Continuing Legal Education Online Courses with MCLEZ are for Montana attorneys who want to make the most of their time and money. Easily earn Montana Online CLE credit through courses which have been produced in a variety of legal subjects that matter to you.
MCLEZ provides online continuing legal education courses that are applicable toward the Montana MCLE requirement based on the reciprocity rule of the Montana Board of CLE. For more information about this rule, please visit the Montana Board of CLE Website, or call (406) 442-7660.
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.
Course Agenda
What is crypto currency?
Defining Bitcoin
Advantages and Disadvantages of Cryptocurrency
The Real Cost of Mining Bitcoin
CASES
Top 5 Crypto Currency Failures
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 MT - Self Study: 1.0 Credits NH - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits SC - General: 1.06 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 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
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.
FOIA: Freedom of Information Act - 2021 Update Details
Price:
$29.99
Course Description
Presentation Goals: To help attorneys - in all fields of practice - learn how to more successfully navigate the FOIA process to better support their clients
Course Agenda
The phases/steps of the FOIA process
Background and Purpose of FOIA
Practical tips to increase the success of a FOIA request
Provide practical tips for the administrative appeal and judicial review phases
Increase the likelihood of a reasonable attorneys? fees shift award
Course Credit per State
AL - On-Demand: 2.0 Credits AZ - General: 2.0 Credits CA - General: 2.0 Credits FL - General: 2.5 Credits GA - Self Study: 2.0 Credits IL - General: 2.0 Credits KY - General: 2.0 Credits MT - Self Study: 2.0 Credits NC - General: 2.0 Credits ND - Self Study: 2.0 Credits NH - General: 2.0 Credits NJ - General: 2.5 Credits NY - General: 2.0 Credits PA - Distance Learning: 2.0 Credits TX - 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
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.
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.
One of the most important copyright and fair use cases of our time has been Google LLC v.
Oracle America, Inc. This case has worked its way through many levels of courts while
examining two key concepts: Are Application Programming Interfaces copyrightable and if they
are, is copying them fair use? This course looks at these two concepts in detail and provides
arguments from Oracle's and Google's advocates on both key topics.
Course Agenda
Background and Technical Context
Two important issues
Arguments that APIs are copyrightable
Arguments that APIs are not copyrightable
Fair Use Doctrine
Arguments that Android using the API was fair use
Arguments that Android using the API was not fair use
Michael W. Carroll is a Professor of Law and Director of the Program on Information Justice and Intellectual Property at American University's Washington College of Law.[1][2] Carroll is one of the founding Board Members of Creative Commons, a not-for-profit organization devoted to expanding the range of creative work available for others to legally build upon and share.[1] He also is a member of the Board of Directors of the Public Library of Science PLOS and served on the National Academy of Sciences' Board on Research Data and Information from 2008 to 2013.
In this course we will look at the effective strategies in writing a mediation brief. A mediation brief is an underappreciated tool in setting the right tone in a mediation that balances a forceful legal argument and a stance of conciliation. A mediation brief is also an important opportunity to educate the mediator that increased the change of both sides reaching an agreement.
Course Agenda
Introduction
Share or not to share
Why share
Avoid repurposed legal documents
Summarize facts efficiently
Cite case law appropriately
Set the proper tone
Look to persuade not to put off
Imagining and addressing what the other side needs
Don?t overlook mediation history
What happens prior to mediation?
Address obstacles to settlement
Propose workable creative solutions
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 IN - Distance Education: 1.0 Credits MO - Self Study: 1.0 Credits MT - Self Study: 1.0 Credits NH - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits OK - Distance Learning: 1.0 Credits TN - General: 1.02 Credits TX - General: 1.0 Credits VA - General: 1.0 Credits
Course Presenter(s)
Bruce Edwards
Bruce Edwards was one of the pioneers in developing mediation as a tool for resolving commercial disputes in the United States. A professional mediator since 1985, he has mediated over 8,000 disputes throughout the United States, focusing on large, complex disputes often involving high emotions. He has played a central role in establishing the largest and most successful dispute resolution company in the country, JAMS, where he served as Chairman of the Board while supporting the career development of hundreds of commercial mediators.
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 CA - General: 1.5 Credits CT - General: 1.5 Credits FL - General: 2.0 Credits IL - General: 1.5 Credits ME - Self Study: 1.66 Credits MO - Self Study: 2.0 Credits MT - Self Study: 1.5 Credits NY - General: 2.0 Credits SC - General: 1.68 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.
Labor law is currently in the news. High profile campaigns and issues involving many businesses we frequent are in the public eye. Because labor law has a broader scope and greater impact than many practitioners may realize, this program will address recent developments at the National Labor Relations Board on a variety of issues. The focus will be on several areas, including case rulings, expanding remedies for unlawful conduct, hot topic issues, as well as potential change to come through legislation, policy, and regulations. Even if you do not regularly practice before the National Labor Relations Board, this program provides insight on issues on NLRB's agenda which touch upon areas practitioners may have considered to be exclusively regulated by state or federal employment law.
