Attention: CLE rules have temporarily changed in several states due to the Coronavirus Pandemic. MCLEZ is monitoring these changes and will provide updates as they occur. Click here for details.

CLE rules have temporarily changed in several states due to the Coronavirus Pandemic. MCLEZ is monitoring these changes and will provide updates as they occur.

Alabama: No rule changes have been made at this time.

Alaska: No rule changes have been made at this time.

Arizona:The Supreme Court of Arizona has issued an Order extending the deadlines for both the completion of mandatory continuing legal education hours and the required affidavit of compliance, solely for the educational year 2019-2020. The deadline for completion of the necessary hours is extended through December 30, 2020; the deadline for submission of the affidavit of compliance is also extended through December 30, 2020.

California: The State Bar of California has issued an order extending the late CLE deadline, which was previously June 30, 2020, to September 30, 2020 for attorneys in Group 3 who have not yet completed their MCLE requirement. Failure to complete the requirement by September 30, and pay any outstanding license fees, will result in being enrolled in Involuntary Inactive status.

Connecticut: No rule changes have been made at this time.

Florida: The Florida Bar issued an order extending CLE reporting deadlines for February, March, April and May 2020 to August 31, 2020. All other annual compliance deadlines remain the same.

Georgia: The Supreme Court of Georgia issued an order temporarily waiving the 6 hour in-person CLE requirement until the late CLE deadline on March 31, 2020. Georgia attorneys can now complete their full 12 hour requirement through self-study, in-house or online seminars.

Illinois: The Illinois Supreme Court has issued an order extending the MCLE deadline by 90 days (to September 30) for attorneys due in 2020 (last name A-M) who are unable to complete their requirement by June 30. To receive this extension, attorneys must log in to the MCLE Board's website and report "Not Yet Completed" by July 31. No reason for the extension is required.

Indiana: The Indiana Supreme Court has waived the credit-hour limitations on distance education courses for attorneys whose three-year Educational Period ends on December 31, 2020. Those credit-hour limitations are amended for all other attorneys whose educational periods expire on or before December 31, 2022 may obtain no more than 24 hours of distance education. https://www.in.gov/judiciary/files/order-other-2020-20S-ms-239.pdf

Kansas:On April 8, 2020, the Kansas Supreme Court issued Administrative Order 2020-RL-033. This order modifies continuing legal education attendance and reporting deadlines, and waives the limitation on prerecorded programming through September 30, 2020

Kentucky: No rule changes have been made at this time.

Maine:The Maine Supreme Judicial Court has issued an order temporarily waiving the in-person CLE requirement. Maine attorneys may complete their entire CLE requirement via On-Demand courses until further notice. In addition, the Board of Overseers of the Bar for the State of Maine has extended the reporting deadline to May 1, 2020 and will not impose any late fees for the 2018-2019 reporting period.

Mississippi: The Supreme Court of Mississippi approved the waiver of the in-person requirement for MCLE so that attorneys may earn all their credits through online programs or live webinars. The Court also extended the deadline to September 30, 2020 with a reporting deadline of October 15, 2020. This waiver and deadline extension also apply to newly licensed attorneys whose new lawyer requirement deadline is July 31, 2020. https://courts.ms.gov/appellatecourts/docket/sendPDF.php?f=700_496517.pdf&c=91465&a=N&s=2

Missouri: No rule changes have been made at this time.

Montana: No rule changes have been made at this time.

Nevada: No rule changes have been made at this time.

New Hampshire:No rule changes have been made at this time.

New Jersey: The Supreme Court of New Jersey issued an order temporarily relaxing the 12-hour live classroom credit requirement. Until further notice from the courts, New Jersey attorneys may fulfill their entire CLE requirement through approved courses offered in alternative verifiable learning formats.

New York: No rule changes have been made at this time.

North Carolina: No rule changes have been made at this time.

North Dakota: Effective immediately and continuing until further notice attorneys in Reporting Group 3, who report in 2020, will be allowed to earn all or a portion of the required 45 credits through self-study. Three (3) ethics CLE hours will still be required. https://www.sband.org/news/496604/Important-News-from-the-ND-CLE-Commission.htm

Ohio: The Ohio Commission on Continuing Legal Education has waived the self-study cap for the 2018-2019 Late Compliance period and extended the deadline to June 29, 2020. Ohio attorneys who still need to finish their CLE requirements from the 2018-2019 compliance period can do so by watching On-Demand programming.

Oklahoma: No rule changes have been made at this time.

Pennsylvania: The April 30, 2020 CLE compliance deadline is extended to August 31, 2020. Click Here to View Court Order

South Carolina: Chief Justice Donald Beatty issued an order on March 17, 2020, allowing lawyers who failed to comply with the 2019-2020 CLE requirements to earn all or any portion of the required 14 hours of CLE credit for the annual reporting year through online or telephonic programs.

Tennessee: On March 27, 2020, the Supreme Court issued an order allowing attorneys to use unlimited online hours to establish their compliance for the 2020 compliance year. Attorneys seeking reinstatement in 2020 are also covered by the order.

Texas: The State Bar of Texas has granted the following automatic extensions for their CLE requirement: (1) A 60 day extension for attorneys with March, April, or May 2020 compliance deadlines; (2) A 60 day extension for missed January or February 2020 compliance deadlines, to prevent the assessment of further fees; (3) A one month extension for attorneys subject to suspension for failure to comply with MCLE requirements in November or December 2019.

Utah: The Supreme Court Board of Continuing Education issued an order suspending all requirements for the in-person CLE requirement until June 30, 2020. Utah attorneys can now complete their required hours through webinars and other self-study courses.

Vermont: No rule changes have been made at this time.

Virginia:The Supreme Court of Virginia issued an order April 14, 2020, extending a number of compliance deadlines that affect Virginia lawyers to ease their professional responsibilities during the COVID-19 emergency. The order extends the MCLE compliance deadline from October 31, 2020 to December 31, 2020.

Washington: No rule changes have been made at this time.

