Continuing Legal Education Online Courses with MCLEZ are for Missouri attorneys who want to make the most of their time and money. Easily earn Missouri Self-Study 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 self-Study CLE hours, see our Missouri Bundles page under State CLE Bundles.
MCLEZ offers online courses which qualify for self-study credit for Missouri attorneys.
Whether you're a business owner concerned with making the right distinctions when engaging people to work with/for you, or a lawyer responsible for advising clients on the contractor v. employee distinction, this presentation could save you a lot of grief and money down the line.
Marin County-based employment lawyer Diana Maier and Carlos E. Torres, a Hearing Officer for the California Division of Labor Standards Enforcement (DLSE), discuss which factors matter most in deciding how to classify workers in light of recent legal decisions that are shifting those factors. In addition to covering a broad overview of the contractor v. employee debate, they also discuss ethical considerations for lawyers considering the question of contractor classification, and assess whether the sharing economy is due for extinction in light of recent rulings against companies such as Uber.
Course Agenda
Frequent Terms and Their Meanings
Principal versus Employer
Worker/Contractor/Consultant versus Employee
Central Questions
What are some ethical considerations to keep in mind as we review the material?
Why are we here?
Factors in classification
Advantages and disadvantages of each classification
Given that this is a subjective standard, what ethical considerations exist for attorneys who need to advise others about this? Complicated by the fact that 1099 is less expensive.
Do you pick the argument most conducive to the business and just go with that?
How do the political/social factors come into play?
Are there law and policy objectives lawyers have a duty to protect?
If there are, has current law accomplished those, or have we gone too far?
Cases: Practicing the Material
Case #1: Client Engaging New Service Providers
Case #2: Corporate Employer
Case #3: Domestic Employer
Wrap Up
Standard is subjective ? makes it a tricky ethical issue for lawyers
Government prefers employee status
Back up a decision to make someone a contractor by making a file, contract, etc. and know there?s a risk
Government most often finds out via an obstructed claim, but there are many ways
Recent indications show government is only going to get more strict in enforcement
Course Credit per State
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 MO - Self Study: 1.2 Credits MS - General: 1.0 Credits NC - General: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.0 Credits UT - Self Study: 1.0 Credits WA - General: 1.0 Credits WI - On-Demand: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Diana Maier
Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.
Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.
Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.
In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.
Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.
Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.
You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.
When a lower court makes a judgment on a case, an attorney must decide whether that judgment is ripe for an immediate appeal. In this course, Mr. Pollis discusses the balancing tests inherent in appellate jurisdiction. When is the need for appellate review more Important than the Interruption of trial-court proceedings? When is the need for appellate review worth the cost to the judicial system of providing it?
In the federal court system, the general rule is that orders entered during the course of a pending case are not appealable until the entire case has been resolved. This principle is commonly known as the "final judgment rule.? Mr. Pollis will discuss the benefits and exceptions of the ?final judgment rule.? Mr. Pollis will also examine how state appellate jurisdiction; especially in Ohio, differ against their Federal counterparts. The course will also examine the intricacies of separating claims in the appeals process and how appellate jurisdiction differs in civil and criminal courts.
Course Agenda
The Balancing Tests Inherent in Appellate Jurisdiction
When is it important?
Is it worth the cost?
Appellate Jurisdiction in Federal Court
Overview of Federal Appellate Jurisdiction issues
The Final Judgment Rule
Benefits of the Final Judgment Rule
Exceptions to the Final Judgment Rule
State Appellate Jurisdiction
Ohio State Appellate Jurisdiction
Ohio State Constitution
What is a Final Order?
R.C. 2505.02
Civ.R. 54 (B)
"Final Order" vs. "Final Appealable Order"?
What is a claim?
Applying Rule 54(B): Two-Part Test
Final Order in a criminal case
Improper appeal
Course Credit per State
AK - Voluntary: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.14 Credits IL - General: 1.0 Credits MO - Self Study: 1.1 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WV - General: 1.1 Credits
Course Presenter(s)
Andrew Pollis
Andrew Pollis is certified by the Ohio State Bar Association as an appellate-law specialist.
Andrew Pollis joined the faculty of Case Western Reserve University in 2008 as a Visiting Assistant Professor and was appointed as an Assistant Professor effective July 2011.
Before coming to Case, Andrew Pollis practiced law for 18 years in the litigation department of the Cleveland-based law firm of Hahn Loeser & Parks LLP. In private practice he focused extensively on appellate and general-commercial litigation. He has argued in numerous state and federal appellate courts across the country and has had two cases in the United States Supreme Court. He also has extensive trial experience, amassing verdicts totaling over $560 million since 2003, as well as experience in class-action litigation on the defense side.
This course will discuss the Bankruptcy Trustee's avoidance powers. Avoidance powers are the rights given to the bankruptcy trustee or the debtor in possession to recover certain transfers of property such as preferences or fraudulent transfers or to void liens created before the commencement of a bankruptcy case. The laws governing these avoidance powers are complex and are codified in chapter 5 of the Bankruptcy Code
.
Attorney Doug Cortés will first provide an overview of the Bankruptcy code. He will then discuss how Trustee's avoidance powers come into play. The course will explain what constitutes valid preferential transfers and what are considered fraudulent transfers. Mr. Cortés will explain in detail the key statutory defense against these avoidance powers. These defenses include a contemporaneous exchange for new value, determining intent, determining if the payments were made according to the ordinary business affairs of the parties, and establishing new value factors.
Course Agenda
Presenter Overview
What Do Creditors Want From A Debtor In Default?
Purposes Of Bankruptcy Rush To The Courthouse
The Bankruptcy Code - 11 U.S.C.
Bankruptcy Rules
Adversary Proceedings
Rules Governing Avoidance Actions
Avoidance Powers
Types Of Transactions That May Be Avoided
Preferential Transfers
Purposes Of Preference
Avoidance Powers Under §547
Elements Of Preference Avoidance
Burdens Of Proof
What Is A Transfer?
Time Of Transfer Antecedent Debt
Presumption Of Insolvency
Key Statutory Defenses
Contemporaneous Exchange For New Value
Proving The Defense
Determining Intent
New Value
Definition Of New Value
Ordinary Course Of Business
Important Fraudulent Transfer Terms And Concepts
Badges Of Fraud
List Of Badges Of Fraud
Insolvency Not Required For Actual Intent
Constructive Fraud
State Law And Ufta Under Section 544
Other Possible Longer Reach Back Period
Some Statutory Defenses To Fraudulent Transfers
Section 548(C): Value And Good Faith Value Good Faith
Section 550(B)
Section 550(B) Provides Complete Defense
Defenses To Claims Brought Pursuant To Section 544
Another Possibility: Fiduciary Duty Claims
The Reference
Withdrawal Of The Reference
Stern V. Marshal
Important Statutes & Opinions Related To ?The Reference?
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.22 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.22 Credits
Course Presenter(s)
Doug Cortés
Mr. Doug Cortés received his J.D. from Southern Methodist University (2003) and B.S. from the University of the State of New York (1994). He was an extern and law clerk to the Hon. D. Michael Lynn, U.S. Bankruptcy Judge, N.D.Tex. (2002-04). Doug is a member of the American Bar Association, the American Bankruptcy Institute, and is admitted to practice in the State of Texas and the U.S. Northern and Eastern Districts of Texas. He currently manages his own firm and has served as bankruptcy counsel to Trustees, debtors, secured and unsecured creditors, and creditors? committee. He has also served as a bankruptcy examiner and mediator.
Best Practices for Clear Contract Drafting Details
Price:
$19.99
Course Description
Contracts are essential elements for building business relationships. For business to get done, parties to a transaction need to agree on certain essential terms that govern their business relationship. Contracts are the way parties to an agreement define those terms and make promises enforceable under the law. When the stakes are high there can be a tendency to get too technical and too verbose. This can often introduce more mistakes rather than prevent them. Ambiguity in contracts will often lead to conflict and ultimately litigation.
This course discusses how to avoid ambiguity by following best practices for clear contract drafting. Ms. Carolyn Seymour discusses how to achieve brevity and clarity in order to make the contract as end-user friendly as possible and remove uncertainty in the document. Ms. Seymour will address best practices to avoid legalese, how to recognize and correct linguistic ambiguity and provide proper techniques to draft dates and numbers in contracts. The course will also examine the pitfalls of passive voice in contract drafting and how to achieve simplicity in drafting through good organization, eliminating wordiness, and the use of lists.
Carolyn Seymour practiced law for almost 20 years before coming to the law school to teach legal writing in 2004. Professor Seymour began her legal career at Squire, Sanders & Dempsey L.L.P., where she was an associate for five years before joining Duvin, Cahn & Hutton in 1990. As an employment litigator, she specialized in sexual harassment and disability discrimination issues. In 1995, she became in-house counsel for BFGoodrich-Aerospace, another position she held for five years before returning to Duvin as a partner in 2000. She received her B.A. (1982) from Colgate and her J.D. (1985) from University of Michigan.
This presentation will cover some of the major issues with current BYOT (Bring Your Own Technology) policies, which are rapidly gaining ground in today?s law offices. Russell Jackman will begin by discussing some of the main benefits to law firms, that allowing employees to bring their own tech will provide, as well as some of the challenges involved. He will then go into detail about what should be included in a BYOT policy, such as what precautions should be taken, as well as some of the compromises that may need to be made in order to ensure that there is a balance between convenience and security. Mr. Jackman will conclude this session by explaining how to effectively implement a BYOT program.
