MCLEZ online continuing legal education courses are for Mississippi attorneys who want to make the most of their time and money. For as little as $19.99 per course, easily earn Mississippi CLE credit online through courses which have been produced in a variety of legal subjects that matter to you.
Try a course for free before you make your purchase with our Free CLE program. To easily fulfill all of your allowable online CLE hours, see our Mississippi Bundles page under State CLE Bundles.
Cryptocurrency: There has been much talk about the use of
cryptocurrencies, such as Bitcoin, as the hot new investment and a fast
way of making money. But it's a very complicated process and has many
pitfalls and challenges legally. This lecture will discuss the creation
and use of cryptocurrencies, along with some of the challenges of trying
to use and maintain cryptocurrencies as a financial tool and/or
investment strategy.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
This basic lecture helps attorneys understand the components and roles of the different types of technology available or present in the law office, what to look for as far as stats and performance is concern
Course Agenda
ABA Rule 1.1: Competence
What IS a computer?
What are computers made of?
What are peripherals?
Storage
OPERATING SYSTEMS
Printers & Scanners & OCR
Internet Types + Security
How to get the most out of your computer
Online Meetings
Document Formation
Other Internet uses
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits MS - General: 1.1 Credits MT - Self Study: 1.0 Credits NC - General: 1.0 Credits NY - General: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.0 Credits TN - General: 1.1 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
This lecture discusses the background and substance of the Digital Millennium Copyright Act, case law surrounding it and what the implications of the DMCA are currently, plus what it might mean for the future of the Internet and Intellectual Property.
Course Agenda
What is the DMCA?
DMCA CASES
DMCA Penalties
Is the DMCA Successful?
Conclusions
Course Credit per State
AK - Voluntary: 1.0 Credits CA - General: 1.0 Credits IL - General: 1.0 Credits MS - General: 1.0 Credits NC - General: 1.0 Credits NJ - General: 1.2 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.0 Credits TN - 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.
Pro bono legal representation is more critical now than ever with the issues that are with us in the challenges of the economy and Covid 19. This lecture discusses the ethical requirements of providing pro bono representation for under represented clients and why it makes such a big difference to the image and performance of the legal profession.
Course Agenda
Pro Bono: Definition
The need for Pro Bono
CASES
How to get involved
Conclusions
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.0 Credits MS - Ethics: 1.1 Credits NC - Professional Responsibility: 1.0 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Legal Ethics: 1.0 Credits SC - Ethics: 1.08 Credits TN - Dual: 1.08 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
The crux of the Freedom of Information Act (5 U.S.C. Sec. 552) is to make Federal agencies accountable for information disclosure policies and practices. While the Act does not grant an absolute right to examine government documents, it does establish the right to request records and to receive a response to the request. If a record cannot be released, the requester is entitled to be formally advised of the reason for the denial. The requester also has a right to appeal the denial and, if necessary, to challenge it in court. Consequently, access to information of the Federal Government can no longer be controlled by arbitrary or unreviewable actions of a hidden bureaucracy. This program introduces attorneys to FOIA and (includes a discussion of FOIA and Environmental Law)
Course Agenda
Historical Overview of the Freedom of Information Act (5 U.S.C. Sec. 552)
How to make information requests
What types of records can be obtained using FOIA
FOIA Fee Waivers
Time frames for the government to respond to a request for public records
Exemptions from disclosure
Request Strategies
Department of Justice and State and Government Websites
How FOIA can best be used to serve the interests of clients, the public and our democracy.
Course Credit per State
AZ - General: 2.0 Credits CA - General: 1.75 Credits CT - General: 2.0 Credits FL - General: 2.0 Credits GA - Self Study: 1.5 Credits IL - General: 1.75 Credits IN - Distance Education: 1.8 Credits KY - General: 1.75 Credits MO - Self Study: 2.1 Credits MS - General: 1.8 Credits NH - General: 1.75 Credits NJ - General: 2.2 Credits NY - General: 2.0 Credits OH - Self Study: 1.75 Credits OK - Distance Learning: 2.0 Credits SC - General: 1.8 Credits TX - General: 2.0 Credits UT - Self Study: 1.5 Credits
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
More than ever we are seeing current events that are drawing conflicts between the First Amendment and Social Media-- should Social Media be regulated? If so, should it be done by the company or by the government? And how much regulation is too much? These and many more questions will be investigated by this seminar.