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Missouri CLE and MCLE Courses

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.

Missouri Bar Contact Info: Missouri Bar Website Phone # 573-638-2233

Missouri CLE Course Catalog

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10 Legal Considerations for Starting and Running a Medical Practice

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10 Legal Considerations for Starting and Running a Medical Practice Details


Price:
$19.99

Course Description

In this fast-paced and highly informative program, the speakers address core issues with which attorneys who may be involved with medical practitioners must be familiar. These include how to help limit liability exposure, choice of business entity, supervision issues, compensation, Contracts 101 (HR and more), Intellectual Property, legal issues regarding marketing and how to avoid and/or best resolve disputes with patients. Also discussed are recommended asset protection and estate planning strategies and common asset protection mistakes which medical professionals need to be aware of and avoid.

Course Agenda

  • Limiting Your Liability
  • Supervision Issues
  • Compensation
  • Contracts 101
  • Intellectual Property
  • Marketing Legal Issues
  • How to Avoid Disputes

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
CT - General: 1.0 Credits
FL - General: 1.0 Credits
GA - Self Study: 1.0 Credits
IL - General: 1.0 Credits
ME - Self Study: 1.0 Credits
MO - Self Study: 1.0 Credits
MS - General: 1.1 Credits
MT - Self Study: 1.0 Credits
NC - General: 1.0 Credits
NH - General: 1.0 Credits
NJ - General: 1.3 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
PA - Distance Learning: 1.0 Credits
SC - General: 1.05 Credits
TX - General: 1.0 Credits
UT - Self Study: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

A Primer on International Taxation

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A Primer on International Taxation Details


Price:
$19.99

Course Description

There is a multitude of issues that drive a cross-border business transaction. Sale of shares versus sale of assets; statutory mergers; joint ventures; security for enforcement of representations and warranties; governing law and venue; earn-outs and holdbacks; restrictions on foreign ownership; due diligence; local customs; privacy and many other. Most non-tax considerations are not country specific. They are driven by the economics of the deal and the negotiating position of the parties. When a transaction touches the U.S., tax has the center-stage.

From a U.S. standpoint, none of the other issues are as important as the tax consequences. Taxation of an M&A transaction will very often determine the deal structure. The parties can negotiate and agree to all the other terms, but tax will determine how the transaction is structured, what is possible and what is not.

For U.S. tax purposes, cross-border transactions are divided into two classes: inbound (foreigners doing business or investing in the U.S.), and outbound (Americans doing business and investing overseas). The tax rules that apply to inbound and outbound transactions are entirely different. We will examine both, and will then delve into the related subjects of pre-immigration tax planning (foreigners immigrating to the U.S.) and expatriation (Americans emigrating from the U.S.).

Course Agenda

Course Credit per State


AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
IN - Distance Education: 1.0 Credits
MO - Self Study: 1.2 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

Advanced Planning with Trusts

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Advanced Planning with Trusts Details


Price:
$19.99

Course Description

Attorney Jacob Stein offers an in-depth review of trusts in general, specific types of trusts and when and how each may be appropriate. He defines a "Trust" as a private agreement between two people, and the roles of the settlor, trustee and beneficiaries. He then focuses on irrevocable trusts and necessary special considerations, use of trusts in advanced tax planning, defective grantor trusts, asset protection generally, how to best structure asset protection trusts, self-settled trusts and foreign protection trusts. Both in the general overview of trusts within our legal system and in the specific considerations necessary to evaluate different types of trusts, this program provides attorneys with information on trusts which can be of enormous value, both to themselves and to their clients.

Course Agenda

  • The Basics
  • Terminology - Types of Trusts
  • Focus on Irrevocable Trusts
  • Requirements for a Valid Trust
  • Trustee - Selection, Duties, Powers
  • Possible Benefits of Trusts
  • Special Considerations
  • GRATs
  • Income Tax Planning with DINGs
  • Structuring Asset Protection Trusts
  • Self-Settled Trusts

Course Credit per State


AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
GA - Self Study: 1.0 Credits
IL - General: 1.0 Credits
IN - Distance Education: 1.0 Credits
MO - Self Study: 1.2 Credits
NH - General: 1.0 Credits
NJ - General: 1.2 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
TN - General: 1.03 Credits
TX - General: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

Advances in Technology: Protecting the Truth

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Advances in Technology: Protecting the Truth Details


Price:
$19.99

Course Description

With Deepfake videos the ability to manipulate audio, video and images has created a fundamental trust problem and is a major corporate threat. Soon, we literally might not be able to believe our own eyes or ears when trying to detect and deter corporate fraud, for example disgruntled employees creating fake clips of their supervisor or co-employee to undermine them or get them fired, or changing a voicemail recording of what a person said to support a false claim. Additionally, so called "pump and dump" schemes use a combination of fake audios and videos to quickly spread corporate misinformation to impact high-frequency trading algorithms that rely on digital information to make investment calls. In the courtroom sophisticated AI generated images has raised issues related to legal challenges to digital evidence based on authenticity, with similar problems in e-discovery. Of course, the cultural and political ramifications, and privacy and social media concerns about deepfake videos becomes more evident every day.

Course Agenda

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - Ethics: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
FL - Ethics: 1.0 Credits
IL - General: 1.0 Credits
MO - Self Study: 1.2 Credits
MS - General: 1.0 Credits
NH - Ethics: 1.0 Credits
NJ - General: 1.2 Credits
NV - Ethics: 1.0 Credits
NY - Ethics: 1.0 Credits
OH - Attorney Conduct: 1.0 Credits
TN - Dual: 0.98 Credits
TX - Ethics: 1.0 Credits
UT - Self Study: 1.0 Credits

Course Presenter(s)

Albert Barsocchini
ALBERT BARSOCCHINI, Esq. is an internationally recognized expert and thought leader in discovery, information governance and digital investigations. He is a past chair of the California State Bar's Law Practice Management & Technology Section. Mr. Barsocchini has over ten years of experience as a first-chair trial attorney and is a California State Bar Special Master and Certified E-discovery Specialist. He is currently Director of Strategic Consulting and Client Advisory Service at NightOwl Discovery.
  Course Price:
$19.99
 
 

Attorneys and Hi-Tech Communication: A Basic Guide

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Attorneys and Hi-Tech Communication: A Basic Guide Details


Price:
$19.99

Course Description

In today's modern workplace, Attorneys need to understand the importance of meeting with clients in a virtual setting. This lecture discusses the ethical and practical reasons to go virtual with meetings and how to accomplish that task, plus tips and troubleshooting ideas for making those online meetings happen as successfully as possible.