Course Agenda
Why Bring Your Own Tech?
Lower IT Costs
Less training needed
Employee familiarity
Employees already own this tech
Upgrades are usually left to the employee
Overall convenience of 24/7 access without needing multiple devices
What Are The Challenges?
Security
Control
Privacy
Inventory of Data
Convenience?
Where should you start?
BYOT Inventory
Who is brining what to access company servers?
What sort of access do they need?
What is the status of these devices (what levels of OS/Security?)
Antivirus Status/Firewalls
Many smart phones have no protection at all
Many iPad?s without passwords or password resets
Key fob/password change on timer
No Localization Of Data
Clear Policy
Avoid personal email use/attachments
Social media(?)
Device can?t be shared with friends and family
Web Portals/VPNs
Usually the best way to control data access
Expensive to maintain in the past
VIRTUAL PRIVATE SERVERS (as little as $40/month)
Cloud Data Servers
Major Issues Facing Use of BYOT
Connection issues
Multiple OS?s
Implementing a BYOT program
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.16 Credits MO - Self Study: 1.16 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits WV - General: 1.16 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.
Most attorneys and law offices are aware of the electronic threats that face them, their information and their clients? information. However, most attorneys, and their staffs, are unsure of what to do about these threats and risks. This program provides an understanding of the sources of these threats, how they work, and what can be done in the event that security is, indeed, breached. Most importantly, this presentation provides concrete steps on how to implement an effective, proactive plan on how to prevent and avoid these security problems.
Course Agenda
Virus types
How viruses work
The relationship between virus protection and firewalls
Virus Protection
Secure Email
Workstation Security
Firewalls
Internet & Email Security Policies
What is the risk?
Security threat sources
What to look for in your security system
What to do if you encounter a security problem
Formulating a plan for a secure system
Future challenges to computer security for law offices
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: 2.5 Credits FL - Technology: 2.5 Credits IL - General: 2.0 Credits MO - Self Study: 2.48 Credits MT - Self Study: 2.0 Credits ND - Self Study: 2.0 Credits NY - General: 2.0 Credits PA - Distance Learning: 2.0 Credits TN - General: 2.07 Credits VT - Self Study: 2.0 Credits WA - General: 2.0 Credits WV - General: 2.48 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.
We live in a surveillance world. The technology exists for everyone to watch everyone. The technology exists for us to be connected online all the time. Is this what we want?
In this course, attorney Deborah Gonzalez presents an overview of new legal concerns regarding cyber-stalking, cyber harassment, and cyber bullying. Ms. Gonzalez will discuss how new consumer technology such as wearable tech, which is getting smaller and smaller, with the capabilities of recording audio and video without detection, along with the viral nature of social media, is leaving more and more people vulnerable to various types of online abuse. These types of issues have caused states to revise their current general harassment statues, to include language addressing electronic communications. Ms. Gonzales will cover some of these updates as she discusses how various states are choosing to approach these issues. Ms. Gonzalez will also cover several cyber-bullying and cyber-harassment cases, as well as explain the difference between the two. Ms. Gonzalez will conclude the presentation with a brief discussion about current cyber-voyeurism and cyber-revenge porn laws.
Course Agenda
Setting the Context
Cyber-Harassment
Cyber-harassment usually pertains to threatening or harassing email messages, instant messages, or to blog entries or websites dedicated solely to tormenting an individual.
Two approaches for state laws:
Include language addressing electronic communications in general harassment statutes; or
Create stand-alone cyber-harassment statutes.
47 U.S. Code § 223, Communications Decency Act, rephrased to include any telecommunications device.
New York Penal Code, 240.3
§ 240.30 Aggravated harassment in the second degree.
Florida, 784.048, 2014
Another definition connects this to a violation of anti-harassment/anti-discrimination policies (like Civil Rights) via an email, online post, Tweet, or other electronic communication.
Social Media Policies
Cyber Harassment: Tips
Cyber-Stalking
Cyber-stalking is the use of the Internet, email or other electronic communications to stalk, and generally refers to a pattern of threatening or malicious behaviors
Based on a posing credible threat of harm.
Sanctions range from misdemeanors to felonies.
18 U.S.C. § 875(c) makes it a federal crime, punishable by up to five years in prison and $250,000 fine, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another.
Section 875(c) prohibits the actual transmission of a threat, which is defined "objectively" as a statement which a reasonable person would understand as threatening bodily injury.
§ 875(c) applies only to "true threats" which are not protected by the First Amendment.
Watts v. United States, 394 U.S. 705 (1969)
Such protected speech includes "political hyperbole" or "vehement," "caustic," or "unpleasantly sharp attacks" that fall short of true threats.
Georgia Code, 16-5-90, 2014
Virginia, 18-2-60, 2002
§ 18.2-60. Threats of death or bodily injury to a person or member of his family; threats to commit serious bodily harm to persons on school property; penalty.
North Carolina, 14-196.3, 2000
§ 14-196.3. Cyber-stalking.
U.S. v. Elonis, October 2014
Unwanted Sexual Contact Online
International Cyber-Stalking
Cyber-Bullying
Most people consider this in regards to minors and/or students. However there are a series of laws referring to ?workplace cyber-bullying.?
Cyber-bullying or Cyber-Harassment?
Cyber-bullying State Laws:
Colorado, HB 1036, 2005
California, AB86, 2008
Virginia, HB1624, 2009
Georgia, SB250, 2010
#Gamergate, August 2014
Zoe Quinn, software developer of the game ?Depression Quest,? a text-based game partially based on her own experience with depression, in 2013.
Victim of online death threats and harassing posts.
Cyber-Voyeurism
Video-Voyeurism: The use of small micro cameras to observe and monitor another person.
Cyber-Voyeurism: Controlling those cameras via online or wireless connections and can include recording and posting the videos on social media or other Internet sites.
State Statutes include:
Unlawful photographing
Voyeurism
Unauthorized videotaping
Eavesdropping
Peeping or Spying
Disorderly Conduct
Various Privacy laws
Various Stalking laws
Intimate Partner Cyber-Violence
IPV encompasses domestic violence, sexual violence, and stalking that targets a current or former spouse, boyfriend, girlfriend, or significant other.
IPCV encompasses the above through the use of technology, including the Internet, social media, email, texting, etc.
Cyber-Revenge Porn
CA v Iniquez, 2014 Conviction
Noe Iniguez, convicted of the charge of distributing "revenge porn" via the internet; 1 year in jail
CA Revenge Porn Law?s requires proof beyond a reasonable doubt that:
the accused photographed or recorded an image of one or more intimate body parts of an identifiable person under circumstances where the parties agree or understand that the image is to remain private and the accused subsequently distributed the image with the intent to cause serious emotional distress and the depicted person did suffer serious emotional distress. CA, one of 13 states that have enacted cyber-exploitation laws. CA eCrime Unit: prosecuting operators of cyber-exploitation websites
Course Credit per State
AK - Voluntary: 1.25 Credits AZ - General: 1.25 Credits CA - General: 1.25 Credits CO - General: 1.4 Credits FL - Technology: 1.5 Credits IL - General: 1.0 Credits MO - Self Study: 1.4 Credits MS - General: 1.2 Credits MT - Self Study: 1.25 Credits ND - Self Study: 1.25 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits WA - General: 1.25 Credits WV - General: 1.4 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 a world of 24-hour news cycles and intense public interest in the courts, media coverage is a fundamental part of the litigation landscape. However, many civil litigators haven't developed a strategy for dealing with the media, whether to proactively serve their client's interests or to respond, quickly and effectively, to media tactics deployed by adversaries. As in a political campaign, the failure to "get ahead of a story" can result in your opponent maneuvering you into a reactive, defensive mode that can damage your client's overall position and diminish your negotiating leverage. Fortunately, there are guidelines for dealing effectively with the news media, most of which are based on understanding the priorities and incentives that drive reporters and editors. These guidelines will enable you, as a civil litigator, to work effectively with the press - and keep within boundaries of professional ethics -- as an essential part of your advocacy.
In this course, attorney David Graulich will discuss the challenges of managing a high profile case and the best practices to follow when dealing with the news media. Mr. Graulich will examine how to deal with pre-trial publicity, go over the rules relating to media interaction during the trial, and discuss ABA guidelines on trial publicity. What is considered off the record? Should an attorney ask a reporter to view a story before it is published? Mr. Graulich will also present several case studies to examine the changing relationships of the news media and the court system over the last several decades. The course will discuss the court's varying tolerance levels of extrajudicial statements in civil and criminal trials. The course will end with a Question and Answer session covering such topics as how to handle an ambush interview and dealing with bloggers.
Course Agenda
Dealing With The News Media
Journalists Are Looking For A Story
Don't Assume Reporters Know The Basics Of The Legal System
Check Your Jurisdiction's Bar Rules
ABA Rule 3.6
Free Press Vs. Right To Fair Trial
Case Study: Sheppard v. Maxwell
Case Study: Nebraska Press Association v. Stuart
Case Study: U.S. v. Cutter
Case Study: Chicago Council of Lawyers v. Bauer
Case Study: Ruggieri v. John-Manville Prods. Corp.
