Georgia CLE Course Catalog

Online, Anywhere, Anytime

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Individual CLE Courses

Continuing Legal Education Online Courses with MCLEZ are for Georgia attorneys who want to make the most of their time and money. Easily earn Georgia Online CLE credit through courses which have been produced in a variety of legal subjects that matter to you.

MCLEZ provides online continuing legal education courses that have been individually pre-approved for online CLE credit by the Georgia Commission on Continuing Lawyer Competency.

Georgia Commission on Continuing Lawyer Competency phone # (404) 527-8710

Georgia CLE Courses

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Continued Progress in Diversity and Inclusion in the Legal Profession

Price: $19.99

Steven A. Nielsen objectively addresses progress made and new challenges faced by the legal profession in the areas of diversity and inclusion. This program includes a through review of multiple newly published articles and surveys, discernable trends, and valuable resources available. Topics include bullying as a form of gender discrimination, and ageism and mental health as other forms of perceived bias. He includes information on new programs that provide loan counseling and cross-cultural competency in ABA accredited law schools, the Diverse Lawyers Trial Academy which aims to further "first chair" opportunities for women, the Community Fund for Black Bar applicants and the AccessLex Center for Legal Education Excellence.

Mr. Nielsen reviews new data from the ABA on diversity and the need to promote minority associates. He notes a general cultural shift, such as in California where an ethnic studies course is required to graduate high school. He also discusses efforts by large law firms to now allow numerous hours per year of pre-approved Diversity and Inclusion work to count toward billable hours and bonuses and suggests a number of courses of action to improve discussion of diversity, equity and inclusion issues in law firms.

Credits:

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 - Diversity and Inclusion: 1.0 Credits, IN - Distance Education: 1.1 Credits, KY - General: 1.25 Credits, ND - Self Study: 1.0 Credits, NH - General: 1.25 Credits, NJ - Diversity Inclusion Elimination of Bias: 1.2 Credits, NV - General: 1.0 Credits, NY - Diversity and Inclusion: 1.0 Credits, OK - Distance Learning: 1.0 Credits, PA - Ethics: 1.0 Credits, TN - General: 1.07 Credits, TX - General: 1.0 Credits, UT - Civility: 1.0 Credits

Course Agenda:

  • Diversity and Inclusion, and now Equity - Have we seen progress?
  • Can C-suite diversity officers really make a difference?
  • SEC Approves Nasdaq Listing Rules Regarding Board Diversity
  • LinkedIn debuts Top Voices in Racial Equity
  • Workplace Bullying
  • Loan counseling and cross-cultural competency programing
  • What does the past literature tell us?
  • What does the current literature tell us?
  • A Summary of the Current Trends
  • Is Mental Health a Point of Diversity?
  • Bias - A Proposed Big Picture View
  • A Proposed Big Picture Approach
  • Group Bias
  • Discriminating
  • How do we reduce bias?
  • Bias in Action

Course Presenter(s):

  • Steven A Nielsen
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Cryptocurrency - New Age Money or Scam

Price: $19.99

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.

Credits:

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, 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: 1.06 Credits

Course Agenda:

  • What is crypto currency?
  • Defining Bitcoin
  • Advantages and Disadvantages of Cryptocurrency
  • The Real Cost of Mining Bitcoin
  • CASES
  • Top 5 Crypto Currency Failures

Course Presenter(s):

  • Russell Jackman, Esq.
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Demystifying Cyber Security

Price: $19.99

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.

Credits:

AZ - General: 1.0 Credits, CT - General: 1.0 Credits, FL - Technology: 1.0 Credits, GA - Self Study: 1.0 Credits, IN - Distance Education: 1.0 Credits, MO - Self Study: 1.2 Credits, MT - Self Study: 1.0 Credits, NY - Cybersecurity: 1.0 Credits

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 Presenter(s):

  • Russell Jackman, Esq.
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Ethical Considerations when Screening and Selecting New Clients

Price: $19.99

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.

Credits:

AZ - Professional Responsibility: 1.25 Credits, CA - Ethics: 1.0 Credits, CT - Ethics: 1.0 Credits, FL - Ethics: 1.0 Credits, GA - Ethics: 1.5 Credits, IL - Professional Responsibility: 1.25 Credits, IN - Ethics: 1.2 Credits, NC - Professional Responsibility: 1.0 Credits, NH - Ethics: 1.25 Credits, NJ - Ethics: 1.5 Credits, NY - Ethics: 1.0 Credits, OH - Attorney Professional Conduct: 1.25 Credits, TN - Dual: 1.23 Credits

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 Presenter(s):

  • David Graulich, Esq.
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Ethics and the Court of Public Opinion

Price: $19.99

Calculated to increase awareness of significant issues impacting the integrity of the legal profession and public trust, the course examines high profile examples of wrongful behavior and traditional notions of moral character. From select sections of the Model Rules of Conduct and terms and concepts from the ethical tradition, it is an informed analysis of questionable decision making under difficult circumstances requiring practitioners to employ the highest standards of care, to preserve the rights and remedies of those they serve and promote the credibility of the justice system.

