Continuing Legal Education Online Courses with MCLEZ are for Kentucky attorneys who want to make the most of their time and money. For as little as $19.99 per course, easily earn Kentucky technological 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 online CLE hours, see our Kentucky Bundles page under State CLE Bundles.
All courses offered to Kentucky attorneys have been approved for technological CLE credit by the KY Bar Association, CLE Commission. Our sponser ID # is 6641.
In this course, attorney David Graulich will cover the basics of depositions in civil litigations. David is a plaintiff's attorney himself, but will discuss depositions from both the plaintiff's and the defense attorney's side. By the end of this session, attorneys who have never been involved in a deposition, as well as those who have, should be able to leave with some useful tools for future depositions.
Course Agenda
1. Preliminaries
Purpose of the Deposition
Who Will Be Present
When to Depose
Where to Depose
2. Going on the Record
Preliminary Matters
Stipulations
Introduction
3. Style of Questioning
Using an Assistant
Documents
Cross-examination
4. Coping with Objections and Other Problems
Form of the Question
Privilege/Protected Work Product
Motion to Compel
5. When Your Side Is Deposed
Defending Attorney Role
Preparing the Deponent
Making Objections
Maintaining Contact
Asking Questions
Course Credit per State
AL - On-Demand: 1.4 Credits AZ - General: 1.5 Credits CA - General: 1.5 Credits CO - General: 1.62 Credits CT - General: 1.25 Credits FL - General: 1.5 Credits IL - General: 1.25 Credits KY - General: 1.25 Credits MO - Self Study: 1.5 Credits NC - General: 1.25 Credits NH - General: 1.35 Credits NJ - General: 1.6 Credits NY - General: 1.5 Credits OK - Distance Learning: 1.5 Credits PA - Distance Learning: 1.5 Credits TX - General: 1.5 Credits UT - Self Study: 1.5 Credits VA - General: 1.5 Credits WA - General: 1.25 Credits WV - General: 1.62 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
This session provides an overview of the practice of drafting and negotiating software development agreements. Topics to be covered include: pros and cons of waterfall vs. agile approaches to software development; myths of SDAs; SDA clauses of interest; term definitions; warranties; intellectual property concerns; breach of contracts and possible remedies; negotiation styles; negotiation tips for SDA?s; and a list of resources for future reference, including SDA examples and checklists.
Course Agenda
Software Development
Waterfall vs. Agile Software Development
Agreement Components
The Software Development Agreement (SDA)
Myths of SDA?s
Contract Requirements
SDA Clauses of Interest
Points of Interest
Definitions
Pricing/Payment
Exclusivity Clauses
Disclosure/Confidentiality Requirements
Security Clauses
Indemnity Clauses
Assignments
Termination
State Law Jurisdiction
Warranties
Insurance
IP Issues
Make it present tense ?hereby assigns? not future tense
?Work for hire? language is ineffective without a specific transfer of the copyrights
Sublicensing, Transferability
What about a merger? Can that breach non-assignment provisions?
In US: each joint copyright owner may commercialize a copyrighted work WITHOUT their joint owner?s consent, but must account for licensing royalties and may not destroy the value of the work.
Address this in your SDA.
IP Issues
Software Escrow
Breach of Contracts
Remedies
Negotiating Tips
Course Credit per State
AL - On-Demand: 1.3 Credits AZ - General: 1.25 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits CT - General: 1.5 Credits FL - General: 1.5 Credits GA - Self Study: 1.3 Credits IL - General: 1.25 Credits IN - Distance Education: 1.3 Credits KY - General: 1.25 Credits MO - Self Study: 1.5 Credits MS - General: 1.3 Credits NH - General: 1.31 Credits NJ - General: 1.2 Credits NY - General: 1.5 Credits SC - General: 1.31 Credits TN - General: 1.32 Credits TX - General: 1.25 Credits UT - Self Study: 1.5 Credits WA - General: 1.25 Credits WI - On-Demand: 1.5 Credits WV - General: 1.58 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
In this presentation, David B. Gardner, who is a specialist in immigration law in California, will be speaking on ethical issues involving EB-5 (the immigrant investor visa program) and DACA (Deferred Action for Childhood Arrivals) cases, which are very relevant and pertinent issues in immigration law practice today. He will discuss how the government has attempted to fairly regulate the foreign investor visa industry, and some of the major difficulties that have arisen in doing so.