Case Study: Gentile v. State Bar of Nevada
Case Study: Chevron
Be A Reliable And Sensible Source
Everything Is On The Record
Be Concise
Don't Rely On Nuance Or Subtle Distinctions
Honor Thy Reporter's Deadline
Reporters Don't Write Headlines Nor Determine Story Placement
Take Your Knocks... And Move On
Questions & Answers Session
What are the best practices for handling an ambush interview?
In what situations would you consider hiring a public relations firm?
What are best practices when dealing with bloggers?
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.06 Credits MO - Self Study: 1.1 Credits NY - General: 1.0 Credits WV - General: 1.06 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 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.
Course Price:
$24.99
Detecting, Investigating and Documenting Fraud - Part 1
Detecting, Investigating and Documenting Fraud - Part 1 Details
Price:
$19.99
Course Description
Corporate securities fraud has cost both large institutional investors and retail traders billions of dollars annually. Through manipulation of financial documents, misuse of corporate accounts, and publishing fraudulent statements, companies like Enron and WorldCom have left investors with massive losses. The primary way investors can seek relief for corporate fraud is through private securities litigation. This process can be expensive and take many years to go through the appellate process.
This course will examine the current statutes and case law that surround private securities litigation. How has the Private Securities Litigation Reform Act affected the ability of Plaintiff?s attorneys to successfully prove fraud? Attorney Christopher Seefer will discuss the critical steps to take when preparing for a private security lawsuit. Mr. Seefer will explain techniques to lift a stay of discovery. He will explain the challenges of pleading scienter. The course will conclude with a discussion on the importance of collective analysis and the various types of information that is essential to properly pleading a fraud case. Throughout the presentation of the course, various case studies will be brought up to illustrate key points of the presentation.
Course Agenda
Overview
Discovery: private securities litigation vs. regulatory investigations
Essentials elements to investigate corporate fraud Increases instability
Strategies to successfully plead a fraud case
Discovery: Private Sec. Litigation Vs. Regulatory Investigations
Access to private corporate documents and communication
Govt. Example: Office of Thrift Supervision (OTS)
Power to service subpoenas and subpoenas duces tecum
Private parties
Attorneys and law firms have no subpoena powers
Case Study: Charles Keating
Case Study: Mortgage Crisis
SEC RULE 10B-5
Employment of Manipulative and Deceptive Practices
Elements of the offense
Manipulation or Deception
Materiality
"In Connection With" the purchase or sale of securities
Scienter
Additional burden for private plaintiffs
Standing
Reliance
Loss Causation
Damages
Case Study: Janus Capital Group
Case Study: Matrixx
Case Study: National Australia Bank LTD.
Fraud In The Market
The defendant has to make a publicly fraudulent statement
Every investor could then sue if it could be shown that the statement affected the market as a whole
The Private Securities Litigation Reform Act of 1995
Safe Harbor for Forward-Looking Information
Limitations on Joint and Several Liability
Increased Pleading and Proof Requirements
Limitation on Damages
Class Action Procedural Reforms
Enhanced Attorney Sanction Provisions
RICO Amendment Eliminating Sanctions Claims
Auditor Duty Regarding Financial Fraud
Additional SEC Rulemaking Authority
Steps for Investigating Fraud
Collection and organization of all public information
Prepare a financial trend analysis
Review daily stock prices changes
Determine existence of other proceedings
Consider motive
How to Lift Stay of Discovery
Case study: Verfone Holdings
Pleading Scienter
Federal Rules of Civil Procedure 9(B)
The Private Securities Litigation Reform Act (PSLRA)
Case Study: Tellabs
Pleading a Fraud Case
Insider selling
Executive compensation
Executive termination
Restatements and GAAP violations
Find former employees
Case Study: Northwest Pipe Company
Case Study: Yahoo!
Course Credit per State
AK - Voluntary: 1.25 Credits CA - General: 1.25 Credits CO - General: 1.38 Credits MO - Self Study: 1.4 Credits ND - Self Study: 1.25 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WV - General: 1.4 Credits
Course Presenter(s)
Christopher P. Seefer
Christopher P. Seefer earned his Bachelor of Arts degree and his Master of Business Administration degree from the University of California, Berkeley. Mr. Seefer earned his Juris Doctor degree from the Golden Gate University School of Law in 1998.
Mr. Seefer concentrates his practice in securities class action litigation, including cases against Verisign, UTStarcom, VeriFone, Nash Finch, NextCard, Terayon and America West. Mr. Seefer was a Fraud Investigator with the Office of Thrift Supervision, Department of the Treasury (1990-1999) and a field examiner with the Office of Thrift Supervision (1986-1990).
Course Price:
$19.99
Detecting, Investigating and Documenting Fraud - Part 2
Detecting, Investigating and Documenting Fraud - Part 2 Details
Price:
$19.99
Course Description
The Savings and Loans Crisis in the late 1980s and the recent Mortgage Crisis of the last decade were both exacerbated by widespread corporate fraud. Through manipulation of financial documents and publishing fraudulent statements, companies like Countrywide Financial have left investors with massive losses. Could the fraud have been detected earlier? Was there a clear paper trail for investigators to follow?
This course will examine how corporate fraud in both financial crises followed the same formula. Mr. Bill Black will discuss the key elements of the accounting fraud formula. The formula's key elements are high rate of growth over a short period of time, risky loans with premium yields, an extreme level of leverage, and extremely low reserves. Mr. Black will go into detail how financial institutions involved in the mortgage crisis used the accounting fraud formula to enrich their top executives. The presentation will list fraud red flags that appeared before the crisis and examine the paper trail that finally exposed the extent of the mortgage fraud. The course explores how collateral debt obligations played their part in hiding the fraud from investors and regulators. Mr. Black will end the presentation on a discussion on how the "chain of lying" that began with fraudulent loan applications led to a betrayal of trust between lending institutions and ultimately resulted in the total seizure of the credit markets.
Course Agenda
Overview
What made the S&L Crisis different?
Deregulation and the competition for laxity in the states
Unintended consequences
Garn-St. Germain Depository Institutions Act
Control Fraud
Accounting Fraud Formula
Incredible growth
Risky loans with premium yields
Extreme levels of leverage
Trivial reserves
Weapon of Choice: GAAP
What is GAAP?
George Akerlof
Executives will loot under certain conditions
Fraud Red Flags
Extraordinary profits in a short time
Extraordinary compensation for the top executives
Adherence to accounting fraud formula
Case Study: Enron
The Mortgage Crisis
Short Cut to Growth
How do you grow in a mature market?
How do you increase profit while expanding?
How do you create effective demand?
Formula For Fraud
Increase demand by pursuing riskier borrowers
Low credit scores
Undocumented income
Unsophisticated borrowers
Created new categories of loans
Sub-prime
Alt-A
Collateralized Debt Obligations
The securitization process
The risk review standards
The Markers of Fraud
Liar Loans
Stated Income loans and foreclosure rates
SEC Rule 10B-5
2004 FBI Warning: Chris Swecker
Course Credit per State
AK - Voluntary: 0.75 Credits CA - General: 0.75 Credits CO - General: 1.0 Credits MO - Self Study: 1.0 Credits ND - Self Study: 0.75 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WV - General: 1.0 Credits
Course Presenter(s)
Bill K. Black
Bill K. Black is an Associate Professor of Economics and Law at the University of Missouri ? Kansas City (UMKC). He was the Executive Director of the Institute for Fraud Prevention from 2005-2007.
Black was litigation director for the Federal Home Loan Bank Board (FHLBB) from 1984 to 1986, deputy director of the Federal Savings and Loan Insurance Corporation (FSLIC) in 1987, and Senior VP and the General Counsel of the Federal Home Loan Bank of San Francisco from 1987 to 1989, which regulated some of the largest thrift banks in the U.S.
What will money look like in the future? With the use of digital currencies like Bitcoin on the rise, it is important to gain an understanding of how these new digital currencies work. In this course, attorney Deborah Gonzalez will explain what these digital currencies are, why they were created, and how they are affecting the world today, as well as cover some of the major legal issues that have surrounded their use. Deborah will discuss the main concerns, as well as what is being done to combat the concerns that people have about adopting these new digital currencies.
Course Agenda
History of Money
The Context
Definition of Money
History of Money
History of Money Legalities
Money v. Wealth
Money 2.0
Creation of Value
Storage of Value
Virtual Currencies
Digital Currency
Bitcoin
Altcoins
Q&A Session
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits FL - General: 1.0 Credits MO - Self Study: 1.4 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WV - General: 1.22 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.
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.
Ethical Issues of Contemporary Criminal Justice Details
Price:
$29.99
Course Description
Ethical Issues of Contemporary Criminal Justice explores standards of professional responsibility specific to legal representation, law enforcement, and corrections in the United States. Attorneys will define and apply concepts in the analysis of law and policy through an increased awareness of the Model Rules and Codes of Conduct. This course examines current prominent cases and their dilemmas to effectively present relevant ethical issues in an easily understandable context.
