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.
Kentucky Bar Association phone # 502- 564-3795
Kentucky CLE Course Catalog
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ABA Professional Responsibility Client-Lawyer Guidelines Part IV
ABA Professional Responsibility Client-Lawyer Guidelines Part IV Details
Price:
$19.99
Course Description
This class is the fourth in a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Rule VII (Information about Legal Services). Among the topics covered: Communication Concerning a Lawyer's Services, Communications Concerning a Lawyer's Services: Specific Rules, Solicitation of Clients and Political Contributions to Obtain Legal Engagements or Appointments by Judges. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.
Course Agenda
ABA Ethics Guidelines Context
Rules Overview
Rule 7.1 Communication Concerning a Lawyer's Services
Rule 7.2 Communications Concerning a Lawyer's Services: Specific Rules
Rule 7.3 Solicitation of Clients
Rule 7.6 Political Contributions to Obtain Legal Engagements or Appointments by Judges
Conclusion
Course Credit per State
AL - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Professionalism: 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 NV - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits OK - Legal Ethics: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.03 Credits TN - Dual: 1.03 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits VA - Ethics: 1.0 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Course Price:
$19.99
ABA Professional Responsibility Client-Lawyer Guidelines Part V
ABA Professional Responsibility Client-Lawyer Guidelines Part V Details
Price:
$19.99
Course Description
This class is part of a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Section VIII (Maintaining the Integrity of the Profession). Among the topics covered: Bar Admission and Disciplinary Matters, Judicial and Legal Officials, Reporting Professional Misconduct, Misconduct and Disciplinary Authority; Choice of Law. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.
Course Agenda
Rules Overview ? Maintaining the Integrity of the Profession
Rule 8.1 - Bar Admission and Disciplinary Matters
Rule 8.2 - Judicial and Legal Officials
Rule 8.3 - Reporting Professional Misconduct
Rule 8.4 - Misconduct
Rule 8.5 - Disciplinary Authority; Choice of Law
Further Reading
Course Credit per State
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.2 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.0 Credits KY - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NV - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional conduct: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.0 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits VA - Ethics: 1.0 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Course Price:
$19.99
Attorneys and Hi-Tech Communication: A Basic Guide
Attorneys and Hi-Tech Communication: A Basic Guide Details
Price:
$19.99
Course Description
In today's modern workplace, Attorneys need to understand the importance of meeting with clients in a virtual setting. This lecture discusses the ethical and practical reasons to go virtual with meetings and how to accomplish that task, plus tips and troubleshooting ideas for making those online meetings happen as successfully as possible.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
What is "The Cloud"? Who runs it? Where is it? Will it go away? Where is all my information? Is it worth using? These questions and more are discussed in this program which helps attorneys learn about this major development in law technology and also meet ethical obligations to remain knowledgeable in this area, as stated by the ABA.
Course Agenda
What is the "cloud"?
Who runs it?
Where is it?
Will it go away?
Where is all my information?
Is it worth using?
Cloud Benefits
File Sharing
File centralization
"Virtual machines"
Log into system
"Zero Maintenance"
"always on"
No longer have to go to the office
Ethics behind Cloud Computing
ABA Model Rule 1.1 Competence: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
ABA Model Rule 1.6(c), "make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client."
ALL States that offer opinions on Cloud Computing= allowed with "reasonable care"
CA OPINION NO. 2010-179
"Evaluate the nature of the technology, available security precautions, and limitations on third-party access."
"Consult an expert if lawyer's technology expertise is lacking."
"Weigh the sensitivity of the data, the impact of disclosure on the client, the urgency of the situation, and the client's instructions."
Cloud Concerns
Security
Control
What happens if you don't pay on time?
If you decide to cancel, will all the data be permanently deleted?
Trust of vendor
Reliability of Internet connection & speed
Cloud Tasks for Attorneys
Centralized case/matter management
Document management
Time and billing
A hosted Quickbooks or Time Matters system often works better than trying to locally network it between workstations
Scheduling/reporting
Contact management
Conflict checking
Cloud Considerations
What law governs (yours or where the server is?)