Course Agenda
The Core of Free Speech: The First Amendment
What Is Social Media?
The Social Media Phenomenon
Social Media is more than just chatting
COMMERCIAL SPEECH CAN BE REGULATED
Is Social Media = The New Town Square?
Facebook Censorship
Twitter Censorship
Trump vs Twitter
Trump vs Twitter: Executive Order
REAL LIFE FB CENSORSHIP
Which way do we go from here?
Questions to Ponder
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits MS - General: 1.1 Credits NC - General: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.11 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.
Gambling as an Addiction - Not Worth the Gamble Details
Price:
$19.99
Course Description
Gambling has become more present and easier to do in recent years, with many new forms of gambling existing and new ones coming on the horizon. Attorneys or their friends or family who may fall victim to the addiction of gambling may be unsure of the signs or what to do to deal with the problem. This lecture talks about how attorneys can identify the professional threats to their practice that could come from a gambling addiction, the laws regarding online gambling and what resources there are available to attorneys to help alleviate the problem.
Course Agenda
Gambling
Gambling As An Addiction
What Makes Online Gambling More Dangerous?
Is the Site I am using legal?
CASES
Solutions?
Course Credit per State
AZ - General: 1.5 Credits CA - Ethics: 1.0 Credits FL - General: 1.5 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits MS - General: 1.2 Credits MT - Self Study: 1.0 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Distance Learning: 1.0 Credits TX - General: 1.25 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
This lecture discusses the role of Client Relationship Management Software) CRMS for the modern law office, strategies on how using the CRMS can be used to increase the efficiency and effectiveness of today's legal practice, which leads to a more streamlined and efficient law office. We talk about types of CRMS systems, how they work and how to integrate them into your practice.
Course Agenda
ABA Rule 1.1 Competency
What is a CRM?
THE CRM PROCESS
CRM strategies/advice
CRM Features you should be aware of
Other Factors
Basic CRM: Outlook & Google Apps
Disadvantages: Outlook & Google Apps
Other Popular Systems
ABACUS LAW
AMICUS ATTORNEY
NEEDLES
CLIO
MYCASE
Conclusions
Course Credit per State
AZ - General: 1.25 Credits CA - General: 1.25 Credits FL - General: 1.5 Credits IL - General: 1.25 Credits IN - Distance Education: 1.3 Credits MS - General: 1.3 Credits NY - General: 1.25 Credits OH - Self Study: 1.25 Credits OK - Distance Learning: 1.5 Credits TX - General: 1.25 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
The field of Intellectual property is an ever-changing area of law. This lecture will talk about the basic concepts behind IP law including Patents, Trademarks and Copyrights, what they cover and what potential limits and conflicts can be in enforcing them.
CA - General: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits MS - General: 1.2 Credits NC - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.15 Credits TN - General: 1.0 Credits 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.
In this important lecture, Russell Jackman, Esq. talks about identifying the largest drug crisis of modern times: Opioid Addiction. He talks about identifying it, the problems involved, possible solutions and his own personal experience dealing with Opioids when he was injured significantly in 2016 and in 2020.
Course Agenda
The Opioid Crisis: How Prevalent is it?
What are Opioids?
The most commonly used opioids
Common Opioid Risks
Opioid Side Effects
2016 ABA Survey
Profession drives depression
Driving Factors to use Opioids
Help Available for Attorneys
"The Other Bar" - otherbar.org
Other Bar "self test"
My Own Experience
Opioid Treatment Alternatives
Course Credit per State
AZ - General: 1.0 Credits CA - Competence Issues: 1.0 Credits IL - Mental Health - Substance Abuse : 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits MS - General: 1.1 Credits NJ - Ethics: 1.3 Credits NV - Substance Abuse: 1.0 Credits NY - General: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Distance Learning: 1.0 Credits PA - Distance Learning: 1.0 Credits SC - Substance Abuse: 1.05 Credits TN - General: 1.05 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
This course talks about the growing need for civility training and awareness regarding maintaining civility, especially with today's modern online environment. Special attention is paid to the 2Civility program by Illinois and real life examples of civility experiences with an interview of a mediation attorney, Joann Babiak.