Course Agenda

  • We all know about the internet but?
  • Why is it important?
  • ABA MODEL RULE 1.4
  • Sensitivity to meeting in person
  • Advantages/Necessities to online meeting
  • What are the options?
  • Facebook
  • Skype
  • Zoom
  • Citrix/VPN Apps
  • Troubleshooting
  • Things to consider

Course Credit per State


AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - Technology: 1.0 Credits
IL - General: 1.0 Credits
IN - Distance Education: 1.2 Credits
KY - General: 1.0 Credits
MO - Self Study: 1.0 Credits
NY - General: 1.0 Credits
TN - General: 1.13 Credits
TX - General: 1.0 Credits

Course Presenter(s)

Russell Jackman, Esq.

Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.

  Course Price:
$19.99
 
 

Bring Your Own Tech to the Office

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Bring Your Own Tech to the Office Details


Price:
$19.99

Course Description

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
CT - General: 1.0 Credits
MO - Self Study: 1.16 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.

  Course Price:
$19.99
 
 

Consumer Collections

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Consumer Collections Details


Price:
$19.99

Course Description

This course provides a general overview of the use of attorneys to collect on consumer debt using the judicial system and also dives into some subtleties that practicing consumer collection attorneys will encounter. Topics covered include the difference between specializations in Consumer Collections, FDCPA and bankruptcy areas of law; general consumer collections principles; situations where the debtor wants to settle; seeking a default clerk?s judgment, discovery, trial preparation and efforts in enforcement of the judgement.

Course Agenda

  • What is consumer collections?
  • Consumer Collections General Principles
  • Situations Where the Debtor Wants to Settle
  • Seeking a Default Clerk?s Judgment
  • Discovery
  • Trial Preparation
  • Efforts in Enforcement of the Judgment

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
GA - Self Study: 1.0 Credits
IL - General: 1.0 Credits
ME - Self Study: 1.0 Credits
MO - Self Study: 1.2 Credits
MS - General: 1.0 Credits
NC - General: 1.0 Credits
NH - General: 1.0 Credits
NJ - General: 1.2 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
OK - Distance Learning: 1.0 Credits
PA - Distance Learning: 1.0 Credits
TX - General: 1.0 Credits
UT - Self Study: 1.0 Credits

Course Presenter(s)

Lawrence M. Smith
Lawrence M Smith, Esq. received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Smith is currently working in private practice and resides in Sacramento, California and specializes in Consumer Collections and has over 25 years of experience in this field.
  Course Price:
$19.99
 
 

COVID-19 Legal Implications and Considerations for Businesses

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COVID-19 Legal Implications and Considerations for Businesses Details


Price:
$19.99

Course Description

Course Agenda

Course Credit per State


CA - General: 1.5 Credits
IN - Distance Education: 1.5 Credits
KY - General: 1.5 Credits
MO - Self Study: 1.8 Credits
NY - General: 1.5 Credits

Course Presenter(s)

  Course Price:
$19.99
 
 

Credit Damages and their Application in Cases: An Overview

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Credit Damages and their Application in Cases: An Overview Details


Price:
$19.99

Course Description

Credit damage and loss of credit reputation can occur when misconduct by a third party results in negative information appearing on a credit report that leads to an individual or business to lose access to credit that was available prior to the damage. The ability to identify and assess a client?s credit damages can increase the value of a damage demand significantly in litigation matters. This damage can result in increased out-of-pocket costs, loss of credit capacity and loss of credit expectancy (the inability to obtain any new credit or new credit at the same interest rate category as pre-injury).

As credit reputation damages become more common, courts are rejecting the defense?s "subjective" argument and allowing credit reputation damage as a general or special injury. Attorneys should learn how to identify such damages and undertake a credit damage investigation whenever a significant monetary loss appears to have occurred. This program examines credit report issues and credit reputation damage compensation and helps attorneys identify these potential damages in a wide variety of cases.

Course Agenda

  • Why are ?Client Credit Damages? important? The ability to identify and assess a client?s credit damages can increase the value of a damage demand significantly in litigation matters.
  • Statutes: In California, the applicable statute is California Code of Civil Procedure Section 3333. Other states may have similar statutes.
  • When do Credit Damage and Loss of Credit Reputation Occur? Definition: Credit damage and loss of credit reputation can occur when misconduct by a third party results in negative information appearing on a credit report that leads to an individual or business to lose access to credit that was available prior to the damage.
  • Typical LossesInvolved: This damage can result in increased out-of-pocket costs, loss of credit capacity and loss of credit expectancy (the inability to obtain any new credit or new credit at the same interest rate category as pre-injury).
    • Examples of Credit Damage and Loss of Credit Reputation.
    • Typical cases where Credit Damage May Apply:
    • Personal injury
    • Improper real estate transactions
    • Identity theft
    • Breach of contract
    • Fraud
    • Malpractice (i.e., legal, medical)
    • Mortgage delinquency/modification programs
    • Health insurance coverage rescission
    • Contested divorce
    • Partnership disputes
  • Complaints from Clients: Examples and How to Increase Awareness of Attorneys to Credit Damage
  • Example: Property Owner?s Insurance Claim Ignored by Insurer
  • Example: Contested Divorce
  • Credit Reputation Damage As a Special Injury: Case Law
  • Need to Include Credit Reputation Damage in Damage Demands
  • Typical Indicators
  • Assessing Credit Damage Demand
  • Questions to ask clients. Consumer Credit Reports.
  • What Can Be Used in Court?
  • What Subscriber Credit Reports Reveal
  • Measuring Credit Reputation Damages
  • Conclusion: As credit reputation damages become more common, courts are rejecting the defense?s "subjective" argument and allowing credit reputation damage as a general or special injury. Attorneys should undertake a credit damage investigation whenever a significant monetary loss appears to have occurred.
  • Review: Questions and Answers