Course Agenda
Overview
Model Rules of Professional Conduct
The Law, the Right to Practice and the Legal Professional:
Right to practice
Sources of regulation
Preventing unauthorized practice of law
Duties of Those who Practice in Criminal Justice System:
Prosecution for the people
Defense for the accused
Judges for everyone
Fees and Contracts:
Formation of relationship between client and lawyer
Agreement and scope of representation
Terminating the lawyer-client relationship
Confidential Information:
Attorney-client privilege
Duty of confidentiality
When confidences are waived
Unimpaired Loyalty and the Avoidance of Conflicts of Interest:
Personal interests that may affect objectivity
Concurrent representation of clients with conflicting interests
Conflict between current and former clients
Obligations to Third Parties and the Legal System:
Counseling or assisting illegal or fraudulent conduct
Requirement of honesty in communications
Threats of criminal prosecution
Special Obligations to Lawyers in Litigation:
Duty to reject actions brought merely to harass or injure
Limitations on trial publicity
Duty of honesty and disclosing perjury
Business of Practicing Law:
Solicitation and advertising
Regulation of specialization
Division of fees
District Attorney Issues:
Formal disciplinary process
Personal financial liability
Contempt sanction
Lack of Resources and the Responsibilities of Judges:
Disqualification and recusal
Extrajudicial money making
Political activity and appearance of impropriety
Course Credit per State
AK - Ethics: 1.75 Credits AL - Ethics: 1.8 Credits AZ - Ethics: 1.75 Credits CA - Ethics: 1.75 Credits CO - Ethics: 2.1 Credits CT - Ethics: 1.75 Credits FL - Ethics: 2.0 Credits GA - Ethics: 1.8 Credits IL - Professional Responsibility: 1.75 Credits IN - Ethics: 1.8 Credits MO - Ethics: 2.0 Credits NC - Professional Responsibility: 1.75 Credits NH - Ethics: 1.75 Credits NY - Ethics: 2.0 Credits PA - Ethics: 2.0 Credits TN - Dual: 1.75 Credits WA - Ethics: 1.75 Credits WV - Ethics: 2.1 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.?
Got a Handle on Employee Leaves of Absence Details
Price:
$19.99
Course Description
Jason A. Geller, Managing Partner of Fisher & Phillips' San Francisco office, addresses recent requirements for employer compliance with updated regulations under the California Family Rights Act (CFRA) and significant distinctions between CFRA and the Federal Family and Medical Leave Act (FMLA). Because these laws are quite similar in many respects, the description of an employer and employee's duties under CFRA will parallel those under the FMLA. Jason also addresses practical challenges faced by the parties in complying with these laws and suggested policies and practices to ensure compliance.
Course Agenda
Introduction
Review of rise of leave rights generally
The basic requirements under CFRA/FMLA
Distinctions between FMLA and CFRA
Important changes to CFRA regulations
Suggested changes to leave policies and practices
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.32 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits NH - General: 1.0 Credits NJ - General: 1.2 Credits NY - General: 1.0 Credits TN - General: 1.0 Credits TX - General: 1.0 Credits WA - General: 1.0 Credits WI - On-Demand: 1.0 Credits WV - General: 1.2 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
As the world changes, so does the law, daily in fact. Every single day there are new trends, technologies, and laws that impact how we do business. The world of social media has created a wealth of opportunities for those who counsel large and small business and entrepreneurs who play in the social media sandbox. What keeps them up at night? In this program, we will explore some of the hot topics in the world of social media.
Course Agenda
New Copyright and Trademark Cases
Terms of Use (Privacy)
Cases involving Facebook, Terms of Use, Twitter and Instagram
YouTube and the DMCA
What Is Social Media
ABA?s 20/20 Commission
FTC.Gov Online Advertising Disclosure
New Developments, Issues and Cases: Can a lawyer use clients? name in a blog? The ?Thumbs Up? symbol: (TiVo vs. Facebook): Kirstaeng v. John Wiley Publishers, U.S. S. Ct. case on the First-Sale Doctrine. Twitter cases: Kim Kardashian, Courtney Love, (sued for their tweets).
TERMS OF USE: What You Need to Know: Comparison of TOU in various websites (Facebook, LinkedIn, Pinterest), Best Practice to dispute TOU, Modification, Ownership of Data, Review of YOU cases, Arbitration clauses.
Ethics, Social Media and Lawyers: Potential Ethical Land Mines for Lawyers: Fee-Sharing with non-lawyers, e.g., Groupon, Rule 5.4, Professional Independence, Unauthorized Practice of Law (Review of various states and comparison with ABA Rules).Inadvertent Disclosure of Client Confidences, Inadvertent Formation of Client Relationship, ABA Formal Opinion 10-457, AVVO, Dislcaimers, Conflicts of Interest.
Lawyer Websites: Attorney Advertisement: Three Areas for Concern: Solicitation, False and Misleading Content and Testimonials. California RPC 1-400c, Ohio, Oregon, Missouri, Colorado restrictions on testimonials.
Q&A: Communication with Represented Party, AVVO and reputation management issues, Attorney supervision of employees.
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: 2.4 Credits FL - General: 2.5 Credits MO - Self Study: 2.42 Credits MT - Self Study: 2.0 Credits ND - Self Study: 2.0 Credits NY - General: 2.0 Credits TN - General: 2.02 Credits VT - Self Study: 2.0 Credits WA - General: 2.0 Credits WV - General: 2.42 Credits
Course Presenter(s)
Francine Denise Ward
A 1989 graduate of Georgetown University Law Center, Francine Denise Ward earned her undergraduate degree in 1986 from the City University of New York---Hunter College. Admitted to practice in both California and New York, her IP focus is on copyrights, trademarks, internet, and publishing law. Ms. Ward has carved out a niche working with eCommerce entrepreneurs, information marketers, authors, and professional speakers.
Not surprisingly, Francine loves working with entrepreneurs and authors--because she is one! She understands from firsthand experience the importance of safeguarding what she's invested so much time and money creating, e.g, books, articles, web content, product, videos, her brand and the right to create these things. She?s written two self-help books (Esteemable Acts: 10 Actions for Building Real Self-Esteem and 52 Weeks of Esteemable Acts: A Guide to Right Living), has given a number of motivational business keynotes, and has talked extensively to entrepreneurs on the importance of protecting their valuable intellectual property. She has now expanded her reach to social media, including the Second Life.
Francine Ward is an active member of the American Bar Association's Intellectual Property Law Section, and currently chairs Committee 408 (In the Interest of Individuals and Small Businesses). Always willing to be of service and forever involved in her community, Francine volunteers her time helping women struggling with addiction who have lost their kids, she?s on the boards of the National Council on Alcoholism and Other Drugs in the Bay Area and the National Speakers Association, and is a pro-bono volunteer lawyer through the VLSP program with the San Francisco Bar Association. Francine D. Ward resides in Mill Valley, CA with her husband Richard Lipfield, and three cats, Mango, Spike, and Kiwi.
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
What sort of system stats you should be looking for when upgrading your system
Is it time to upgrade?
What are some of the costs?
What should I make sure to upgrade/keep in place?
Working with Windows 8
Antivirus & Firewalls, computer security & safety
Cloud computing
Backups
Discussions about case management systems
Trends & Fads: where are we headed with IT in the near future!
This program is ideal for the solo practitioner, paralegal/legal assistant, small office or even mid-sized office that wants to review their technology in an unbiased, non-sales environment! Mr. Jackman has been providing technology consulting solutions to law offices since 1999, so take advantage of this session to find out what you need to be on the cutting edge of today?s technology!
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: 1.3 Credits FL - Technology: 1.0 Credits MO - Self Study: 1.26 Credits MT - Self Study: 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: 1.05 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.26 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.
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
Litigating Political Asylum Cases In Immigration Court
Litigating Political Asylum Cases In Immigration Court Details
Price:
$19.99
Course Description
In this course, Mr. Louis Gordon Esq.* will provide an engaging and informative presentation on how to present an asylum case in immigration court, key strategies for winning such cases, and what to do when a case is denied and an appeal needs to be filed. Mr. Gordon begins the course with a discussion of how to prepare for the first client meeting and continues with a discussion of the various issues that may affect an asylum case, including an client?s previous criminal history and human rights conditions in the client?s country. Mr. Gordon also reveals how to best frame the theory of the case, and provides strategies for dealing with a one year bar, and the corroboration requirements of the REAL ID ACT. Finally, Mr. Gordon illuminates post-trial relief and the appeals process.
*Admitted in the District of Columbia, New Jersey and Pennsylvania only. Practice Limited to Immigration & Nationality Law.
Course Agenda
What are the grounds for political asylum?
What are the federal statutes regulating asylum applications?
How does the government define persecution?
Political Asylum vs. Refugee status
What are the alternatives to asylum?
Withholding of Removal
Convention Against Torture treaty
Cancellation of Removal
Prosecutorial Discretion
How does an immigration attorney ascertain the strength of their client?s asylum application?
Impact of the Real ID ACT
Burden of proof
Corroborating Evidence
Credibility
Review standards
Evidence of actual harm necessary?
Grounds for humanitarian asylum
Changes in the country of origin affect asylum chances?
Major asylum bars
What are some examples of red flags?
What is the time line for applying for asylum?
The One-Year Filing Deadline
Change in circumstances
Extraordinary circumstances
The Asylum application process
Form I-589
What are some of the key information that must be included or excluded from the document?
Asylum Affidavit
How specific does the affidavit need to be?
What types of corroborating evidence is appropriate?
What are key issues and best practices in the immigration court proceedings?