Course Agenda
Lawyers Image
Lack of Civility = National Problem
How Prevalent is it?
Illinois Example of Civility in Practice
California Attorney Guidelines of Civility and Professionalism
Civility in the Practice of Law
Ways to Maintain Civility
Advice from Joann Babiak, mediator
SECTION 17 PRIVACY
Why is online civility different?
The Negative Results of Online Harassment
Advice
ATTORNEY?S PLEDGE
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits GA - Self Study: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits MS - General: 1.1 Credits NC - General: 1.0 Credits NJ - General: 1.3 Credits NY - General: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Distance Learning: 1.0 Credits TN - General: 1.08 Credits TX - General: 1.0 Credits UT - : 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.
Sexual Harassment, Attorneys and Social Media Details
Price:
$19.99
Course Description
Recent events show that the issue of sexual harassment in all
areas, specifically the legal field, needs to be addressed. This
discussion addresses the costs of sexual harassment, how the growth of
social media can create harmful sexual harassment situations and how
attorneys can utilize social media to help fight it.
Course Agenda
Sexual Harassment: The Numbers
The Costs of Harassment
ABA Rule 8.4 (g)
Social Media makes it easier to harass
Yik Yak: A Social Media Harassment Case Study
What can be done?
Can Social Media Help?
Course Credit per State
AK - Voluntary: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits IL - General: 1.0 Credits MS - General: 1.0 Credits NC - General: 1.0 Credits NJ - General: 1.3 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Legal Ethics: 1.0 Credits TN - General: 1.0 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits VA - 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
Sophisticated Planning for High Net Worth Individuals
Sophisticated Planning for High Net Worth Individuals Details
Price:
$19.99
Course Description
Transactions and Asset Protection, discusses trends and developments in a number of important areas. He reviews in detail how the drafting of irrevocable trusts has changed over the last 10 years and how to best structure these instruments to allow for greater flexibility through the use of a "trust protector." He discusses how irrevocable trusts can be used to protect assets, to provide privacy for assets, to enhance tax planning and their use in offshore planning. He describes the use of LLCs and which states may be the most advantageous for LLC/trust formation. He discusses specific trust provisions, asset protection with both domestic and foreign trusts, and which types of trusts may be most useful for assets which may be expected to appreciate in value, like start-ups. Additional topics include international tax planning, structuring foreign investment in the U.S., pre-immigration tax planning, and which offshore jurisdictions may be favored.
Course Agenda
Structuring Irrevocable Trusts
Asset Protection
Asset Protection with Trusts
Asset Protection with Domestic Trusts
Asset Protection with Foreign Trusts
Foreign Trusts - Tax Treatment and Reporting
Defective Grantor Trusts
SCINs
GRATs
Income Tax Planning with DINGs
Monetized Installment Sale
Foreign Investment - FDAP and Capital Gains
Foreign Investment - Effectively Connected Income
Foreign Investment - Branch Profits Tax
Foreign Investment: FIRPTA
Foreign Investment: FIRPTA
Pre-Immigration Tax Planning
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits MO - Self Study: 1.0 Credits MS - General: 1.1 Credits MT - Self Study: 1.0 Credits NH - General: 1.0 Credits NJ - General: 1.3 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits SC - General: 1.08 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
Course Price:
$19.99
Technology and Bias - Spreading it and Stopping it
Technology and Bias - Spreading it and Stopping it Details
Price:
$19.99
Course Description
This lecture deals with how technology both spreads and helps eliminate conscious and unconscious bias in the legal profession, and what can be done to continue to use technology to identify and eliminate patterns of bias while being aware of how the wrong use of technology can unfortunately help spread it.
Course Agenda
Conscious vs Unconscious Bias
UCSF Study
AI & Its role in determining bias
Using technology to fight bias
Bias for not using technology
Technology & Age Bias
Sexual Bias
Economic Bias
Cultural Bias
Solutions?