Course Credit per State


AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
MO - Self Study: 1.2 Credits
NY - General: 1.0 Credits
WA - General: 1.0 Credits
WV - General: 1.2 Credits

Course Presenter(s)

Georg Finder

Georg Finder, an Orange County, CA Independent Credit Evaluator (ICE), is an expert on credit reporting violations and credit damage measurement. He has more than 20 years of experience evaluating credit reports and has appeared as an expert witness for both plaintiff and defense. He is an expert on credit report issues and credit reputation damage compensation and teaches a certified Credit Damages Assessor (CDA) program through the Financial Education Academy.

James Ellis Arden

James Ellis Arden is an attorney in California who on litigation and appeals involving civil procedure and attorney malpractice issues. He is rated AV-preeminent by Martindale-Hubbell. Arden writes andlectures on legal practice, technology, and ethics. He authors the ?TechnoEthics? column in GPSOLO magazine, published by the ABA General Practice, Solo and Small Firm Division. Arden is a member of the Association of Professional Responsibility Lawyers (APRL), the Professional Responsibility and Ethics Committee (PREC) of the Los Angeles County Bar Association, and the California State Bar Committee on Professional Liability Insurance (COPLI). In the olden days, he studied psychology and computer programming.

  Course Price:
$19.99
 
 

Cyber Stalking: Who's Watching Me

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Cyber Stalking: Who's Watching Me Details


Price:
$19.99

Course Description

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
CT - General: 1.0 Credits
MO - Self Study: 1.4 Credits
MT - Self Study: 1.25 Credits
NY - General: 1.0 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.

  Course Price:
$19.99
 
 

Demystifying Cyber Security

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Demystifying Cyber Security Details


Price:
$19.99

Course Description

This program helps attorneys understand the ethical issues which surround cyber security, including protection of client data and advice lawyers should provide businesses and other clients. Mr. Jackman provides real-world examples of the issues raised in the ABA Rules and Opinions, and offers helpful guidance on how lawyers can best understand cyber security, how they can best comply with their ethical obligation to protect client information and to act promptly to stop any breach and mitigate damage resulting from the breach.

As he digs into the subject of cyber security, Mr. Jackman offers an overview of the actors involved with cyber security threats, the scope of the problem and the types of threats prevalent, (hacking, phishing, ransomware), and the risks to capital, property, business continuity, costs of response, damage to brand name, reputation and customer confidence. He discusses the tensions between privacy and security, reviews recent cyber attacks and analyzes data breaches by types of attacks and the relevant federal regulations. Of interest is a sample security questionnaire which can be utilized to evaluate vulnerabilities and create a breach response action plan with suggested solutions for easy and affordable ways to materially help protect against cyber threats.

Course Agenda

  • What is Cyber Security?
  • How did we get here
  • What are the types of current threats? How big is the risk really?
  • Who are the targets?
  • Where is this leading us?
  • What can I do to protect myself and my business?

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
FL - Technology: 1.0 Credits
IL - General: 1.0 Credits
IN - Distance Education: 1.0 Credits
KY - General: 1.0 Credits
MO - Self Study: 1.2 Credits
NH - General: 1.0 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
TX - General: 1.0 Credits

Course Presenter(s)

Russell Jackman, Esq.

Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.

  Course Price:
$19.99
 
 

Depositions

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Depositions Details


Price:
$24.99

Course Description

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


    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
    MO - Self Study: 1.5 Credits
    NV - General: 1.5 Credits
    NY - General: 1.5 Credits
    PA - Distance Learning: 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
 
 

Doing Business in South America

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Doing Business in South America Details


Price:
$19.99

Course Description

Supremely qualified presenters address the many differences and similarities of how business is conducted in both Brazil and Argentina as compared to the United States. Topics include tax reform and compliance in Argentina, corporate governance, corporate criminal liability, an overview of the Brazilian economy, political landscape and capital markets, commonly used business structures and legal entities an introduction to the Brazilian legal system and taxation, the do's and don'ts of foreign investment, corporate and joint venture issues for U.S. investors in South America, establishing the optimal corporate structure, U.S. Taxation of Outbound Transactions (CFCs and Subpart F income) and Income Tax Treaties. Moreover, the program offers a stimulating overview of these two large countries, the opportunities they present and the intricacies of their investment structures and legal systems.

Course Agenda

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
MO - Self Study: 1.3 Credits
MS - General: 1.1 Credits
NH - General: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
PA - Distance Learning: 1.0 Credits
TX - General: 1.0 Credits
UT - Self Study: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

Drafting Software Development Agreements

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Drafting Software Development Agreements Details


Price:
$19.99

Course Description

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


    AZ - General: 1.25 Credits
    CA - General: 1.25 Credits
    CO - General: 1.2 Credits
    CT - General: 1.5 Credits
    FL - General: 1.5 Credits
    IL - General: 1.25 Credits
    MO - Self Study: 1.5 Credits
    NY - General: 1.5 Credits
    WA - General: 1.25 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.

  Course Price:
$19.99
 
 

Fair Credit Reporting Act

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Fair Credit Reporting Act Details


Price:
$19.99

Course Description

This course covers the basics of litigation invoking the Fair Credit Reporting Act. Potential clients are anyone whose credit reports have inaccuracies and who have not been able to get the credit reporting agencies (CRAs) to make corrections.

The FCRA provides for private civil actions against the CRAs such as Experian, Equifax and Trans Union and against the furnishers of information to the CRAs, such as banks, finance companies, and debt collectors.