How would you be notified if there was a security concern?
You own all the data uploaded, right?
What's the vendor's reputation in the community overall?
Will my data be encrypted? What type?
Duty to Supervise
Duty to Communicate with Client
Managing Cloud Risks
Internal Due Diligence
External Due Diligence; Contracts
Continuous Access to Data
Security, Security Breaches
Termination
Implementation
TRAINING
NEW HIRES
DOCUMENTED INSTRUCTIONS ON RETRIEVING/STORING DATA!
Cloud Computing Services
Dropbox/Box.net for Business
OneDrive Professional
Google Apps for Business (attorneys)
Hosted App Servers (almost any ISP; hostgator, godaddy, amazon, etc.)
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits KY - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits PA - 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
COVID-19 Legal Implications and Considerations for Businesses
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 IL - General: 1.0 Credits KY - General: 1.0 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits NH - General: 1.0 Credits NJ - General: 1.2 Credits NY - General: 1.0 Credits TX - General: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Diversity and Inclusion in the Legal Profession Details
Price:
$19.99
Course Description
Attorney Steve Nielsen provides a candid assessment of where the legal profession stands in terms of diversity and inclusion, and reviews what ideas and programs have worked, and some which have not. He walks through and discusses key, topical articles and reviews the current statistical data on diversity and whether or not progress has been achieved. He suggests positive ways in which diversity and inclusion can properly and constructively be discussed in the law office and notes the important role of leadership in discussing diversity and inclusion in the office. Mr. Nielsen offers recommendations on how to effectively enhance inclusion efforts, such as mentoring and networking to help new attorneys, and includes some tips on what policies or strategies may be counter-productive He adds a list of the numerous categories of diversity which exist and which deserve attention to help create a better environment for legal professionals.
Course Agenda
What does the current literature tell us?
A Newer CLE Requirement
Pressure for Law School Ranking Hurts Women
Both Law and Medicine have Diversity Problems
National Association of Women Lawyers (NAWL):
The national Association for Law Placement (NALP) www.nalp.org
A slow and discouraging trend..
From 'Why You Should Insist on Diversity in Your Law Practice": BY SUZIE SCANLON RABINOWITZ, JANUARY 23, 2020
New Reports Are Not Encouraging
Is Mental Health a Point of Diversity?
'Belongingness'
THE DO'S OF DISCUSSING DIVERSITY
THE DON'TS OF DISCUSSING DIVERSITY
Covering the Bases of D and I
New York - Has a Diversity and Inclusion Office (D&I)
A Broader Definition of Diversity
Illinois
Mentoring and Networking Seem to be an Answer
Diversity and Inclusion
Is our definition of 'reaching the top' to be reconsidered?
Is running a solo or small firm considered success?
Bias - A Proposed Big Picture View
A Proposed Big Picture Approach
What is Bias?
Mechanical Bias
Group Bias
What is Discrimination?
Discriminating
Discriminating Tastes
Do we learn hate?
How did we evolve?
Advantages of being in a group
Group Study Data
The Robber's Cave Experiment
Is Group Theory Supported by Current Events?
Groups or Traits to consider in the reduction of bias in the legal profession
The protected classes are just a start
Perhaps broad definitions of 'diversity' are helpful in defining the scope of our anti-bias efforts
Still allowed to judge or discern, but judge with knowledge of the individual
How do we reduce bias?
How do we make everyone feel equal?
The Judge and the Fishing Story
The Skilled Mediator Example
Bias in Action
Can we learn to withhold judgment?
Question Everything
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits CT - General: 1.0 Credits FL - Ethics: 1.0 Credits IL - Diversity and Inclusion: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits NH - General: 1.0 Credits NJ - Diversity Inclusion Elimination of Bias: 1.2 Credits NY - Diversity and Inclusion: 1.0 Credits OH - Attorney Professional conduct: 1.0 Credits OK - Distance Learning: 1.0 Credits 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.