Master calendar and individual hearing
Admitting or Denying the Charges and Conceding Removability
Designating a Country of Removal
Requesting Relief before the Immigration Judge
Filing the Asylum Application
Background Checks
Requesting an Interpreter
Submitting Witness Lists and Documents
Material witnesses
Authentication of documents
The individual hearing
Rules of procedure and evidence
Opening statements
Examination of Witnesses
Closing Arguments
The Decision of the Immigration Judge
Reserving/Waiving Appeal Rights
Motions to Reconsider
The Notice of Appeal- What Needs to Go in It
Course Credit per State
AK - Voluntary: 1.25 Credits AZ - General: 1.25 Credits CA - General: 1.25 Credits CO - General: 1.46 Credits MO - Self Study: 1.46 Credits NY - General: 1.0 Credits WA - General: 1.25 Credits WV - General: 1.46 Credits
Course Presenter(s)
Louis Gordon
Louis Gordon (admitted in the District of Columbia, New Jersey and Pennsylvania only) has argued numerous cases before the Immigration Courts, Board of Immigration Appeals and U.S. Court of Appeals for the Ninth Circuit. He has a J.D. from the Benjamin Cardozo School of Law and a Ph.D. in Political Science from the University of Southern California.
Professional Liability Insurance veteran Paul Dorroh provides information of vital importance to every practitioner. This program covers all the basics about why and how to purchase malpractice insurance, how to best purchase it and how to properly manage it.
Why buy malpractice insurance? Statistics indicate that the frequency of claims averages about 4% - similar to personal auto insurance, so it is not that unlikely to encounter a claim over the course of a legal career. You need to protect yourself, your clients ? and client relationships, avoid embarrassing disclosure of lack of coverage and meet specific insurance requirements of clients.
How to Buy: Learn the difference between use of a broker or buying direct, how to evaluate insurers, how to compare quotes and coverage, how to complete an application and how to choose limits of liability and coverage. Learn how to manage your policy when there are changes in your practice, how to report ?claims,? how to handle renewals and possible availability of Tail Coverage.
Course Agenda
Why buy malpractice insurance?
Protect yourself
Protect your clients - and client relationships
Avoid embarrassing disclosure of lack of coverage
Rule 3-410 Disclosure of Professional Liability Insurance
"A member who knows or should know that he or she does not have professional liability insurance shall inform a client in writing, at the time of the client's engagement of the member, that the member does not have professional liability insurance whenever it is reasonably foreseeable that the total amount of the member's legal representation of the client in the matter will exceed four hours."
Meet insurance requirements of clients: Businesses, governmental agencies and sophisticated individuals often have specific requirements for minimum amounts of professional liability insurance.
How to Buy Malpractice Insurance
Agent or broker vs. direct from insurer
Evaluating insurers
Co-Evaluating Policy Coverage
Completing an application
What is covered - errors and omissions vs. malpractice - is there a Who is covered - read this section carefully!
Exclusions - some traps for the unwary
The "Discovery Clause" and a common misconception
Who is covered - The obvious: current sole proprietor, shareholders, partners and employees, prior shareholders, partners, employees (but usually only while acting within scope of duties on behalf of Named)
The less obvious: What about of counsel, contract attorneys, firms, attorneys associated for specific matters
Exclusions - some traps for the unwary.
Definitions: This section can carve out other exceptions and limitations on coverage. For example, disgorgement or reduction of legal fees charged to the claimant is often carved out by the definition of The "discovery clause" and a common misperception
Choosing limits of liability and deductibles
Limits of liability - each claim and annual aggregate
Deductibles - each claim, loss only and aggregate
Prior Acts - what's possible and what's not
Managing your policy
Changes in your practice: Adding/deleting lawyers, merging practices.
Changes in Areas of Practice
Reporting "claims." Is it a claim? Does the insurer offer a "hotline" for confidential advice? Insurer's claims personnel may also offer guidance whether to report.
Renewals - when to shop around
Premium increases
Insurer status changes, e.g. financial downgrade
Coverage restrictions
Test the market periodically
Be aware of potential loss of "free tail" benefit
Understanding claims made premiums
Tail coverage: What is it? Extra time to report claims after final policy termination - either a finite or unlimited time. When is it an Issue? Do I need it? What does it cost?
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.3 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.26 Credits MT - Self Study: 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 WA - General: 1.0 Credits WV - General: 1.26 Credits
Course Presenter(s)
Paul Dorroh, Esq.
B.A., U.C. Berkeley
J.D. Boalt Hall, U.C. Berkeley
Active Member, the State Bar of California
Licensed Insurance Agent-Broker in California
Retired Senior Vice President, Marsh U.S. Consumer, a unit of Marsh & McLennan Companies, managing sponsored lawyers? professional liability insurance programs for a number of State Bar associations.
Nearly 40 years of experience in designing, forming and managing professional liability insurance captive companies and commercially underwritten professional liability insurance plans for professional association of attorneys, physicians, dentists, allied health professionals and real estate professionals.
Contact Information:
Paul E. Dorroh
Attorney at Law
144 York Avenue
Kensington, California 94708
Lawyers dealing with workplace issues need to know about labor law. It is a fundamental and common mistaken belief that if workers are not represented by a union, the labor laws do not apply.
While the vast majority of private sector employees, today, work without union representation, they are still covered and protected by labor laws. Labor lawyers and employment lawyers need to know about the rights of employees under the National Labor Relations Act in order to understand the rights and duties of employees, employers, and labor unions. This program will help labor and employment lawyers identify issues which may be regulated by NLRB in advising and representing their clients in this growing area of practice.
The course will provide information on a number of topics. The National Labor Relations Act and the rights it creates for employees in Section 7. The importance and expanding notion of protected concerted activities protected by Section 7. The applicability of protected concerted activity rights in union represented and unrepresented workplaces. The representation election process administered by the National Labor Relations Board (NLRB). New rules for the election process enacted by the NLRB, which took effect in April 2015. The respective rights and duties of employees, employers, and labor unions in the election process. NLRB's role in investigating and prosecuting both employers and labor unions for unfair labor practices when an employer or union is accused of violating employee rights.
Course Agenda
Representation of Employees: Overview
Representation of Labor Unions: Overview
Representation of Employers: Overview
What Does NLRB Protect? Overview
NLRB in California
The NLRB?s Job
Representation Cases
NLRB Election Timetables and Cases
Post-Election Issues
Unfair Labor Practices Cases (Multiple)
Emerging Issues
Resources
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 1.1 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.3 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits MS - General: 1.0 Credits NH - General: 1.08 Credits NJ - General: 1.2 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.08 Credits WA - General: 1.0 Credits WI - On-Demand: 1.0 Credits WV - General: 1.3 Credits
Course Presenter(s)
Thomas A. Lenz
Experience
Thomas Lenz is a senior partner handling all aspects of labor and employment law issues from the firm's Cerritos and Pasadena offices. He heads the firm's traditional labor and National Labor Relations Board practice. He works with employers in all major industries across California and the West. He currently services on the Executive Committee of the Labor and Employment Section for the State Bar of California. Tom began his law practice with the National Labor Relations Board, Region 21, in Los Angeles, where he investigated and tried unfair labor practice cases, ran workplace elections, and acted as an administrative hearing officer. Tom was assigned difficult cases, including numerous charges involving SEIU's Justice for Janitors campaign activity throughout Los Angeles, and the majority of his cases required work in the Spanish language. He received a formal commendation for his performance from the Agency's General Counsel.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
Course Price:
$19.99
Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence
Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence Details
Price:
$19.99
Course Description
The California State Bar has recently added important new components to the required course previously known as "Prevention, Detection and Treatment of Substance Abuse and Emotional Distress." The new definition of this course, "Prevention, Detection and Treatment of Mental or Physical Issues that Impair a Member's Ability to Perform Legal Services with Competence," reflects the need to consider the bigger picture of the pressures which lawyers face on a daily basis in their practices, as well as the physical and mental issues which may impair competence, such as depression, age and natural cognitive decline.
In this HD Video program attorney Steven A. Nielsen focuses on the mental changes that occur over a career. The normal aging process results in cognitive decline, and Mr. Nielsen suggests that a colleague or two keep tabs on each other, including those at large law firms. He discusses the presence of dementia and what to do should it arise, and provides links to resources on how to sell or close a practice should this occur. Other simple tips include the use of a lawyer's skills as a problem solver to help neural plasticity and memory, such as playing bridge, crossword puzzles and hobbies, physical activity in the office as well as outside and an improved diet. He also takes aim at the rise of constant electronic messages or other electronic interruptions and the damage this can have, and suggests how "Interruption Management" can help effectiveness and productivity. Mr. Nielsen's remedies and tips offered are not extreme, but are important as they can be easily implemented. This program will help attorneys improve the efficiency and enjoyment of their practices and increase awareness of cognitive issues and possible diminution of competence.
Course Agenda
What are we going to learn?
Genesis of MCLE Requirement
Substance Abuse? Been there, done that..
Depression ? A Kingpin of Disaster
The New ?Other? Categories of Impairment
Mental Issues
Physical Issues
What can we do? Prevention/Detection/Treatment
Why Are We Here Today?
To Keep our License to Practice Law
To Consider Ways to Live Life to the Fullest and to Consider Ourselves as a Whole
Avoid ?Junk Science? and figure out the state of the art
Consider the bigger picture as now encouraged in Rules of the State Bar of California Title 2. Division 2.
Division 2. Rights and Responsibilities of Members
Substance Abuse
What can we add?
How does it start?
Detection
Treatment?
Mental Impairment ? Mental illness
Depression ? Kingpin of Impairment?