The courts will cover the statutory framework, how the dispute process works, the issues that typically arise in civil litigation against the CRAs and furnishers, and the types damages consumers may seek.

There will be discussion of the types of cases that are successful under the FCRA and the types of clients and cases to avoid.

Resources available to the private practitioner will be discussed.

Course Agenda

  • Consumer Rights under the FCRA
  • Key Threshold Issue-Accuracy in Credit Reports
  • Common Inaccuracies in Credit Reports
  • The Dispute Process, a Prerequisite to a Civil Case
  • What is a Reasonable Investigation?
  • Actual Damages Available in FCRA Cases\
  • Punitive Damages
  • Discovery from CRAs and Furnishers
  • Right to Jury Trial
  • Types of FCRA Cases Commonly Litigated
  • Statute of Limitations
  • Settlement Values of FCRA Cases
  • How to Evaluate Potential Client
  • Potential clients to reject
  • Essential Resources
  • Case Law

Course Credit per State


AK - Voluntary: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
MO - Self Study: 1.0 Credits
MT - Self Study: 1.0 Credits
ND - Self Study: 1.0 Credits
NH - General: 1.0 Credits
NJ - General: 1.3 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits
TN - General: 1.03 Credits
UT - Self Study: 1.0 Credits

Course Presenter(s)

Mark F. Anderson
Mark F. Anderson has practiced law in San Francisco for over 45 years. He also represents consumers Fair Credit Reporting Act cases in which the consumers were damaged by inaccurate credit reporting by banks and other creditors who report credit information to Experian, Equifax, and TransUnion. He has settled over 150 cases involving inaccurate credit reporting. Mark was one of the first attorneys in California to represent consumers in lemon law cases. He has represented consumers in over 4,000 lemon law cases. He has also represented plaintiffs in numerous consumer class actions.
  Course Price:
$19.99
 
 

FOIA - Freedom of Information Act

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FOIA - Freedom of Information Act Details


Price:
$19.99

Course Description

The crux of the Freedom of Information Act (5 U.S.C. Sec. 552) is to make Federal agencies accountable for information disclosure policies and practices. While the Act does not grant an absolute right to examine government documents, it does establish the right to request records and to receive a response to the request. If a record cannot be released, the requester is entitled to be formally advised of the reason for the denial. The requester also has a right to appeal the denial and, if necessary, to challenge it in court. Consequently, access to information of the Federal Government can no longer be controlled by arbitrary or unreviewable actions of a hidden bureaucracy. This program introduces attorneys to FOIA and (includes a discussion of FOIA and Environmental Law)

Course Agenda

  • Historical Overview of the Freedom of Information Act (5 U.S.C. Sec. 552)
  • How to make information requests
  • What types of records can be obtained using FOIA
  • FOIA Fee Waivers
  • Time frames for the government to respond to a request for public records
  • Exemptions from disclosure
  • Request Strategies
  • Department of Justice and State and Government Websites
  • How FOIA can best be used to serve the interests of clients, the public and our democracy.

    Course Credit per State


    AZ - General: 2.0 Credits
    CA - General: 1.75 Credits
    FL - General: 2.0 Credits
    IL - General: 1.75 Credits
    IN - Distance Education: 1.8 Credits
    KY - General: 1.75 Credits
    MO - Self Study: 2.1 Credits
    NH - General: 1.75 Credits
    NJ - General: 2.2 Credits
    NY - General: 1.75 Credits
    OK - Distance Learning: 2.0 Credits
    TX - General: 2.0 Credits
    VA - General: 2.0 Credits

    Course Presenter(s)

    Pete Sorenson

    With more than 30 years as an attorney, lawyer and advocate, I am licensed to practice law in the District of Columbia and the State of Oregon. I specialize in the Freedom of Information Act (FOIA) law and help journalists, authors, nonprofits, for profit businesses, and others to access federal government records. I assist clients with FOIA Requests, Administrative Appeals, Judicial Reviews and FOIA litigation. In addition to assisting clients, I speak and lecture on FOIA, most recently at the Appalachian Public Interest Environmental Law (APIEL) Conference in Tennessee, University of Georgia School of Law, and at University of Tennessee College of Law.

    Public and civic service is a cornerstone, with earlier careers working for a member of Congress and as Special Assistant to the Secretary of Agriculture. I am currently serving my 24th year as an elected Commissioner on the Lane County Board of Commissioners in Eugene, Oregon. Prior to that, I served in the Oregon State Senate. My political and civic experience adds a depth and understanding to my FOIA work that is unique among lawyers.

    RECENT FOIA CASES: (2016 ? Present)
    • Food and Drug Administration: assisted journalist in obtaining the calendar of a crucial FDA official
    • Central Intelligence Agency: obtained records for a journalist writing on the activities of a prominent CIA official, used in questioning President's nominee for CIA Director
    • Environmental Protection Agency: made request for client; assisted company in obtaining a report of a competitor's product performance
    • Central Intelligence Agency: made request, filed administrative appeal and judicial review; assisted in obtaining records of a client's father's service in the CIA
    • Bureau of Land Management: on behalf of a nonprofit organization, filed judicial review, obtained records and then obtained significant judgment for attorneys' fees for that work
    • Agricultural Marketing Service: filed judicial review; assisted nonprofit organization in obtaining records and then obtained judgment for attorneys' fees for that work February 6, 2020

    Federal Bureau of Investigation: filed request and administrative appeal on behalf of an individual seeking DNA evidence in criminal matter; obtained records; matter pending Centers for Medicare and Medicaid Services: assisting client in obtaining records held by CMS (in progress) Environmental Protection Agency: filed judicial review, obtained records, and obtained settlement of attorneys' fees for engineering firm needing data and reports