The crux of the Freedom of Information Act (5 U.S.C. Sec. 552) is to make Federal agencies accountable for information disclosure policies and practices. While the Act does not grant an absolute right to examine government documents, it does establish the right to request records and to receive a response to the request. If a record cannot be released, the requester is entitled to be formally advised of the reason for the denial. The requester also has a right to appeal the denial and, if necessary, to challenge it in court. Consequently, access to information of the Federal Government can no longer be controlled by arbitrary or unreviewable actions of a hidden bureaucracy. This program introduces attorneys to FOIA and (includes a discussion of FOIA and Environmental Law)
Course Agenda
Historical Overview of the Freedom of Information Act (5 U.S.C. Sec. 552)
How to make information requests
What types of records can be obtained using FOIA
FOIA Fee Waivers
Time frames for the government to respond to a request for public records
Exemptions from disclosure
Request Strategies
Department of Justice and State and Government Websites
How FOIA can best be used to serve the interests of clients, the public and our democracy.
Course Credit per State
AZ - General: 2.0 Credits CA - General: 1.75 Credits CT - General: 2.0 Credits FL - General: 2.0 Credits GA - Self Study: 1.5 Credits IL - General: 1.75 Credits IN - Distance Education: 1.8 Credits KY - General: 1.75 Credits MO - Self Study: 2.1 Credits MS - General: 1.8 Credits NH - General: 1.75 Credits NJ - General: 2.2 Credits NY - General: 2.0 Credits OH - Self Study: 1.75 Credits OK - Distance Learning: 2.0 Credits SC - General: 1.8 Credits TX - General: 2.0 Credits UT - Self Study: 1.5 Credits VA - General: 2.0 Credits
Course Presenter(s)
Pete Sorenson
With more than 30 years as an attorney, lawyer and advocate, I am licensed to practice law in the District of Columbia and the State of Oregon. I specialize in the Freedom of Information Act (FOIA) law and help journalists, authors, nonprofits, for profit businesses, and others to access federal government records. I assist clients with FOIA Requests, Administrative Appeals, Judicial Reviews and FOIA litigation.
In addition to assisting clients, I speak and lecture on FOIA, most recently at the Appalachian Public Interest Environmental Law (APIEL) Conference in Tennessee, University of Georgia School of Law, and at University of Tennessee College of Law.
Public and civic service is a cornerstone, with earlier careers working for a member of Congress and as Special Assistant to the Secretary of Agriculture. I am currently serving my 24th year as an elected Commissioner on the Lane County Board of Commissioners in Eugene, Oregon. Prior to that, I served in the Oregon State Senate. My political and civic experience adds a depth and understanding to my FOIA work that is unique among lawyers.