Course Credit per State
AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits FL - Technology: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits MS - General: 1.1 Credits MT - Self Study: 1.0 Credits NC - General: 1.0 Credits NY - General: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.13 Credits TN - General: 1.13 Credits TX - General: 1.25 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Whistle-Blower Claims: Avoiding the Courthouse Details
Price:
$19.99
Course Description
During this presentation, Fisher Phillips Partner, Jason Geller will discuss, what constitutes retaliation, protecting and defending your company against such claims, whistle-blower protection vs. retaliation claims and creating policies and procedures to minimize problems, claims and lawsuits.
Course Agenda
The rise in whistleblowing and retaliation lawsuits
Important laws protecting employees against retaliation for whistleblowing
Enforcement by governmental agencies
What is ?protected activity? and how to spot it
Effective responses to whistleblowing and ?protected activity?
Why So Much Whistleblowing?
Publicity: Federal and State whistleblowing claims are in the press
Creates liability where none existed!
The Legal Landscape: What We Need to Know - ?Protected Activity?
Wrongful Discharge in Violation of ?Public Policy?
Federal False Claims Act
National Labor Relations Act
State laws protecting whistleblowers
The ?adverse actions? that can cause problems:
The Legal Landscape: What We Need to Know ? ?Adverse Action?
Look Out! Government Agencies Are Involved
EEOC, OSHA, NLRB, SEC State agencies
SEC Whistleblowing Program
SEC/NLRB enforcement:
Defend Trade Secrets Act
Social media policies
Recent wage/hour complaint?
The Best Response: Solid Policies and Practices
Employer complaint procedures
The Best Response: Solid Policies and Practices
Employer?s investigation protocol
Employer?s response to protected activity
Conduct objective and thorough investigation required by the circumstances
Carefully evaluate risks of subsequent discipline to employee
The Best Response: Spot Retaliation ?Red-Flags? And Shut Them Down!
Stricter supervision
New performance issues
Higher standards or expectations
Supervisor complaints to others
Coworkers shun, tease, threaten
Knock, Knock: The Government Is at Your Door on A Whistleblowing Complaint
Gatekeeping when the auditor arrives
Final Questions
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits MO - Self Study: 1.0 Credits MS - General: 1.1 Credits MT - Self Study: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Jason A. Geller
Jason A. Geller is the Managing Partner of Fisher & Phillips' San Francisco office. Fisher & Phillips is one of the largest U.S. law firms representing management exclusively in the areas of labor, employment, civil rights, employee benefits, and immigration law. The firm has 31 offices with 300 attorneys.
Jason represents employers in all facets of employment law
matters. He has considerable experience defending employers in
litigation involving claims under the Family and Medical Leave Act
(FMLA), the California Family Rights Act (CFRA), the Age
Discrimination in Employment Act (ADEA), the California Fair
Employment and Housing Act (FEHA) and California wage and hour
laws. Jason has also defended employers against whistleblowing
and retaliation claims, including claims under the California
Whistleblower Act, the False Claims Act and various provisions of
The California Labor Code.
Jason has extensive experience defending employers in Federal and
State courts, as well as in investigations by the Equal Employment
Opportunity Commission (EEOC), the DFEH, United States
Department of Labor (DOL) and the National Labor Relations Board
(NLRB).
In addition to defending his clients in litigation, Jason frequently
counsels employers to assist them in avoiding litigation. He regularly
advises clients on leave management issues and the interactive
process for employees with disabilities, reinstatement obligations
under various leave laws and wage and hour compliance. Jason has
prepared employee handbooks and a variety of agreements,
including independent contractor, employment, confidentiality and trade secrets agreements.
His clients are involved in a variety of industries, including assisted living, independent living facilities, construction, manufacturing, engineering, architecture, professional services, agriculture,
technology, retail and restaurant industries.
Jason was included in Northern California Super Lawyers in 2015.
Professional Activities
Board Member, Northern California Human Resources Association - East Bay Chapter
Member, Marin Human Resources Forum (1995-2000)
Member, Labor and Employment Section of the San Francisco Bar Association
Board Member & Legislative Co-chair, Employers' Advisory Council of the California Employment Development Department
Member, Labor and Employment Section of the State Bar of California
Member, Advisory Committee on Employment Law Jury Instructions of the Labor and Employment Section of the State Bar of California
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