    CURRENT WORK:
    • 1997 ? Present Elected County Commissioner, Lane County Board, Eugene, Oregon
    • 1982 ? Present Attorney and Owner, Sorenson Law Office, Eugene, Oregon
    PAST EXPERIENCE:
    • 2005 ? 2006 Adjunct Professor, School of Law, University of Oregon
    • 1993 ? 1997 Oregon State Senator (Member of Judiciary Committee), Salem, Oregon
    • 1984 ? 1985 Visiting Professor, Department of Geography, University of Oregon
    • 1983 ? 1984 Instructor, Dept. of Planning, Public Policy and Management, University of Oregon
    • 1981 ? 1982 Volunteer Prosecutor, Lane County District Attorney's Office, Eugene, Oregon
    • 1979 ? 1982 Law Clerk, Dwyer Simpson and Wold, Attorneys, Eugene, Oregon
    • 1977 ? 1979 Special Assistant, Office of the Secretary of Agriculture, Washington, DC
    • 1974 ? 1977 Legislative Assistant, Congressman Jim Weaver (Oregon), Washington, DC
    EDUCATION:
    • 1996 ? Certificate of Completion, Program for America's Emerging Political Leaders, Darden School, University of Virginia, Charlottesville, Virginia
    • 1982 ? J.D. University of Oregon School of Law, Eugene, Oregon
    • 1979 ? M.A. University of Oregon Geography Department, Eugene, Oregon
    • 1973 ? B.A. University of Oregon Geography Department, Eugene, Oregon
    • 1972 ? A.A. Southwestern Oregon Community College, Coos Bay, Oregon
    BAR MEMBERSHIPS:
    • 1994 United States District Court for the District of Columbia
    • 1993 United States Court of Appeals for the District of Columbia Circuit
    • 1993 District of Columbia Court of Appeals
    • 1991 Supreme Court of the United States of America
    • 1984 United States Court of Appeals for the Ninth Circuit
    • 1983 United States District Court for the District of Oregon
    • 1982 Lane County Bar Association
    • 1982 Oregon State Bar
  Course Price:
$19.99
 
 

Got a Handle on Employee Leaves of Absence

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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


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
IL - General: 1.0 Credits
MO - Self Study: 1.2 Credits
NY - General: 1.0 Credits
WA - General: 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
  Course Price:
$19.99
 
 

Independent Contractor Compliance

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Independent Contractor Compliance Details


Price:
$19.99

Course Description

Thomas A. Lenz and Cindy S. Arellano, Partners at Atkinson, Andelson, Loya, Ruud & Romo, discuss the factors which may give rise to "Misclassification" of workers by businesses. Are workers employees, or are they independent contractors, and how should businesses make these determinations? What are the possible consequences of misclassification? What are the new developments, trends and cases in this legal arena? The presenters discuss the benefits and risks of Independent Contractor status, triggers for misclassification audits, how to determine if a worker is properly classified and IRS criteria in classification matters. They offer valuable tips and a comprehensive review on how to conduct a best practices review of current employee classification systems and independent contractor relationships and review the new cases and laws in which these issues continue to be addressed.

Course Agenda

  • "Misclassification" - What Is It?
  • What's New with Classification Issues?
  • Benefits of Independent Contractor Status
  • Benefits of Using Independent Contractors
  • Risks
  • Common Triggers for Misclassification Audit
  • Overview of Classification Standards
  • How Do I Know If a Worker is Properly Classified?
  • Determinations/Rulings
  • Overview of IRS Criteria
  • Rulings/Risks/Pitfalls
  • IRS - Section 530 Relief (Safe Harbor)
  • Independent Contractor vs. Employee Factors

Course Credit per State


AK - Voluntary: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CO - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
MO - Self Study: 1.0 Credits
MT - Self Study: 1.0 Credits
ND - Self Study: 1.0 Credits
NH - General: 1.0 Credits
NJ - General: 1.3 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
UT - Self Study: 1.0 Credits

Course Presenter(s)

Thomas A. Lenz
Experience

Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.

Education

Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).

Memberships

Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).

Awards and Recognitions

Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.

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.

  Course Price:
$19.99
 
 

Music Copyright: the 2x6 Workshop

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Music Copyright: the 2x6 Workshop Details


Price:
$29.99

Course Description

San Francisco Bay Area based Entertainment Law attorney Mark A. Pearson of ARC Law Group discusses the fundamentals of copyright in the music industry, focusing on the foundation of "two copyrights and six royalty streams." Mark breaks down how to protect written and recorded music and provides insights into how each is monetized. Topics include an overview of U.S. Copyright Law, protection of copyright rights, how to effectively work with producers/songwriters, performing rights societies, and licensing. He also discusses streaming royalties and changes under the Music Modernization Act. This program is designed to help attorneys who may already represent artists and other industry professionals, or who may have the opportunity to do so, understand the basics of music copyright and the implications of new content-delivery technologies.

Course Agenda

  • Two Music Copyrights
  • Six Revenue Streams
  • Composition
  • Sound Recording
  • Copyright Duration
  • Copyright Registration
  • Music Copyright - 2x6
  • Music Streaming

Course Credit per State


AK - Voluntary: 2.0 Credits
AZ - General: 2.0 Credits
CA - General: 1.5 Credits
CT - General: 1.5 Credits
FL - General: 2.0 Credits
GA - Self Study: 1.5 Credits
IL - General: 1.5 Credits
IN - Distance Education: 1.7 Credits
KS - General: 2.0 Credits
ME - Self Study: 1.66 Credits
MO - Self Study: 2.0 Credits
MS - General: 1.7 Credits
NC - General: 1.5 Credits
NH - General: 2.0 Credits
NJ - General: 2.0 Credits
NV - General: 1.5 Credits
NY - General: 2.0 Credits
OH - Self Study: 1.75 Credits
OK - Distance Learning: 2.0 Credits
PA - Distance Learning: 1.5 Credits
SC - General: 1.68 Credits
TX - General: 1.75 Credits
UT - Self Study: 1.5 Credits

Course Presenter(s)