RECENT FOIA CASES: (2016 ? Present)
Food and Drug Administration: assisted journalist in obtaining the calendar of a crucial FDA official
Central Intelligence Agency: obtained records for a journalist writing on the activities of a prominent CIA official, used in questioning President's nominee for CIA Director
Environmental Protection Agency: made request for client; assisted company in obtaining a report of a competitor's product performance
Central Intelligence Agency: made request, filed administrative appeal and judicial review; assisted in obtaining records of a client's father's service in the CIA
Bureau of Land Management: on behalf of a nonprofit organization, filed judicial review, obtained records and then obtained significant judgment for attorneys' fees for that work
Agricultural Marketing Service: filed judicial review; assisted nonprofit organization in obtaining records and then obtained judgment for attorneys' fees for that work February 6, 2020
Federal Bureau of Investigation: filed request and administrative appeal on behalf of an individual seeking DNA evidence in criminal matter; obtained records; matter pending
Centers for Medicare and Medicaid Services: assisting client in obtaining records held by CMS (in progress)
Environmental Protection Agency: filed judicial review, obtained records, and obtained settlement of attorneys' fees for engineering firm needing data and reports
CURRENT WORK:
1997 ? Present Elected County Commissioner, Lane County Board, Eugene, Oregon
1982 ? Present Attorney and Owner, Sorenson Law Office, Eugene, Oregon
PAST EXPERIENCE:
2005 ? 2006 Adjunct Professor, School of Law, University of Oregon
1993 ? 1997 Oregon State Senator (Member of Judiciary Committee), Salem, Oregon
1984 ? 1985 Visiting Professor, Department of Geography, University of Oregon
1983 ? 1984 Instructor, Dept. of Planning, Public Policy and Management, University of Oregon
1981 ? 1982 Volunteer Prosecutor, Lane County District Attorney's Office, Eugene, Oregon
1979 ? 1982 Law Clerk, Dwyer Simpson and Wold, Attorneys, Eugene, Oregon
1977 ? 1979 Special Assistant, Office of the Secretary of Agriculture, Washington, DC
1974 ? 1977 Legislative Assistant, Congressman Jim Weaver (Oregon), Washington, DC
EDUCATION:
1996 ? Certificate of Completion, Program for America's Emerging Political Leaders, Darden School, University of Virginia, Charlottesville, Virginia
1982 ? J.D. University of Oregon School of Law, Eugene, Oregon
1979 ? M.A. University of Oregon Geography Department, Eugene, Oregon
1973 ? B.A. University of Oregon Geography Department, Eugene, Oregon
1972 ? A.A. Southwestern Oregon Community College, Coos Bay, Oregon
BAR MEMBERSHIPS:
1994 United States District Court for the District of Columbia
1993 United States Court of Appeals for the District of Columbia Circuit
1993 District of Columbia Court of Appeals
1991 Supreme Court of the United States of America
1984 United States Court of Appeals for the Ninth Circuit
1983 United States District Court for the District of Oregon
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 GA - Self Study: 1.0 Credits IL - Mental Health - Substance Abuse : 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits MS - General: 1.1 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 TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
This course 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 IN - Distance Education: 1.0 Credits KY - General: 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 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.
Course Price:
$19.99
Sophisticated Planning for High Net Worth Individuals
Sophisticated Planning for High Net Worth Individuals Details
Price:
$19.99
Course Description
Transactions and Asset Protection, discusses trends and developments in a number of important areas. He reviews in detail how the drafting of irrevocable trusts has changed over the last 10 years and how to best structure these instruments to allow for greater flexibility through the use of a "trust protector." He discusses how irrevocable trusts can be used to protect assets, to provide privacy for assets, to enhance tax planning and their use in offshore planning. He describes the use of LLCs and which states may be the most advantageous for LLC/trust formation. He discusses specific trust provisions, asset protection with both domestic and foreign trusts, and which types of trusts may be most useful for assets which may be expected to appreciate in value, like start-ups. Additional topics include international tax planning, structuring foreign investment in the U.S., pre-immigration tax planning, and which offshore jurisdictions may be favored.
Course Agenda
Structuring Irrevocable Trusts
Asset Protection
Asset Protection with Trusts
Asset Protection with Domestic Trusts
Asset Protection with Foreign Trusts
Foreign Trusts - Tax Treatment and Reporting
Defective Grantor Trusts
SCINs
GRATs
Income Tax Planning with DINGs
Monetized Installment Sale
Foreign Investment - FDAP and Capital Gains
Foreign Investment - Effectively Connected Income
Foreign Investment - Branch Profits Tax
Foreign Investment: FIRPTA
Foreign Investment: FIRPTA
Pre-Immigration Tax Planning
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits MO - Self Study: 1.0 Credits MS - General: 1.1 Credits MT - Self Study: 1.0 Credits NH - General: 1.0 Credits NJ - General: 1.3 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits SC - General: 1.08 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
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
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits MO - Self Study: 1.0 Credits MS - General: 1.1 Credits MT - Self Study: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits TN - General: 1.1 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits VA - General: 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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