Depression ? Effect on the New Other Issues
Prevention/Detection/Treatment
Mental Issues
Age ? The Great Thief
Dementia Happens
When Dementia Happens
Avoid ?natural? cognitive decline
Avoid Negative Mental Conditioning
Twitch and Click will change your brain
Constant interruptions are a mental impairment
Stop Interruptions to decrease mistakes
Old World / Kaiser Focus
Are you as focused as a Kaiser worker?
Our mind does not want to go back to work after an interruption
What was focus in the Old World
Consider Interruption Management
Prevention/Detection/Treatment
Physical issues that impair
Sitting is the new smoking
Improved eating and activity does not need to be extreme
Course Credit per State
AK - : 1.0 Credits AZ - : 1.0 Credits CA - Competence Issues: 1.0 Credits CO - : 1.2 Credits FL - Mental Illness: 1.0 Credits IL - Mental Health - Substance Abuse : 1.0 Credits MO - Self Study: 1.22 Credits MT - : 1.0 Credits NC - Substance Abuse / Mental Health: 1.0 Credits ND - : 1.0 Credits NY - General: 1.0 Credits PA - : 1.0 Credits VT - Self Study: 1.0 Credits WA - : 1.0 Credits WV - Ethics: 1.22 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
Course Price:
$19.99
Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know About Privacy Law
Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know About Privacy Law Details
Price:
$19.99
Course Description
No matter what kind of law practice you have, you need to comply with privacy laws generally and lawyers' ethical duties with respect to privacy, specifically. In this presentation, legal ethics counsel Sarah Banola (Cooper, White and Cooper, LLP) and employment and privacy attorney Diana Maier (Law Offices of Diana Maier) deliver a primer on privacy law and teach you the key areas of privacy law and associated ethical obligations.
Course Agenda
What Is Privacy Law?
What Is Privacy Law?
Why Is Privacy Law So Hot Right Now?
Why Is Privacy Law So Hot Right Now?
How Do We Practice Good Privacy?
Issue Spotting for Privacy Violations
Privacy Practices for Attorneys
Privacy Practices for Attorneys ? The Risks Of Noncompliance
Law Firms Are Not Immune
Sensitive Client Data Collection by Firms
Storage of Personal Information
Data Retention & Destruction
Ethical Obligations
Duty of Confidentiality ? California Law
Duty of Confidentiality ? Model Rule 1.6
Duty of Confidentiality And Use Of Social Media
Duty of Communication
Ethics Opinions
Cloud Computing
Privacy Practices for Attorneys - Service Provider Management
Privacy Practices for Attorneys ? The Risks of Noncompliance With Fiduciary Duties
Checklist
Resources
Course Credit per State
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 MO - Self Study: 1.2 Credits NH - General: 1.0 Credits NJ - Ethics: 1.2 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.0 Credits WI - On-Demand: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Diana Maier
Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.
Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.
Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.
In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.
Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.
Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.
You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.
Sarah J. Banola
Sarah Banola is a senior counsel in the litigation department at Cooper, White & Cooper LLP's San Francisco office. She concentrates her practice in the areas of employment law and professional responsibility. Her employment law background includes defense of claims of discrimination, wrongful termination, harassment and wage and hour violations. Ms. Banola also counsels clients on employee separations, severance agreements, classification of employees as exempt or non-exempt, disability, leave and accommodation issues, and personnel policies. She has represented employers in proceedings before the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the Workers' Compensation Appeals Board, the Employment Development Department, the California Labor Commissioner, the Division of Occupational Safety and Health, and the National Labor Relations Board. Ms. Banola also represents lawyers and law firms in matters related to legal ethics, legal negligence, attorney-client fee disputes, professional discipline, State Bar admission, conflicts of interest, disqualification motions and law firm break-ups.
She earned her B.A. from Grinnell College in 1999 and her J.D. with honors in 2002 from Rutgers School of Law-Newark and was inducted into the Order of the Coif. While at Rutgers, Ms. Banola served as an Articles Editor for the Computer and Technology Law Journal and Vice Chair of the Public Interest Law Foundation. She also was the recipient of the second place award for the California Western Law Review Intellectual Property Writing Competition.
After law school, Ms. Banola served as a law clerk to the Honorable Louisa S. Porter, Magistrate Judge for the Southern District of California, and as a law clerk to the Honorable James J. Petrella, Presiding Judge of the Appellate Division for the Superior Court of New Jersey. Prior to joining Cooper in May 2007, Ms. Banola was a commercial litigation associate at Simpson Thacher & Bartlett LLP's Palo Alto office.
Ms. Banola is a member of the State Bar of California, the Bar Association of San Francisco, and the Association of Professional Responsibility Lawyers. She serves as Vice Chair of the Bar Association of San Francisco's Legal Ethics Committee and volunteers with the Bar Association of San Francisco's Consumer Debt Defense and Education Clinic. She served as a co-chair for the Queen's Bench Amicus Briefs Committee in 2008. She is admitted to practice before the United States District Courts for the Northern and Eastern Districts of California and before the Ninth Circuit Court of Appeals.
Patent trends are not only of interest to registered patent attorneys. While only registered patent attorneys may file patent applications for others, ANY attorney may try a patent case: In addition, patents are in the news on a daily basis, and those who are knowledgeable can better serve existing clientele and attract new clients. In this program, Mr. Nielsen reviews the recent flurry of important new laws and cases and discusses and their potential impact in the years ahead.
Course Agenda
First to File vs. First to Invent under the New AIA Act
The Death of Means Plus Function Claim Limitations
Doctrine of Claim Equivalents On the Rise to Expand Patent Liability
Do Patent Trolls or Non Practicing Entities Create a Valuable Secondary Market for Patents?
Filing Patent Applications in Other Countries Introduction and Overview and Patent Trends
The America Invents Act: Amends 35 USC et seq. ?First to File.? Other AIA Highlights
The Death of Means plus Function Claim Limitations: 35 USC Sec. 112(f)
Doctrine of Claim Equivalents On the Rise to Expand Patent Liability: 50% Reversal Rate of District Court
Do Patent Trolls or Non Practicing Entities Create a Valuable Secondary Market for Patents?
Filing Patent Applications in Other Countries: Strategies and Costs: Placeholders, WIPO, Patent Cooperation Treaty (PCT), European Patent Office (EPO)
Practice Pointers plus Q&A ? Why some claims are rejected, know the rules and how the system works to avoid rejection. Tips for clients.
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits FL - General: 1.0 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 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.
In this course, attorney David Graulich will discuss ways to reduce bias with better decision making. David will begin by explaining what bias is, and how bias in the legal profession affects society. He will discuss Title VII of the Civil Rights Act of 1964, which is the primary anti-bias weapon in the federal arena. Mr. Graulich will then talk about ways to "debias", as well as rules that have been put into place in order to eliminate bias in the legal profession. He will then explain what modern research tells us about bias. In this section, David will discuss logic v. emotion and he will cover two systems that we all utilize when we strive to make a decision, the "Automatic System" and the "Reflective System". David will finish by explaining how to apply what was learned during the course to the practice of law.
Course Agenda
I. BACKGROUND: BIAS IN OUR PROFESSION
What is Bias?
Explicit v. Implicit Bias
Title VII (1964)
28 U.S.C.A § 144 - Bias or Prejudice of Judge
"Ways to Debias"
Age Grading
From Whence Come the Justices?
II. WHAT MODERN RESEARCH TELLS US ABOUT BIAS
Our First "Blink"
Bias = Here, There and Everywhere
Benevolent Bias
Logic v. Emotion
System One v. System Two
Instinctive Thinking
"Black Swan" Fallacy
Judges ALL Believe in Their Objectivity
III. APPLYING WHAT WE'VE LEARNED TO THE PRACTICE OF LAW
Logical Fallacy: Small Sample
Another Look at Sampling
How to Do Better
Be a Discerning Wary Consumer of Media
Overcoming Bias when Making Decisions About Clients
Occupational Stereotypes
Bias During Voir Dire
"I Wanted a Biased Jury"
Don't Use Racial Stereotypes
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits CO - General: 1.2 Credits FL - General: 1.0 Credits MO - Self Study: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits VT - Self Study: 1.0 Credits WV - Office Management: 1.2 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.
Social media sites such as Facebook, Twitter and LinkedIn have revolutionized how consumers and companies interact with each other. Social media has become a powerful business tool for marketing products and services and building brand awareness and value. Such powerful tools; however do not come without legal risks to businesses.
This course will examine the legal pitfalls and challenges of using social media for businesses and organizations. Mr. Jeremy Floyd will explore how U.S. copyright law interacts within the social media landscape. He will discuss how organizations stumble into defamation and privacy intrusion issues with social media. The course will look at how social media has affected business torts and employment law and present case studies involving the Red Cross, Kitchen Aid, and Chrysler. Lastly, Mr. Floyd will present how companies can properly create an effective social media policy to avoid civil suits from the public, their business partners and their own employees.
Course Agenda
Copyright: USC Title 17
Overview
Copyright protection
Enforcement
Request for removal notice
Cease and desist notice
Linking v. lifting
Best practices
License
Types of copyright licenses
Fair Use
Defamation
Elements of defamation
Case Study: Pizza Kitchen
Slander and Libel
Vicarious liability
Disclosure of Information and Terms of Agreement
FTC's social media regulations
Privacy
Elements of privacy intrusion
Victim definition
Violator definition
Emotional anguish and suffering
Damages
Expectations of privacy
Parties to Lawsuit
Discovery aspect in social media
Case Study: PhoneDog v. Kravitz
Business Torts
Definition
Social media and torts
Social Media and Sexual Harassment
Overview
Liability for Blog Comments
Who is liable?