Credits:

AK - Ethics: 1.0 Credits, AL - Ethics: 1.0 Credits, AZ - Professional Responsibility: 1.0 Credits, CA - Ethics: 1.0 Credits, CT - Ethics: 1.0 Credits, GA - Self Study: 1.0 Credits, IL - Professional Responsibility: 1.0 Credits, IN - Ethics: 1.0 Credits, KY - Ethics: 1.0 Credits, NV - Ethics: 1.0 Credits, NY - Ethics: 1.0 Credits, OH - Self Study: 1.0 Credits, OK - Legal Ethics: 1.0 Credits, PA - Ethics: 1.0 Credits, TN - Dual: 1.13 Credits, TX - Ethics: 1.0 Credits, VA - Ethics: 1.0 Credits

Course Agenda:

Attorneys will benefit from the examination of the Model Rules of Conduct, increase awareness of issues and trends involving professional responsibility, and visit the harmful impact questionable behavior has on the public trust. To better deliver the constitutional imperative and improve their advocacy for the rights and remedies of those they serve, the result delivers a prescription for credibility of the judicial process and integrity of the justice system for practitioners in the United States. The overall value aspires to preserve civil rights, promote dignity of the profession, increase public trust, and improve quality of life.

Course Presenter(s):

  • Greg Woods, J.D.
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FOIA: Freedom of Information Act - 2021 Update

Price: $29.99

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

Credits:

AL - On-Demand: 2.0 Credits, AZ - General: 2.0 Credits, CA - General: 2.0 Credits, FL - General: 2.5 Credits, GA - Self Study: 2.0 Credits, IL - General: 2.0 Credits, IN - Distance Education: 2.0 Credits, MT - Self Study: 2.0 Credits, NC - General: 2.0 Credits, ND - Self Study: 2.0 Credits, NH - General: 2.0 Credits, NJ - General: 2.5 Credits, NY - General: 2.0 Credits

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 Presenter(s):

  • Pete Sorenson
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Google LLC v. Oracle America Inc.

Price: $29.99

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.

Credits:

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, IN - Distance Education: 1.7 Credits, MT - Self Study: 1.75 Credits, NC - General: 1.5 Credits, ND - Self Study: 1.0 Credits, NH - General: 1.75 Credits, NJ - General: 2.1 Credits, NV - General: 1.5 Credits, NY - General: 2.0 Credits

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 Presenter(s):

  • Michael Carroll
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How CRMS Can Help Your Legal Practice

Price: $19.99

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.

Credits:

AZ - General: 1.25 Credits, CA - General: 1.25 Credits, FL - Technology: 1.5 Credits, GA - Self Study: 1.0 Credits, IL - General: 1.25 Credits, ND - Self Study: 1.25 Credits, NH - General: 1.25 Credits, NJ - General: 1.5 Credits, NV - General: 1.0 Credits, NY - General: 1.25 Credits

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 Presenter(s):

  • Russell Jackman, Esq.
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How to Write an Effective Mediation Brief

Price: $19.99

In this course we will look at the effective strategies in writing a mediation brief. A mediation brief is an underappreciated tool in setting the right tone in a mediation that balances a forceful legal argument and a stance of conciliation. A mediation brief is also an important opportunity to educate the mediator that increased the change of both sides reaching an agreement.

Credits:

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: 1.0 Credits, KY - General: 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, OH - Self Study: 1.0 Credits, OK - Distance Learning: 1.0 Credits, PA - Distance Learning: 1.0 Credits, TN - General: 1.02 Credits, TX - General: 1.0 Credits, VA - General: 1.0 Credits

Course Agenda:

  • Introduction
  • Share or not to share
  • Why share
  • Avoid repurposed legal documents
  • Summarize facts efficiently
  • Cite case law appropriately
  • Set the proper tone
  • Look to persuade not to put off
  • Imagining and addressing what the other side needs
  • Don?t overlook mediation history
  • What happens prior to mediation?
  • Address obstacles to settlement
  • Propose workable creative solutions

Course Presenter(s):

  • Bruce Edwards
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Implicit Bias and Bias-Reduction Strategies

Price: $19.99

Having presented MCLE programs in the areas of "Elimination of Bias in the Legal Profession" and "Diversity, Inclusion and Equity" for over a decade, attorney Steven A. Nielsen has witnessed the importance of these issue grow, along with the statistical data and measurement of progress. In this presentation, Mr. Neilsen focuses on "Implicit Bias," and the promotion of bias-reducing strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system. Among specific Implicit (or "Subconscious") Biases which he addresses are "Ageism," and "The Halo Effect." He discusses the impact these biases have on the legal profession and society writ large, on individual lawyers and their practices, and scenarios in which they can impact the courtroom and the law firm workplace.

