Continuing Legal Education Online Courses with MCLEZ are for Indiana attorneys who want to make the most of their time and money. Easily earn Indiana Distance Learning CLE credit through courses which have been produced in a variety of legal subjects that matter to you.
If you are new to MCLEZ, try a course for free before you make your purchase with our Free CLE program. To easily fulfill all of your allowable Distance Learning CLE hours, see our Indiana Bundles page under State CLE Bundles.
MCLEZ provides distance continuing legal education courses which have been pre-approved by the Indiana Commission for CLE. Our sponsor ID # is 0106407
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
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.
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 FL - General: 1.0 Credits IN - Distance Education: 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
Business and Asset Protection Strategies in the Age of Covid-19
Business and Asset Protection Strategies in the Age of Covid-19 Details
Price:
$19.99
Course Description
than those who have not. This engaging presentation on protecting assets from plaintiffs, lenders, creditors and the government will cover lessons learned from the financial crisis of 2008 that we can apply to the current landscape, what businesses can do now to transition into the recession, and how companies and individuals can protect their assets from litigation and creditor threats. The instructor will share real-life stories and anecdotes, and will present a very practical approach to protecting assets. The discussion will also cover asset protection planning in a troubled economy, focusing on protecting assets from lenders and landlords and how to plan after a lawsuit, a default or an accident.
Course Agenda
Overview of Asset Protection
Fraudulent Transfers
Business Entities
Trusts in Asset Protection
Protecting Specific Assets
How to plan for a lawsuit
Course Credit per State
AZ - General: 1.5 Credits CA - General: 1.5 Credits CT - General: 1.5 Credits GA - Self Study: 1.5 Credits IL - General: 1.25 Credits IN - Distance Education: 2.1 Credits NJ - General: 1.6 Credits NY - General: 1.5 Credits OH - Self Study: 1.25 Credits OK - Distance Learning: 1.5 Credits SC - General: 1.31 Credits TX - General: 1.25 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
Course Price:
$19.99
COVID-19 Legal Implications and Considerations for Businesses
COVID-19 Legal Implications and Considerations for Businesses Details
Price:
$19.99
Course Description
When a crisis hits, getting a head start matters and those who have prepared will fare better than those who have not. This engaging presentation on protecting assets from plaintiffs, lenders, creditors and the government will cover lessons learned from the financial crisis of 2008 that we can apply to the current landscape, what businesses can do now to transition into the recession, and how companies and individuals can protect their assets from litigation and creditor threats. The instructor will share real-life stories and anecdotes, and will present a very practical approach to protecting assets. The discussion will also cover asset protection planning in a troubled economy, focusing on protecting assets from lenders and landlords and how to plan after a lawsuit, a default or an accident.
Course Agenda
Overview of Asset Protection
Fraudulent Transfers
Business Entities
Trusts in Asset Protection
Protecting Specific Assets
How to plan for a lawsuit
Course Credit per State
CA - General: 1.5 Credits IN - Distance Education: 1.5 Credits MO - Self Study: 1.8 Credits NY - General: 1.5 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 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 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
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
AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits FL - Ethics: 1.0 Credits IL - Diversity and Inclusion: 1.0 Credits IN - Distance Education: 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
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.
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 NC - Professional Responsibility: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.3 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.08 Credits TN - Dual: 1.08 Credits UT - Ethics: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Course Price:
$19.99
Ethical Issues for Trust, Estate & Probate Attorneys Under the California End of Life Option Act
Ethical Issues for Trust, Estate & Probate Attorneys Under the California End of Life Option Act Details
Price:
$19.99
Course Description
The California End of Life Option Act ("EOLOA" or "the Act"), operative since June 9, 2016, impacts estate, trust, and probate practice in a variety of ways. This article explains the Act's eligibility and procedural criteria and shows how potential EOLOA fact patterns can implicate certain ethical rules of professional responsibility. Specifically, this article focuses on the interaction between the EOLOA and some of the updated Rules of Professional Conduct, effective since November 1, 2018.
Course Agenda
EOLOA Eligibility Criteria & Procedures
California's End of Life Option Act (EOLOA)
Summary of Eligibility Criteria
Health & Safety Code Sec. 443.2
Key Terms
Qualified Individual
Capacity to Make Medical Decisions
Informed Decision
Terminal Disease
Self-Administer
Summary of Process: Patient Perspective
Health & Safety Code Sections 443.3, 443.5-443.7
Requirements for Patient's Written Request
Who Can be a Witness?
Summary of Process: Physician Perspective
EOLOA: Estate Planning
Donative Transfers Presumed Invalid
Care Custodian
Health & Social Services
Dependent Adult (Senior)
Dependent Adult (Non-Senior)
EOLOA & Care Custodian
Care Custodian as Heir?