Employment
Title VII
Social media and hiring practices
Liability issues
Social media and the workplace
Rules and regulations
Contribute with Care - Issues with Tweets from company accounts
Case Study: KitcheAid
Case Study: American Red Cross
Case Study: Flying Saucer Austin
Case Study: Chrysler
Policy
Creating a company policy on social media
Team built
Following industry guidelines
Trade secrets
Guidelines vs. policy
Legal Review
Effective policy lifecycle
Policy elements
Employee agreement
Authorized company media representatives
Social media engagement rules for staffing
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.08 Credits MO - Self Study: 1.1 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WV - General: 1.1 Credits
Course Presenter(s)
Jeremy Floyd
Jeremy Floyd is president of Bluegill Creative, a marketing and communications firm located in Knoxville, Tennessee. Mr. Floyd works with clients to explore out-of-the-box ideas and problem solving strategies across the enterprise with a unique perspective on how technology can be used to better achieve business objectives.
In addition to managing Bluegill Creative, Mr. Floyd is also an adjunct professor for the University of Tennessee Chattanooga MBA program teaching digital strategies and social media.
Mr. Floyd is licensed to practice law in the State of Tennessee and holds a law degree from the University of Tennessee College of Law and a Bachelor of Arts degree from MTSU in English and Philosophy.
Course Price:
$19.99
Social Media, Digital Legacy & Digital Immortality
Social Media, Digital Legacy & Digital Immortality Details
Price:
$19.99
Course Description
What happens to one's digital assets after their death? Who acquires ownership? Are digital assets like photos and Facebook accounts considered real property? How can attorneys prepare their clients in case of their untimely passing? For many states across America, these basic legal questions have no clear answers.
In this course, attorney Deborah Gonzalez presents an overview of new legal concerns regarding digital asset management and protection in an era of increasing online transactions and decreasing hard copy paper trails. Ms. Gonzalez will examine such topics as "the power of dead hands" in US estate planning law and digital death issues. The course will discuss digital asset management for both personal & corporate accounts, digital legacy plans and digital contingency plans. Ms. Gonzalez will explain best practices to ensure social media accounts and other digital assets are passed onto to the proper legal parties. The session ends with a discussion on the possibility of digital immortality and its effects on our legal system and how clients? financial and property concerns can be properly addressed.
Course Agenda
Overview
Death
The power of dead hands
Digital Asset management
Digital immortality
Scenarios
Three stories of death and digital assets
Death
Death is inevitable
Power of Dead Hands
Death and assets
Public Interest
Law of perpetuities
Public good and morality issues
Digital Death
What happens online when you die?
Digital Asset Management (Personal)
Social media accounts
Blog posts
Online subscriptions and photo collections
Size of personal digital assets
Digital Asset Management (Corporate)
Internal assets
External assets
Account access policy
Digital Asset Types
Personal
Online commercial assets
Adult content
Banking & financial accounts
Computers and other tech devices
Social media accounts
Online bill pay
Shared accounts
Voice mail
Commercial
Financial accounts
Client accounts
Employee email
Human Resource systems
Procurement/Vendor accounts
Business social media accounts
Digital Legacy Plans (Personal)
The costs of not having a strategy
Organization and record keeping
Digital Contingency Plans (Corporate)
Case Study: Delta Airlines
Case Study: Facebook
Case Study: Twitter
Digital Legacy Plan
Digital Executor
Legal status of online property
Best practices
Additional Resources
"Your Digital Afterlife"
Q&A
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - UNKOWN TYPE (4938): 1.26 Credits MO - Self Study: 1.3 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.3 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.
This programs examines what happens when a business misclassifies workers as consultants or independent contractors (anything other than employees), when under federal or state law they should have been treated as employees of the business.
The instructors examine the risks of misclassification and provide an in depth review of the criteria utilized by various government agencies to determine classification. They also review enforcement issues and discuss current cases which address this highly charged employment law area. In addition, they provide an example of an Independent Contractor Agreement and address the main points which should be included.
Course Agenda
"Misclassification" - What Is It?
Benefits of Using Independent Contractors
Risks
IRS Criteria
Rulings/Risks/Pitfalls
Determinations/Rulings
How Do I Know If a Worker is Properly Classified?
Independent Contractor vs. Employee Factors
Independent Contractor Agreement
Course Credit per State
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 IN - Distance Education: 1.0 Credits MO - Self Study: 1.2 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)
Cindy Strom Arellano
Experience
Cindy Strom Arellano, head of the business and tax team, is a senior partner in the Cerritos office. Ms. Arellano?s practice focuses on employee benefits and executive compensation, qualified and nonqualified deferred compensation and retirement plans, health and welfare benefit plans, ERISA, tax audits and other tax controversy matters, and MBE/WBE/DBE certification. She also works with nonprofits, including educational foundations, auxiliary organizations, charitable organizations, and trade associations, and represents clients in general corporate transactional matters, business formations, compensation structuring, and mergers and acquisitions.
Ms. Arellano regularly assists clients with drafting and reviewing executive and deferred compensation plans and agreements and advises both public and private sector clients on a variety of issues relating to 401(k),
403(b), 457 and other deferred compensation/retirement plans. She also assists clients with controlled group issues and with correcting qualified plan errors through IRS and DOL compliance programs. In addition,
Ms. Arellano has considerable experience counseling clients with respect to their health and welfare benefit plans, Section 125 cafeteria plans, GASB 43 and 45 plans, voluntary disability plans, fringe benefit arrangements,
and COBRA issues arising in mergers, acquisitions and/or restructuring of businesses. Ms. Arellano has represented numerous clients in the trucking, construction, entertainment, and other industries in connection with tax audits and controversies with the Employment Development Department
(EDD), Internal Revenue Service (IRS), Franchise Tax Board (FTB) and State Board of Equalization (SBE). Audits and tax controversies handled by Ms. Arellano have covered a multitude of issues, including worker
misclassification, sales, income and employment tax disputes and trust fund recovery penalty assessments. Ms. Arellano has successfully appealed many tax assessments, and has negotiated many favorable alternate
payment arrangements and settlements of disputed tax liabilities on behalf of clients who are in collections, under audit, or who have a pending appeal of an assessment by the IRS, EDD, SBE and/or FTB.
Education
Ms. Arellano received a Bachelor of Arts degree in psychology from the University of Central Florida and her Juris Doctor, with distinction, from the University of Nebraska at Lincoln, where she was a member of the Order
of the Coif. While at the University of Nebraska, Ms. Arellano served as a staff member of the Nebraska Law Review. Ms. Arellano received her LL.M. in taxation from the University of San Diego.
Thomas A. Lenz
Experience
Thomas Lenz is a senior partner handling all aspects of labor and employment law issues from the firm's Cerritos and Pasadena offices. He heads the firm's traditional labor and National Labor Relations Board practice. He works with employers in all major industries across California and the West. He currently services on the Executive Committee of the Labor and Employment Section for the State Bar of California. Tom began his law practice with the National Labor Relations Board, Region 21, in Los Angeles, where he investigated and tried unfair labor practice cases, ran workplace elections, and acted as an administrative hearing officer. Tom was assigned difficult cases, including numerous charges involving SEIU's Justice for Janitors campaign activity throughout Los Angeles, and the majority of his cases required work in the Spanish language. He received a formal commendation for his performance from the Agency's General Counsel.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
Course Price:
$19.99
The Cyber Threat Landscape: A Clear and Present Danger to Law Firms
The Cyber Threat Landscape: A Clear and Present Danger to Law Firms Details
Price:
$19.99
Course Description
Modern warfare is no longer fought on traditional battlefield terrain. It takes place from behind the lines, from secure buildings and with sophisticated and dangerous weapons of technology. Although U.S. Governmental agencies and large corporations have been the most frequent targets, more and more, law firms have experienced malicious attacks from afar which continue to expose client and other vital law firm information. This program addresses the cyber-warfare landscape, recent cases, common risks and best solutions.
Course Agenda
Case studies
Hacking in General
Cyber-Warfare
State-sponsored and Independent Groups
Theft of Intellectual Property
Preventive Measures for Attorneys, Law Firms, Companies and Clients
Ethical Duty to Zealously Guard Client Secrets: Is your clients? information safe and secure from hackers?
Security Challenges: Advanced Persistent Threat: Review of Data Loss by Particular Industries, Causes and by Country.
The Problem: The Age of the Anti-Virus is gone and presents a false sense of security. Malware, use of valid credentials by intruders, 1 in 5 emails is illegitimate, time from earliest detection of compromise to detection is usually one year, malicious web links grew by 600%, 32% of malicious web links in social media used shortened web links.
Major Threat Types and Security Challenges: Criminal, Hackers (Hacktivists), Economic Espionage and Nuisance (Botnets/Spam). Advanced Persistent Threats: A sophisticated attack that establishes and extends footholds within a targeted organization for the purpose of extracting information and; pursues its objectives repeatedly, adapts to defenders efforts to resist it and is determined to execute its objective.
How to Detect Threats: The Risk of Personalization and Mobile Security.