Mark A. Pearson
Mark A. Pearson is the principal counsel at ARC Law Group, a law firm focused on advising Creative, Talented and Entrepreneurial clients in the areas of business, entertainment, sports and technology law. Following his career as an award-winning television producer, Mark spent the past decade advising some of the hardest working acts in the music biz, including international touring artists Con Brio, Front Country and DJ Mark Farina, as well as, up and coming acts such as Barrio Manouche and Ellise. In addition to his work in the music industry, Mark served as production counsel for Academy Award nominee, Borrowed Time and was recently awarded the Governor's Citation Medallion for his service to the National Academy of Television Arts & Sciences (Emmy® Award). Based in the San Francisco Bay Area, but with clients in Los Angeles, Chicago, New York and Nashville, Mark also advises leading entertainment-technology disruptors like TuneGo, Caffeine and Fandor.
  Course Price:
$29.99
 
 

NLRB-Labor Law Update

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NLRB-Labor Law Update Details


Price:
$19.99

Course Description

Changes in the composition of the National Labor Relations Board have led to changes in workplace law. The scope of employees? protected activity as well as employers? rights to set policy and to manage the workforce are in flux. More change is anticipated as the NLRB looks at setting new standards for union organizing, workplace access of union representatives, use of electronic communications, and the scope of protected employee dissent. In case rulings, guidance memos, and proposed regulations, this is a time of change labor and employment law practitioners need to follow.

Course Agenda

  • The National Labor Relations Act vests employees with rights under Section 7 to engage in activities relating to unions, mutual aid and protection on wages, hours, and terms and conditions of employment, or to refrain from such activity.
  • The NLRB has two principal functions pursuant to the NLRA:
  • enforcing laws to ensure that workers may freely exercise their rights under Section 7 of the National Labor Relations Act (the Act) without any interference from employers or unions, and
  • holding secret ballot elections at which workers can choose whether to have a union represent them.

Course Credit per State


AK - Voluntary: 1.0 Credits
AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
GA - Self Study: 1.0 Credits
IL - General: 1.0 Credits
IN - Distance Education: 1.1 Credits
MO - Self Study: 1.3 Credits
MS - General: 1.1 Credits
NC - General: 1.0 Credits
NH - General: 1.0 Credits
NJ - General: 1.3 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
SC - General: 1.11 Credits
TN - General: 1.12 Credits
TX - General: 1.0 Credits
UT - Self Study: 1.0 Credits

Course Presenter(s)

Thomas A. Lenz
Experience

Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.

Education

Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).

Memberships

Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).

Awards and Recognitions

Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.

  Course Price:
$19.99
 
 

Nuts and Bolts of NLRB Practice

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Nuts and Bolts of NLRB Practice Details


Price:
$19.99

Course Description

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
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.3 Credits
    MO - Self Study: 1.2 Credits
    NY - General: 1.0 Credits
    WV - General: 1.3 Credits

    Course Presenter(s)

    Thomas A. Lenz
    Experience

    Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.

    Education

    Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).

    Memberships

    Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).

    Awards and Recognitions

    Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.

  Course Price:
$19.99
 
 

Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know About Privacy Law

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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


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
MO - Self Study: 1.2 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 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.

  Course Price:
$19.99
 
 

Sophisticated Planning for High Net Worth Individuals

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Sophisticated Planning for High Net Worth Individuals Details


Price:
$19.99

Course Description

Transactions and Asset Protection, discusses trends and developments in a number of important areas. He reviews in detail how the drafting of irrevocable trusts has changed over the last 10 years and how to best structure these instruments to allow for greater flexibility through the use of a "trust protector." He discusses how irrevocable trusts can be used to protect assets, to provide privacy for assets, to enhance tax planning and their use in offshore planning. He describes the use of LLCs and which states may be the most advantageous for LLC/trust formation. He discusses specific trust provisions, asset protection with both domestic and foreign trusts, and which types of trusts may be most useful for assets which may be expected to appreciate in value, like start-ups. Additional topics include international tax planning, structuring foreign investment in the U.S., pre-immigration tax planning, and which offshore jurisdictions may be favored.

Course Agenda

  • Structuring Irrevocable Trusts
  • Asset Protection
  • Asset Protection with Trusts
  • Asset Protection with Domestic Trusts
  • Asset Protection with Foreign Trusts
  • Foreign Trusts - Tax Treatment and Reporting
  • Defective Grantor Trusts
  • SCINs
  • GRATs
  • Income Tax Planning with DINGs
  • Monetized Installment Sale
  • Foreign Investment - FDAP and Capital Gains
  • Foreign Investment - Effectively Connected Income
  • Foreign Investment - Branch Profits Tax
  • Foreign Investment: FIRPTA
  • Foreign Investment: FIRPTA
  • Pre-Immigration Tax Planning

Course Credit per State


AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - Technology: 1.0 Credits
IL - General: 1.0 Credits
IN - Distance Education: 1.0 Credits
KY - General: 1.0 Credits
MO - Self Study: 1.0 Credits
MT - Self Study: 1.0 Credits
NH - General: 1.0 Credits
NJ - General: 1.3 Credits
NY - General: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

The Assault on Independent Contractors

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The Assault on Independent Contractors Details


Price:
$19.99

Course Description

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


CA - General: 1.0 Credits
CO - General: 1.2 Credits
FL - General: 1.0 Credits
MO - Self Study: 1.2 Credits
NY - General: 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 A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.

Education

Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).

Memberships

Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).

Awards and Recognitions

Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.

  Course Price:
$19.99
 
 

The Role of Compliance

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The Role of Compliance Details


Price:
$39.99

Course Description

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
AZ - General: 2.0 Credits
CA - General: 2.0 Credits
CO - General: 2.34 Credits
MO - Self Study: 2.34 Credits
NY - General: 2.0 Credits
WA - General: 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.