Course Agenda
The EB-5 Visa
Direct Investment
Regional Centers
EB-5 Market
Ethical Dilemma
Scope of Representation
Regional Center
Investment
Attorney Liability
Regional Center?s Law Firm
DACA
Course Credit per State
AK - Ethics: 1.0 Credits AL - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.2 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits KY - Ethics: 1.0 Credits MO - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits OK - Legal Ethics: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.0 Credits TN - Dual: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
David B. Gardner
David B. Gardner has more than 30 years professional legal experience advising clients on U.S. Immigration, International Business and Taxation matters. Mr. Gardner was admitted as a Solicitor in England and Wales in 1974, and as a Solicitor in Hong Kong in 1984. He founded the Law Offices of David B. Gardner in 1985 as an international law practice and since 1996, following a law firm merger, has practiced exclusively in the areas of Immigration and Nationality Law.
Mr. Gardner represents clients in all types of immigration cases before Agencies of the Department of Homeland Security, the Executive Office for Immigration Review and in the Federal District Courts and Circuit Courts of Appeal. He was lead counsel in Vukmirovic v. Ashcroft, 362 F. 3d 1247(9th Cir. 2004.) and Vukimorivic v. Holder (9th Cir. Sept. 2010).
Mr. Gardner was co-founder of several non-for profit organizations including the Spirit of Youth foundation (an exchange program between under-privileged youth from Los Angeles and in the United Kingdom); the California Israel Chamber of Commerce and the Southern California Israel Chamber of Commerce. He was awarded the honor of Cavillieri by the Government of Italy for legal services on behalf of the Italian Consulate in Los Angeles. He is a past president of Bnai David Judea Congregation in Los Angeles and continues to be active in a variety of local and international community organizations.
Legal Ethics: The Limits of Aggressive Counsel Details
Price:
$19.99
Course Description
In this presentation Barry Kaye and Alan F. Broidy will discuss different issues that come up from professional responsibility angles, as well as statutory issues of malicious prosecution that could arise in the context when attorneys go beyond what they should be doing in their required ethical bounds. They will explore what role the attorney should be playing in terms of devising novel legal arguments. They will take look at what the courts say, as well as the existing codes of professional conduct.
Course Agenda
What is the limit?
Rules of Professional Conduct
Example
Elements of Malicious Prosecution
Drawbacks of Malicious Prosecution
Abuse of Process
No Malice?
The Franklin Mint (Manatt) Case
The Courts and Franklin Mint
Practicing outside of competency
Course Credit per State
AK - Ethics: 1.0 Credits AL - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.2 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.0 Credits KY - Ethics: 1.0 Credits MO - Ethics: 1.0 Credits MS - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.0 Credits TN - Dual: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
Barry Kaye
Barry Kaye, Esq. is a member of the faculty at Berkeley Law (Boalt Hall) and an innovative and detail-oriented attorney with a reputation for bringing people together and structuring complex transactions. His entrepreneurial character and versatile skill set have allowed Mr. Kaye to move deftly between the law and business and weave a unique, well-diversified practice. Mr. Kaye's professional history shows experience and expertise in three main areas: intellectual property, real estate and business. After graduating from law school, Mr. Kaye clerked for U.S. District Judge A. Andrew Hauk in Los Angeles.
Following his clerkship, Mr. Kaye joined Hennigan, Mercer & Bennett, where he was part of the team that successfully represented Orange County in their bankruptcy and securities litigation. His areas of practice currently include real estate, intellectual property and general business transactions and litigation. He has also developed an expertise in the state and federal "Do Not Call" regulations. In addition to practicing law, Mr. Kaye maintains a profile in the real estate and finance worlds. He earned his JD in 1994 from the Benjamin N. Cardozo School of Law and is an active member of the California and New York bars.