Course Agenda
Areas of Development
Case rulings
Remedies
Regulations
Legislation
Cases
American Steel (372 NLRB No. 23)
ArrMaz Products (372 NLRB No. 12)
Bexar Performing Arts Center (372 NLRB No. 28)
Grill Concepts (372 NLRB No. 30)
McLaren Macomb (372 NLRB No. 58)
RAV Truck (372 NLRB No. 25)
Sunbelt Rentals (372 NLRB No. 24)
T-Mobile (371 NLRB No. 163)
Tesla (371 NLRB No. 131)
Thryv, Inc. (372 NLRB No. 22)
Troutbrook Company (372 NLRB No. 26)
Valley Hospital (371 NLRB No. 160)
AFL-CIO v. NLRB
NLRB v. Aakash
Pending Cases of Interest
Stericycle - NLRB Case 4-CA-137660 on employee handbooks and workplace rules
The Atlanta Opera - NLRB Case 10-RC-276292 on employee versus independent contractor status
Amazon.com Services LLC - NLRB Case 29- CA-292392 on employer holding mandatory "captive audience" meetings
Black Lives Matter cases
Starbucks and injunction
Amazon elections and charges
And more
Remedies
Regulations
Legislation
Policy Efforts
Landscape and Conclusion
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 IN - Distance Education: 1.0 Credits MO - Self Study: 1.0 Credits MT - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits OK - Distance Learning: 1.0 Credits TN - General: 1.0 Credits TX - General: 1.0 Credits VA - General: 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.
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 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 MT - Self Study: 1.0 Credits NY - General: 1.0 Credits SC - General: 1.11 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
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.
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
AL - On-Demand: 1.0 Credits 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 KY - General: 1.0 Credits MT - Self Study: 1.0 Credits NJ - Diversity Inclusion Elimination of Bias: 1.4 Credits NY - Diversity and Inclusion: 1.0 Credits PA - Distance Learning: 1.0 Credits SC - General: 1.13 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
Water Law: Water Rights, Droughts, and a Flood of Legal Issues Part II
Water Law: Water Rights, Droughts, and a Flood of Legal Issues Part II Details
Price:
$19.99
Course Description
After recent years in which records have been set for both rain and lack of precipitation, Environmental and Water Law expert Wes Miliband discusses issues which arise when both drought and climate change create conditions over which populations have little control. To help attorneys proactively recognize and address these issues so as to prevent both legal disputes and damage to people and property in the future, Mr. Miliband raises awareness of how, and where, such disputes may arise. He addresses the basic system of water rights, tribal, military and Federal rights, key cases, how local, state and federal water agencies work and long term creative solutions for an uncertain future, such as ocean winds, desalination and other sustainable techniques.
Course Agenda
Overview and Refresh from Part 1 (October 2021)
Describe the key drivers behind California?s water system;
Identify federal, state, and local agencies and their respective roles and
responsibilities; and
Provide an overview of the State?s water rights and water conveyance systems.
Environmental laws affecting water supply allocation. Recent droughts, storm cycles and
other current events impacting water supplies in California
Wes Miliband is a partner with Atkinson, Andelson, Loya, Ruud and Romo, AALRR, a full-service law firm with over 200 attorneys in nine offices throughout California.
AALRR represents both private and public sector clients, with emphasis in the areas of employment, labor, construction, education, real estate, water, general business and business litigation, corporate and taxation.
Mr. Miliband works out of the firm?s Sacramento and San Diego offices. He is an environmental lawyer focused on water resources and environmental issues throughout California involving surface water, groundwater and fisheries issues. Mr. Miliband represents public and private agencies, individuals as well as a federally-recognized Indian tribe.
Mr. Miliband started his legal career as a Deputy District Attorney in Orange County, where he prosecuted twenty jury trials and several more before the court. Prior to law school, Wes was on staff for a Member of Congress.
He frequently speaks and publishes articles throughout California. More information about Mr. Miliband is available on the Firm?s website, www.aalrr.com.
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 FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.0 Credits MT - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits TX - General: 1.0 Credits
Course Presenter(s)
Jason A. Geller
Jason A. Geller is the Managing Partner of Fisher & Phillips' San Francisco office. Fisher & Phillips is one of the largest U.S. law firms representing management exclusively in the areas of labor, employment, civil rights, employee benefits, and immigration law. The firm has 31 offices with 300 attorneys.
Jason represents employers in all facets of employment law
matters. He has considerable experience defending employers in
litigation involving claims under the Family and Medical Leave Act
(FMLA), the California Family Rights Act (CFRA), the Age
Discrimination in Employment Act (ADEA), the California Fair
Employment and Housing Act (FEHA) and California wage and hour
laws. Jason has also defended employers against whistleblowing
and retaliation claims, including claims under the California
Whistleblower Act, the False Claims Act and various provisions of
The California Labor Code.
Jason has extensive experience defending employers in Federal and
State courts, as well as in investigations by the Equal Employment
Opportunity Commission (EEOC), the DFEH, United States
Department of Labor (DOL) and the National Labor Relations Board
(NLRB).
In addition to defending his clients in litigation, Jason frequently
counsels employers to assist them in avoiding litigation. He regularly
advises clients on leave management issues and the interactive
process for employees with disabilities, reinstatement obligations
under various leave laws and wage and hour compliance. Jason has
prepared employee handbooks and a variety of agreements,
including independent contractor, employment, confidentiality and trade secrets agreements.
His clients are involved in a variety of industries, including assisted living, independent living facilities, construction, manufacturing, engineering, architecture, professional services, agriculture,
technology, retail and restaurant industries.
Jason was included in Northern California Super Lawyers in 2015.
Professional Activities
Board Member, Northern California Human Resources Association - East Bay Chapter
Member, Marin Human Resources Forum (1995-2000)
Member, Labor and Employment Section of the San Francisco Bar Association
Board Member & Legislative Co-chair, Employers' Advisory Council of the California Employment Development Department
Member, Labor and Employment Section of the State Bar of California
Member, Advisory Committee on Employment Law Jury Instructions of the Labor and Employment Section of the State Bar of California
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