Credits:

AL - On-Demand: 1.0 Credits, AZ - General: 1.0 Credits, CA - Implicit Bias: 1.0 Credits, CT - General: 1.0 Credits, FL - Professionalism: 1.0 Credits, GA - Self Study: 1.0 Credits, IL - Diversity and Inclusion: 1.0 Credits, IN - Distance Education: 1.0 Credits, ND - Self Study: 1.0 Credits, NH - General: 1.0 Credits, NJ - Diversity Inclusion Elimination of Bias: 1.3 Credits, NV - General: 1.0 Credits, NY - General: 1.0 Credits, OH - Attorney Professional Conduct: 1.0 Credits, OK - Distance Learning: 1.0 Credits, TN - Dual: 1.08 Credits, TX - General: 1.0 Credits, VA - General: 1.0 Credits

Course Agenda:

Course Presenter(s):

  • Steven A Nielsen
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Policing from Where we Are Today

Price: $19.99

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.

Credits:

AZ - General: 1.25 Credits, CA - General: 1.25 Credits, FL - General: 1.5 Credits, GA - Self Study: 1.0 Credits, IL - General: 1.25 Credits, NC - General: 1.25 Credits, ND - Self Study: 1.25 Credits, NH - General: 1.25 Credits, NJ - General: 1.5 Credits, NV - General: 1.5 Credits, NY - General: 1.5 Credits, OH - Self Study: 1.25 Credits, TN - General: 1.3 Credits, UT - Self Study: 1.0 Credits

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 Presenter(s):

  • Greg Woods, J.D.
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Progress in Diversity and Inclusion in the Legal Profession

Price: $19.99

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.

Credits:

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 - Diversity and Inclusion: 1.0 Credits, IN - Distance Education: 1.0 Credits, NH - General: 1.0 Credits, NV - Ethics: 1.0 Credits, NY - Diversity and Inclusion: 1.0 Credits, OH - Attorney Professional Conduct: 1.0 Credits, TN - Dual: 1.0 Credits, TX - General: 1.0 Credits

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 Presenter(s):

  • Steven A Nielsen
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Taking Depositions in the New Virtual Era

Price: $19.99

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.

Credits:

AZ - General: 1.25 Credits, CA - General: 1.0 Credits, CT - General: 1.0 Credits, FL - Technology: 1.0 Credits, GA - Self Study: 1.0 Credits, IL - General: 1.25 Credits, IN - Distance Education: 1.3 Credits, KY - General: 1.25 Credits, NH - General: 1.25 Credits, NJ - General: 1.5 Credits, NV - General: 1.5 Credits, NY - General: 1.0 Credits, OH - Self Study: 1.25 Credits, TN - General: 1.28 Credits

Course Agenda:

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

Course Presenter(s):

  • David Graulich, Esq.
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Technology and Bias - Spreading it and Stopping it

Price: $19.99

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.

Credits:

AL - On-Demand: 1.0 Credits, 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, MT - Self Study: 1.0 Credits, NJ - Diversity Inclusion Elimination of Bias: 1.4 Credits, NY - Diversity and Inclusion: 1.0 Credits, SC - General: 1.13 Credits

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 Presenter(s):

  • Russell Jackman, Esq.
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Update on NLRB Cases, Guidance and Rulemaking

Price: $19.99

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, ND - 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, PA - Distance Learning: 1.0 Credits, TN - General: 1.07 Credits, TX - General: 1.0 Credits, UT - Self Study: 1.0 Credits

Course Agenda:

Course Presenter(s):

  • Thomas A. Lenz
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Whistle-Blower Claims: Avoiding the Courthouse

Price: $19.99

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.

Credits:

AK - Voluntary: 1.0 Credits, AZ - General: 1.0 Credits, CA - General: 1.0 Credits, FL - General: 1.0 Credits, GA - Self Study: 1.0 Credits, IL - General: 1.0 Credits, MO - Self Study: 1.0 Credits, MT - Self Study: 1.0 Credits, NV - General: 1.0 Credits, NY - General: 1.0 Credits, TX - General: 1.0 Credits

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 Presenter(s):

  • Jason A. Geller