Supervisor complaints to others
Coworkers shun, tease, threaten
Knock, Knock: The Government Is at Your Door on A Whistleblowing Complaint
Gatekeeping when the auditor arrives
Final Questions
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits MO - Self Study: 1.0 Credits MS - General: 1.1 Credits MT - Self Study: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Jason A. Geller
Jason A. Geller is the Managing Partner of Fisher & Phillips' San Francisco office. Fisher & Phillips is one of the largest U.S. law firms representing management exclusively in the areas of labor, employment, civil rights, employee benefits, and immigration law. The firm has 31 offices with 300 attorneys.
Jason represents employers in all facets of employment law
matters. He has considerable experience defending employers in
litigation involving claims under the Family and Medical Leave Act
(FMLA), the California Family Rights Act (CFRA), the Age
Discrimination in Employment Act (ADEA), the California Fair
Employment and Housing Act (FEHA) and California wage and hour
laws. Jason has also defended employers against whistleblowing
and retaliation claims, including claims under the California
Whistleblower Act, the False Claims Act and various provisions of
The California Labor Code.
Jason has extensive experience defending employers in Federal and
State courts, as well as in investigations by the Equal Employment
Opportunity Commission (EEOC), the DFEH, United States
Department of Labor (DOL) and the National Labor Relations Board
(NLRB).
In addition to defending his clients in litigation, Jason frequently
counsels employers to assist them in avoiding litigation. He regularly
advises clients on leave management issues and the interactive
process for employees with disabilities, reinstatement obligations
under various leave laws and wage and hour compliance. Jason has
prepared employee handbooks and a variety of agreements,
including independent contractor, employment, confidentiality and trade secrets agreements.
His clients are involved in a variety of industries, including assisted living, independent living facilities, construction, manufacturing, engineering, architecture, professional services, agriculture,
technology, retail and restaurant industries.
Jason was included in Northern California Super Lawyers in 2015.
Professional Activities
Board Member, Northern California Human Resources Association - East Bay Chapter
Member, Marin Human Resources Forum (1995-2000)
Member, Labor and Employment Section of the San Francisco Bar Association
Board Member & Legislative Co-chair, Employers' Advisory Council of the California Employment Development Department
Member, Labor and Employment Section of the State Bar of California
Member, Advisory Committee on Employment Law Jury Instructions of the Labor and Employment Section of the State Bar of California
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