Course Price:
$19.99
Protecting Minors: Human Trafficking, Child Exploitation & the Law
Protecting Minors: Human Trafficking, Child Exploitation & the Law Details
Price:
$19.99
Course Description
This session explores the current landscape ? legal and social - of the issues surrounding child exploitation and domestic minor sex trafficking (DMST). Providing an overview for attorneys to become aware of the concerns, resources and legal recourses to help assist their clients and their community in finding resolutions to this important subject. Topics include: Federal Trafficking Victims Protection Act and its reauthorizations; state laws and Polaris state ratings regarding legislation to combat DMST; review of various surveys and research regarding DMST, the business and the victims; tips as to what lawyers can do and how they can help; and resources to assist.
Course Agenda
Overview
Setting the Context ? What is DMST?
The Victim
The Traffickers
as a Business
Social Change
Attorneys and this Issue
Resources
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits NC - General: 1.0 Credits ND - Self Study: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.0 Credits WA - General: 1.0 Credits WI - On-Demand: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Deborah Gonzalez
Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.
Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.
Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.
Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.
Learning Objectives
After this course, attendees will be able to
Describe the reasons for concern over the issue of diminished capacity in older clients
Understand the differences among testamentary, contractual and financial capacity for decision making in their clients
Identify the nine domains of financial capacity
Describe criteria for a lawyer to use in assessing a client's capacity for decisions
State generally how to assess an aging client's basic abilities that demonstrate capacity for decisions
Identify alternatives to guardianship or conservatorship for clients as the least restrictive choices
Understand the lawyer's role in financial elder abuse prevention and ethical choices in whether to report abuse
Consider options when using mediation of elder related issues.
Course Agenda
1. Introduction- why are we talking about this?
2. Ethical concerns with older clients, the risks to lawyers
3. The continuum of decisional capacity
Testamentary
Contractual
Financial
4. The Complexities of Financial Capacity
Nine domains or areas needed to have capacity
5. How do you determine a client's capacity?
Criteria every lawyer should use
6. The impaired client
Using surrogates
Considerations
Reasoning, appreciation, consistency
7. Least restrictive alternatives for your client
8. Ethical choices when a client is impaired
Dangers for the client with your choices
9. Financial elder abuse
Extent of the problem
The lawyer's role in prevention
Report abuse or not?
10. Ethical concerns in mediation of elder-related issues
Illustration
11. Summary
Course Credit per State
AL - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits KY - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.22 Credits
Course Presenter(s)
Carolyn Rosenblatt
Carolyn Rosenblatt is an attorney and mediator with over 45 years of experience in her combined professions. Together with her co-presenter and husband, geriatric psychologist Dr. Mikol Davis, she founded AgingParents.com, a resource for families, and AgingInvestor.com offering training about aging issues for professionals. She is a consultant in aging and mediator and has been quoted in the Wall Street Journal, the New York Times, Reuters, NextAvenue, Bankrate, ThinkAdvisor, Financial Planning, AARP, the National Safety Council journal and many other sources. Ms. Rosenblatt blogs at Aging Parents on Forbes.com. She is the author of The Family Guide to Aging Parents, ABA's Working with Aging Clients: A Guide for Lawyers, Business and Financial Professionals and Succeed With Senior Clients, A Financial Advisor's Guide to Best Practices. For more information, visit www.agingparents.com and http://www.aginginvestor.com.
Dr. Mikol Davis
Dr. Mikol Davis has over 40 years of clinical experience in mental health. He frequently assesses capacity for decision making in aging adults. He continues to provide direct mental health services. Dr. Davis creates many online courses and products to assist with understanding aging issues and has extensive experience in treating anxiety and depression for persons of all ages. He has a special focus on geriatrics. He is a mediator of family conflicts with issues about elders. He volunteers as a settlement panelist for Marin County Courts in high conflict family matters. Dr. Davis and his co-presenter Ms. Rosenblatt, share a passion for elder abuse prevention. He co-authored Succeed With Senior Clients, A Financial Advisor's Guide to Best Practices He and Ms. Rosenblatt have been married for 34 years. For more information, visit www.agingparents.com and http://www.aginginvestor.com.
The Five Fundamentals of Federal Employment Law Details
Price:
$24.99
Course Description
In this course, attorney David Graulich will cover the five fundamentals of employment law. He begins by discussing title 7 of the Civil Rights Act, which basically begins the modern era of employment law. He will then will move on to cover at will employment, who is an employee? (employee vs. independent contractor), exempt or non-exempt? and the large area of leaves of absence law under the federal venue.