  Course Price:
$39.99
 
 

Them Spyin Eyes: Computer Security and the GDPR

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Them Spyin Eyes: Computer Security and the GDPR Details


Price:
$19.99

Course Description

The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information of individuals within the European Union (EU). California passed a similar bill called The California Consumer Privacy Act of 2018. The GDPR creates "Data Controllers" and "Data Processors" and protects "PII," or Personally Identifiable Information. This program helps attorneys understand the GDPR, protection of client data and what advice to provide businesses, particularly those with business interests in the EU. Mr. Jackman discusses the appointment and role of a Data Protection Officer, the rights of the data subject, compliance regulations, data breaches, and potential sanctions for failure of U.S. to follow the GDPR framework, as GDPR is applicable as long as the organization stores personal data of EU citizens.

Under GDPR personal data is any information relating to an individual, whether it relates to his or her private, professional or public life. It can be anything from a name, a home address, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer's IP address. With privacy rights a major legal issue, this program provides an ideal way to understand the issues and requirements in general and GDPR in particular.

Course Agenda

  • What is the GDPR?
  • Why do I care about the GDPR?
  • PII - Personally Identifiable Information
  • Data Collector vs Data Processor
  • Approach to Protection: More than one layer
  • Technical Protection: SECURITY of Data!
  • Contractual Compliance: GDPR needs it!
  • The Data Controller: the Buck Stops Here

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - Technology: 1.0 Credits
IL - General: 1.0 Credits
ME - Self Study: 1.0 Credits
MO - Self Study: 1.2 Credits
MS - General: 1.0 Credits
NC - General: 1.0 Credits
NJ - General: 1.2 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
TX - General: 1.0 Credits
UT - Self Study: 1.0 Credits

Course Presenter(s)

Russell Jackman, Esq.

Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.

  Course Price:
$19.99
 
 

Whistle-Blower Claims: Avoiding the Courthouse

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Whistle-Blower Claims: Avoiding the Courthouse Details


Price:
$19.99

Course Description

During this presentation, Fisher Phillips Partner, Jason Geller will discuss, what constitutes retaliation, protecting and defending your company against such claims, whistle-blower protection vs. retaliation claims and creating policies and procedures to minimize problems, claims and lawsuits.

Course Agenda

  • The rise in whistleblowing and retaliation lawsuits
  • Important laws protecting employees against retaliation for whistleblowing
  • Enforcement by governmental agencies
  • What is ?protected activity? and how to spot it
  • Effective responses to whistleblowing and ?protected activity?
  • Why So Much Whistleblowing?
  • Publicity: Federal and State whistleblowing claims are in the press
  • Creates liability where none existed!
  • The Legal Landscape: What We Need to Know - ?Protected Activity?
  • Wrongful Discharge in Violation of ?Public Policy?
  • Federal False Claims Act
  • National Labor Relations Act
  • State laws protecting whistleblowers
  • The ?adverse actions? that can cause problems:
  • The Legal Landscape: What We Need to Know ? ?Adverse Action?
  • Look Out! Government Agencies Are Involved
  • EEOC, OSHA, NLRB, SEC State agencies
  • SEC Whistleblowing Program
  • SEC/NLRB enforcement:
  • Defend Trade Secrets Act
  • Social media policies
  • Recent wage/hour complaint?
  • The Best Response: Solid Policies and Practices
  • Employer complaint procedures
  • The Best Response: Solid Policies and Practices
  • Employer?s investigation protocol
  • Employer?s response to protected activity
  • Conduct objective and thorough investigation required by the circumstances
  • Carefully evaluate risks of subsequent discipline to employee
  • The Best Response: Spot Retaliation ?Red-Flags? And Shut Them Down!
  • Stricter supervision
  • New performance issues
  • Higher standards or expectations
  • Supervisor complaints to others
  • Coworkers shun, tease, threaten
  • Knock, Knock: The Government Is at Your Door on A Whistleblowing Complaint
  • Gatekeeping when the auditor arrives
  • Final Questions

Course Credit per State


AZ - General: 1.0 Credits
CA - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
IN - Distance Education: 1.0 Credits
KY - General: 1.0 Credits
MO - Self Study: 1.0 Credits
MT - Self Study: 1.0 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
TN - General: 1.1 Credits
VA - General: 1.0 Credits

Course Presenter(s)

Jason A. Geller

Jason A. Geller is the Managing Partner of Fisher & Phillips' San Francisco office. Fisher & Phillips is one of the largest U.S. law firms representing management exclusively in the areas of labor, employment, civil rights, employee benefits, and immigration law. The firm has 31 offices with 300 attorneys.

Jason represents employers in all facets of employment law matters. He has considerable experience defending employers in litigation involving claims under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), the Age Discrimination in Employment Act (ADEA), the California Fair Employment and Housing Act (FEHA) and California wage and hour laws. Jason has also defended employers against whistleblowing and retaliation claims, including claims under the California Whistleblower Act, the False Claims Act and various provisions of The California Labor Code.

Jason has extensive experience defending employers in Federal and State courts, as well as in investigations by the Equal Employment Opportunity Commission (EEOC), the DFEH, United States Department of Labor (DOL) and the National Labor Relations Board (NLRB).

In addition to defending his clients in litigation, Jason frequently counsels employers to assist them in avoiding litigation. He regularly advises clients on leave management issues and the interactive process for employees with disabilities, reinstatement obligations under various leave laws and wage and hour compliance. Jason has prepared employee handbooks and a variety of agreements, including independent contractor, employment, confidentiality and trade secrets agreements.

His clients are involved in a variety of industries, including assisted living, independent living facilities, construction, manufacturing, engineering, architecture, professional services, agriculture, technology, retail and restaurant industries.

Jason was included in Northern California Super Lawyers in 2015.

Professional Activities
  • Board Member, Northern California Human Resources Association - East Bay Chapter
  • Member, Marin Human Resources Forum (1995-2000)
  • Member, Labor and Employment Section of the San Francisco Bar Association
  • Board Member & Legislative Co-chair, Employers' Advisory Council of the California Employment Development Department
  • Member, Labor and Employment Section of the State Bar of California
  • Member, Advisory Committee on Employment Law Jury Instructions of the Labor and Employment Section of the State Bar of California
  Course Price:
$19.99
 


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