Cloud Security, Ransomware (?Trojan?), Smart Phone and Apps: Risky Browser analysis and comparisons, helpful tools for protection against cyber-attacks.
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits MT - Self Study: 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 VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Albert Barsocchini
Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
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.
The United States Tax Benefits of Exporting Details
Price:
$19.99
Course Description
Veteran South Florida Tax Attorney Richard S. Lehman will explain the "IC-DISC" a hidden gem in the tax code.
U.S. taxpayers that sell, lease or license "export property" which is manufactured, produced or grown in the United States (more than 50% of the DISC materials sold must be made in America), can take advantage of strong support for their export profits in the Internal Revenue Code.
The IC-DISC has been approved as an acceptable tax planning entity for the export of American produced computer software and programs as early as 1985. In 1998, a very detailed set of Treasury Regulations was issued that has added certainty to this area of the law.
Course Agenda
Part One
I. The IC-DISC
A) The IC-DISC must sell, lease, license or service "export property".
B) Export property means property manufactured, produced, grown or extracted in the United States, held for sale, lease or rental, in the ordinary course of business for use, consumption or disposition outside the United States and Not more than 50% of the fair market value of which is attributed to articles imported into the United States.
C) Services furnish by DISC.
II. IC-DISC Requirements
A) A corporation taxable as a corporation, must be formed under the laws of any State or the District of Columbia to be the IC-DISC.
B) The corporation must have only one class of stock and minimum capital of $2,500. The IS-DISC shareholders may be related to the IC-DISC.
C) The IC-DISC must take a tax election to be an IC-DISC that must be filed with the Internal Revenue Service within 90 days after the beginning of the tax year of the IC-DISC.
D) The IC-DISC must maintain separate books and records.
E) The IC-DISC must have a certain amount of Qualified Export Assets.
F) The IC-DISC must receive a certain amount of Qualified Export Receipts.
III. The Tax Benefits
A) Tax Deferral
B) Major Savings
IV. The Commission Payments
A) Gross Receipts Method
B) Taxable Income Method
C) Arm's Length Method
V. Payment
VI. Examples
Part Two
I. The DISC Export Property Definition and Software
A) Manufactured, produced, grown or extracted in the United States by a person other than a DISC.
B) Held primarily for sales lease or rental, in the ordinary court of trade or business, by, or to, a DISC, for direct use, consumption or disposition outside the United States.
C) Not more than 50 percent of the fair market value of which is attributable to articles imported into the United States.
II. Copyrights and Copyright Articles
III. Treasury Regulations 1.861.18
IV. Transfer Classification
A) A sale or exchange of the legal rights constituting a copyright.
B) A license of a copyright.
C) A sale or exchange of an article produced under a copyright.
D) A lease of an article produced under a copyright.
V. Source of Income for Sales of Copyrighted Articles
A) Source of Income - Sales
B) Source of Income - Leases
Partial Transfer of a Copyrighted Article
Course Credit per State
AK - Voluntary: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits MO - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Richard S. Lehman
Richard S. Lehman is a graduate of Georgetown Law School and obtained his Master?s degree in taxation from New York University.
He has served as a law clerk to the Honorable William M. Fay, U.S. Tax Court and as Senior Attorney, Interpretative Division, Chief Counsel?s Office, Internal Revenue Service, Washington D.C.
Mr. Lehman has been practicing in South Florida for more than 35 years. During Mr. Lehman?s career his tax practice has caused him to be involved in an extremely wide array of commercial transactions involving an international and domestic client base.
Mr. Lehman has authored a number of articles on taxation and was the Editor and Contributing Author of ?A Guide to Florida International Business and Investment Opportunities,? an informative guide to foreign business persons published by the Florida Department of Commerce, and translated in German, Spanish and Japanese.
Law school teaches you how to think like a lawyer. And this is very important. But law school does not teach you how to actually practice law. Law school does not equip you with the day-to-day skills that you need to know in order to be a successful new lawyer and contribute meaningfully to a legal practice from day one.
In this program, Ms. Moore indentifies and discusses some of the key challenges new lawyers face as they transition from law school into a legal practice environment. If you want to succeed, and stand out from your peers, you have to make an exceptional impression from day one. In addition to a solid resume, you must demonstrate that you have the personal skills, practical skills, and business sense to succeed in your early legal career and beyond. You will be expected to know the unspoken rules of professionalism, connect with and maintain mentor relationships, master time management and organization, build productive working relationships with senior attorneys, use social media strategically, and more. Ms. Moore will explain the missteps new lawyers routinely make in the areas of confidence, professionalism, interfacing with clients, delegating work, and more. For each challenge, Ms. Moore will identify specific rubrics and techniques for addressing these challenges head on. Ms. Moore will share both the ways that new lawyers themselves can generate solutions to the challenges presented by a legal practice, as well as how their firms, companies, and other offices can support them as they navigate the challenges.
Course Agenda
Overview
Challenges and opportunities
Confidence
Achieving confidence
Self-doubt
Best practices
Understanding the significance of professionalism
Aspects of professionalism
Work vs. private life
Dress code
Concentric circles of professionalism
Interpersonal skills
Best practices
Displaying enthusiasm
Why enthusiasm is important
Importance of a positive attitude
Diligence
Best practices
It?s in the details
Observing others
Quality of work
The Question/Assumption Game
The assumption trap
The solution-oriented strategy
Management advice and access
Delegating
The challenges of delegation
Proper use of paralegals
Client Interactions
Challenges of client interactions
Timing and frequency is key
Learning actively
Best practices
Key resources
Peers and mentors
Internet resources
Marketing a legal practice
The challenge of marketing yourself
The professional importance of marketing oneself
Work/Life Balance
The challenges and importance of a good work/life balance
Best practices
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Desiree Moore
Desiree Moore is the founder and President of Greenhorn Legal, LLC and author of the ABA bestseller, Thrive - A New Lawyer's Guide to Law Firm Practice. Ms. Moore is an Adjunct Professor at Loyola University Chicago School of Law and was an associate at the law firm of K&L Gates LLP (formerly Bell, Boyd & Lloyd, LLP) in Chicago for seven years. In 2011, Ms. Moore left K&L Gates to launch Greenhorn Legal.
Ms. Moore developed Greenhorn Legal to address a significant deficit in the legal market: law students and recent law school graduates ( even the most diligent ones ) are not prepared to practice law. The skills learned in law school are necessary, but far from sufficient, to enable young lawyers to thrive in their legal practice. The Greenhorn Legal training programs prepare law students and new lawyers to succeed. Greenhorn Legal equips new lawyers with key skills that will help them stand apart from their peers in the job search and act as indispensable members of their legal practices from day one.
Course Price:
$19.99
What Every Lawyer Should Know About Cyber Security
What Every Lawyer Should Know About Cyber Security Details
Price:
$19.99
Course Description
This informative presentation will cover current cyber security risks that affect today's attorneys, their firms, and clients. Deborah Gonzalez will begin by covering the basics of online security before delving deeper into the major cyber threats awaiting attorneys and their firms in a new and fast changing digital world. She will discuss critical issues, such as the importance of cyber security awareness, so that attorneys will have a better understanding of cyber vulnerabilities, as well as what security measures they can take to minimize risk and provide a reasonable level of security. Deborah will also cover issues such as ethical obligations, which may be compromised by a lack of understanding or preparation when it comes to protecting sensitive, confidential information.
Course Agenda
Setting the Context
How many lawyers out there log into secure accounts while using the free Wi-Fi at a local coffee shop?
How many click on links in emails that say "Is this really a picture of you?!!"
How many use an easy-to-guess password?
How many don't bother to log out of their office computer while they go to lunch?
How many leave it open overnight?
How many use the same easy-to-guess password for all their online accounts?
New world full of digital threats:
Breaches, Hacks, Social Engineering
Online risks:
Reputational, Operational, Legal
Consequences:
Financial, Compliance Penalties, Loss of Trust
What are you protecting?
Case and/or litigation strategy information
Confidential client business information
Attorney-client privileged communications and other legally privileged information
Client intellectual property
A range of personally identifiable information (PII) of all kinds for employees, clients and third parties and
Financial information, i.e. payment card information
Who creates the risk?
You
Your partners
Other attorneys/associates in your firm
Opposing Counsel
Interns/Clerks (Students)
Paralegals
Other Staff in your firm
Clients
Thieves
Hackers
Crackers
Cyberterrorists
Cyber Smearers
Competitors
Industrial Spies
Foreign Governments
Our Government - NSA
Politicians
Unknown Entities
I'm too Small Defense
"Size" is not the answer.
This is an issue for big firms, mid-size firms, small firms and solo practitioners.
It is not about us - it is about our clients - and all size firms have all size clients.
According to a study conducted by Symantec, whenever your laptop, USB thumb drive, or smart phone's data is
breached (i.e., your client's data), it costs on average $136 for each record that is stolen or $5.4 million per incident.
Address Disclosure Obligations and Appropriate Communications
Guide Participation in Public-Private Partnerships and Law Enforcement Interactions
Achieve Regulatory Compliance
Provide Counsel to Cyber-security Program
Prepare to Handle Incidents and Crisis
Manage Cyber-security Related Transactional Risk
Effectively Use Insurance
Monitor and Strategically Engage in Public Policy
Discharge Professional Duty of Care
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.3 Credits CT - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.3 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits TX - General: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.3 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.
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