EOLOA: Safe Harbor
EOLOA: Criminal Conduct
EOLOA & Cal. Rules of Professional Responsibility
Ethical Issue #1: Diligence
(as of November 10, 2018)
Fact Pattern: Diligence
Ethical Analysis
Ethical Issue #2: Confidential Information of a Client
(as of November 10, 2018)
Fact Pattern: Permissive Disclosure of Client Information
Ethical Analysis
Ethical Issue #3: Conflict of Interest -
Current Clients
(as of November 10, 2018)
Directly Adverse
Significant Risk?
Materially Limit
Financial, Family, or Intimate
Relationships
Fact Pattern: Avoiding the Representation of Adverse Interests
Ethical Analysis
Course Credit per State
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Legal Ethics: 1.0 Credits TX - Ethics: 1.0 Credits
Course Presenter(s)
Ariana Perfecto
Ariana M. Perfecto is an attorney at Lagerlof, LLP in Pasadena, California. She focuses on estate planning and trust administration. Ms. Perfecto earned her Juris Doctor from Pepperdine University School of Law. The California Trusts and Estates Quarterly recently published her article entitled, "The Practitioner's Guide to Preserving the Latino Legacy."
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 MO - Self Study: 2.1 Credits NH - General: 1.75 Credits NY - General: 2.0 Credits OH - Self Study: 1.75 Credits OK - Distance Learning: 2.0 Credits SC - General: 1.8 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
The government crackdown on foreign accounts over the past several years has created uncertainty about taxation and compliance. This program sheds some lights on the topic. It provides an overview of foreign financial accounts, private banking in Switzerland, investments, asset protection, client responsibilities, and FATCA, (the Foreign Account Tax Compliance Act). It presents a thorough discussion of tax reporting and compliance, penalties for non-disclosure, and options available for remedying non-compliance. In addition, the presenters discuss tax preparation for foreign transactions, distinguishing between U.S. and non-U.S. persons for tax purposes, Nexus, disclosure and more.
Course Agenda
Private Banking in Switzerland
Why Switzerland?
Swiss Vital Statistics
What is a Private Bank?
Diversification: Investments, Currency and Jurisdiction
Portfolios
Bank Compliance
Compliance with FBAR Filing Requirements & Government Enforcement of Offshore Compliance
Reporting Requirements Related to Offshore Accounts and Assets
Foreign Bank Account (FBAR) Reporting
FBAR Filing Requirements
Other International Reporting Requirements
Criminal and Civil Penalties ? FBAR Violations
Willful or Non-Willful Penalty?
Maximum Amount of FBAR Willful Penalty
Non-Willful Penalty
Recent Developments in Offshore Tax Enforcement
Undisclosed Foreign Accounts ? What to Do?
Voluntary Disclosure Resolution Framework
Streamlined Filing Compliance Procedures
Delinquent FBAR Procedures and Delinquent International Information Return Submission Procedures
Alternatives for Voluntary Disclosure
Audit and Litigation
Compliance in Cross Border Foreign Direct Investing
US Persons Defined
Reporting Primary Tax Filings
Foreign Tax Credit Form 1118 & 1116
Reporting Foreign Activity
GILTI
Disclosures
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits NJ - General: 1.3 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
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 NH - General: 1.25 Credits NJ - General: 1.5 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.
The field of Intellectual property is an ever-changing area of law. This lecture will talk about the basic concepts behind IP law including Patents, Trademarks and Copyrights, what they cover and what potential limits and conflicts can be in enforcing them.
CA - General: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits MS - General: 1.2 Credits NC - 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 SC - General: 1.15 Credits TN - 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 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 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.
In this important lecture, Russell Jackman, Esq. talks about identifying the largest drug crisis of modern times: Opioid Addiction. He talks about identifying it, the problems involved, possible solutions and his own personal experience dealing with Opioids when he was injured significantly in 2016 and in 2020.
Course Agenda
The Opioid Crisis: How Prevalent is it?
What are Opioids?
The most commonly used opioids
Common Opioid Risks
Opioid Side Effects
2016 ABA Survey
Profession drives depression
Driving Factors to use Opioids
Help Available for Attorneys
"The Other Bar" - otherbar.org
Other Bar "self test"
My Own Experience
Opioid Treatment Alternatives
Course Credit per State
AZ - General: 1.0 Credits CA - Competence Issues: 1.0 Credits FL - Substance Abuse: 1.0 Credits GA - Self Study: 1.0 Credits IL - Mental Health - Substance Abuse : 1.0 Credits IN - Distance Education: 1.0 Credits NJ - Ethics: 1.3 Credits NV - Substance Abuse: 1.0 Credits NY - General: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Distance Learning: 1.0 Credits PA - Distance Learning: 1.0 Credits SC - Substance Abuse: 1.05 Credits TN - General: 1.05 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.