Course Agenda
1. Title 7 of the Civil Rights Act
Begins the modern era of employment law
First major move into regulating the private workplace
Race and gender discrimination
Equal Employment Opportunity Commission & right to sue letters
Griggs v Duke Power Co, 401 US 424 (1971)
EEOC v Abercrombie & Fitch
Shifting burdens in litigation
2. At Will Employment
3. Who Is an Employee?
Employee vs Independent Contractor
Common law agency test
Economic realities test
IRS rules & case law
Employment laws only protect employees
4. Exempt or Non-Exempt?
Why is this important
Brain vs Muscle framework
50% rule ? exempt vs non-exempt tasks
5. Leaves of Absence Law
Family medical leave act
Sexual harassment in the workplace
Course Credit per State
AL - On-Demand: 1.3 Credits AZ - General: 1.25 Credits CA - General: 1.25 Credits CT - General: 1.25 Credits FL - General: 1.0 Credits IL - General: 1.25 Credits KY - General: 1.25 Credits ME - Self Study: 1.28 Credits NC - General: 1.25 Credits NH - General: 1.28 Credits NJ - General: 1.5 Credits NY - General: 1.5 Credits PA - Distance Learning: 1.5 Credits SC - General: 1.28 Credits TN - General: 1.28 Credits TX - General: 1.25 Credits UT - Self Study: 1.5 Credits VA - General: 1.5 Credits WA - General: 1.25 Credits WI - On-Demand: 1.5 Credits WV - General: 1.54 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
In this program seasoned attorney and Chief Compliance Officer Charles A Christofilis provides attorneys with an overview of the laws and rules which govern the area of compliance, the many legal areas in which the compliance officer must operate, the "four pillars" of compliance, and numerous case examples in which inadequate compliance has resulted in major adverse consequences for companies.
He addresses how to develop. Implement and test a Compliance Program in virtually and industry, and does a deep dive into the financial services and public company space. Specifically, the roles of the SEC and other agencies, the Investment Advisers Act, the Anti-Money Laundering provisions under the Patriot Act (with numerous examples), the FCPA and the necessity of internal audits and mock examinations.
Finally, he concludes with how to manage regulatory examinations and investigations as opposed to more traditional civil or criminal litigation, and respond to compliance failures from a crises management perspective when they occur.
Course Agenda
Why Compliance is increasingly important
How to develop, implement and test a Compliance Program;
Financial, Healthcare, IT and Public company (SOX) Implications)
Four Pillars of Compliance:
Controls;
Testing;
Ownership; and
Training.
Annual Review Process;
Liability / Conflicts;
Civil, Criminal and Reputational Implication / Crises Management.
Course Credit per State
AK - Voluntary: 2.0 Credits AL - On-Demand: 2.0 Credits AZ - General: 2.0 Credits CA - General: 2.0 Credits CO - General: 2.34 Credits CT - General: 2.0 Credits FL - General: 2.5 Credits GA - Self Study: 2.0 Credits IL - General: 1.75 Credits IN - Distance Education: 2.0 Credits KY - General: 1.75 Credits MO - Self Study: 2.34 Credits MS - General: 2.0 Credits NC - General: 1.75 Credits NH - General: 2.0 Credits NJ - General: 2.3 Credits NY - General: 2.0 Credits PA - Distance Learning: 2.0 Credits TN - General: 1.95 Credits UT - Self Study: 2.0 Credits WA - General: 2.0 Credits WI - On-Demand: 2.0 Credits WV - General: 2.34 Credits
Course Presenter(s)
Charles A. Christofilis, Esq.
Charles A. Christofilis, Esq. has served as Chief Compliance Officer (?CCO?), Senior Counsel and/or General Counsel for Investment Advisers and Broker-Dealers for over a decade. Mr. Christofilis received a J.D. from Touro Law, an MBA in finance from the University of San Francisco a Bachelor?s degree in management from Pace University in New York and is a Certified Anti-Money Laundering Specialist. Mr. Christofilis is an attorney admitted to the bars of New York, New Jersey and California (CA In-House Counsel) and has Series 7, 63, 24, 79 and 27 designations from FINRA.
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