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 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
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 NV - General: 1.0 Credits NY - 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 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 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
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 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 NV - General: 1.0 Credits NY - General: 1.0 Credits SC - General: 1.11 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.
This course talks about the growing need for civility training and awareness regarding maintaining civility, especially with today's modern online environment. Special attention is paid to the 2Civility program by Illinois and real life examples of civility experiences with an interview of a mediation attorney, Joann Babiak.
Course Agenda
Lawyers Image
Lack of Civility = National Problem
How Prevalent is it?
Illinois Example of Civility in Practice
California Attorney Guidelines of Civility and Professionalism
Civility in the Practice of Law
Ways to Maintain Civility
Advice from Joann Babiak, mediator
SECTION 17 PRIVACY
Why is online civility different?
The Negative Results of Online Harassment
Advice
ATTORNEY?S PLEDGE
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Distance Education: 1.0 Credits MS - General: 1.1 Credits NC - General: 1.0 Credits NJ - General: 1.3 Credits NY - General: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Distance Learning: 1.0 Credits TN - General: 1.08 Credits TX - General: 1.0 Credits UT - Civility: 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.
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 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 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 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.?
Whether being used as a mediation/negotiation tool or for opening/closing statements in court, PowerPoint has many features and strategies that allow attorneys to create a better impression for their cases, when used in the correct fashion. This course not only talks about features that can be used to help attorneys win cases but also strategies that make these features more effective on a specifically legal-based audience such as a jury in court.
Course Agenda
Why PowerPoint?
How Does PowerPoint Work?
Visuals
Templates
Techniques
General PowerPoint Strategies
Start Digital to Stay Digital
Backgrounds/Watermarks
Highlighting Documents
TIMELINES
Organizational Charts
Google Maps/Street View
Projector tips: 2500 lumens or better
Export/Save as Video/Package for CD
Work Collaboratively/Cloud?
Rehearse, Rehearse & Rehearse (and have a backup plan!!!)
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits NC - General: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits TN - 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 presentation by Rachel L. Hulkower from CDC will address the legal principles framing the collection, use, and release of health data for public health activities, including issues such as privacy, confidentiality, HIPAA, and data use agreements.
Course Agenda
Public Health Law Program
Privacy, Confidentiality, Security, and Authorization - Untangling the Legal Issues
Sources of Data - Disease Surveillance, Reporting, and the Law
Uses of Data - State Authority to Investigate and Control Disease Outbreaks
Disclosure of Data - Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule
Data Use Agreements
Course Credit per State
AK - Voluntary: 1.0 Credits CA - General: 1.25 Credits CT - General: 1.3 Credits IN - Distance Education: 1.3 Credits ME - Self Study: 1.25 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits
Course Presenter(s)
Course Price:
$19.99
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.
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.
Structuring foreign investment in the U.S. is a hot topic. With lots of money pouring into the U.S. from the BRIC countries a lot of practitioners find themselves representing foreign clients. Representing such clients requires an understanding of U.S. taxation of foreigners and choice of entity. The discussion of U.S. taxation of foreign investment in the U.S. will provide an overview of effectively connected income, FDAP withholding, FIRPTA withholding, treaty application, branch profits tax and residence tests. Particular attention will be devoted to appropriate entity structures, including onshore-offshore hybrid structures.
Course Agenda
Structuring U.S. Inbound Investments
Inbound Taxation Investment Structures for Foreign Investors
Direct investment
LLC or LP
Domestic corporation
Foreign corporation
Foreign corporation - domestic corporation (or U.S. LLC taxed as a corporation
Income Taxation of Inbound Investments
Residence for income tax purposes
Nonresident alien vs U.S. tax resident
U.S. tax residence is determined based on physical presence in the U.S. or immigration status as a green-card holder
Individuals who are U.S. tax residents are taxed on their worldwide income
NRAs and foreign corporations taxed on investment income from U.S. sources and income from a U.S. trade or business
Domestic corporations are taxed on a new quasi-territorial tax system
Inbound Taxation
NRA Tax Rules
Withholding tax on passive income (FDAP)
Ordinary taxation of business income (ECI)
Capital gains, bank interest, portfolio interest
Foreign Investment in Real Property Tax Act of 1980 (FIRPTA)
Branch profits tax
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits IL - 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
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 MT - Self Study: 1.0 Credits NC - General: 1.0 Credits NJ - Diversity Inclusion Elimination of Bias: 1.4 Credits NY - General: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits PA - 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 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 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 NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Legal Ethics: 1.0 Credits TN - Dual: 1.05 Credits UT - Ethics: 1.0 Credits VA - 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.
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 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: 1.0 Credits MT - Self Study: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 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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