Montana CLE and MCLE Courses

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.

Conflicts of Interest in the Practice of Law: Causes and Cures Details

Price:
$19.99

Course Description

In this one hour program, Richard E. Flamm, the author of the new treatise "Conflicts of Interest in the Practice of Law: Causes and Cures" will discuss what the term "conflicts of interest" means, the various ways in which conflicts can arise for counsel, the disciplinary and other than disciplinary consequences of engaging in conflicted representation, and how conflicts can sometimes be avoided or "cured." Mr. Flamm will briefly touch upon some of the most important conflict of interest rules.

Course Agenda

My Background

• Who I am
• How I got into this business
• Books\Teaching\Consulting

What is a Conflict of Interest?

• Dates to Book of Matthew
• 17th Century Application to lawyers
• No Ethical Rules existed to define
• Case law definitions (John Marshall)
• Restatement definition
• My definition (what the applicable ethical rules say)
(we will get to what the rules say a conflict is, before doing so I want to discuss:)

Possible Consequences of Conflicts Representation

• Discipline (types of possible discipline)
• Admonition
• Suspension
• Disbarment
• No discipline (some jurisdictions, including California)

The Rules Suggest that discipline is the only possible consequence of a rule violation:

CRPC Rule 1-100: ?The following rules are intended to regulate professional conduct of members of the State Bar through discipline?These rules are not intended to create new civil causes of action. Nothing in these rules shall be deemed to create, augment, diminish, or eliminate any substantive legal duty of lawyers or the non- disciplinary consequences of violating such a duty.?

ABA Model Rules used to say essentially the same thing. Now Scope Note 20 reads: ?Violation of a Rule should not itself give rise to a cause of action against a lawyer nor should it create any presumption in such a case that a legal duty has been breached. In addition, violation of a Rule does not necessarily warrant any other nondisciplinary remedy, such as disqualification of a lawyer in pending litigation. The Rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies.?

But most of the consequences of conflicted representation are other than disciplinary

Decision to Refrain from Handling Representation

Challenges to Representation

• Disqualification Motions
• Injunction Actions
• Opposition to Applications for Employment (Pro hac vice)
• Actions for Malpractice/Breach of Fiduciary Duty
• Disgorgement Actions
• (Aside: Qualification Motions)

Possible Consequences for Innocent Clients

• Loss of counsel/Loss of money/Delay
• Loss of work product (turnover)
• Prejudice to their case

Kinds of Conflicts

• Conflicts involving current clients
• Joint/Dual/Multiple Representation Conflicts
• Unrelated Matter Conflicts

Model Rule 1.7(a): ?Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.?

Conflicts involving Former Clients

• The Former Client Conflict Rule Generally

Model Rule 1.9(a): ?A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.?

• The Substantial Relationship Test
• Development (pre ethics rules)
• Poorly defined
• Different Approaches

Personal Interest Conflicts

• Pecuniary Interest Conflicts
• Example: Business Transactions Rule

Rule 1.8(a) ?A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: (1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client?(2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and (3) the client gives informed consent??

Relationship Conflicts

• Familial Relationships
• Sexual Relationships

Model Rule 1.8(j): ?A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced.?

Other types of Conflicts

• Advocate-Witness Conflicts
• Issue Conflicts
• ?Finite Pie? Conflicts
• Prospective Client Conflicts

Model Rule 1.18? ?(a) A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. (b) Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client. c) A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter??

Imputed Conflicts (most important)/Imputed Disqualification Rule

Model Rule 1.10(a): with certain exceptions ?(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9??

Avoiding Conflicts

Declining to Take on Conflicted Representation

Before you can decline, need to detect: Conflicts checks

Other Means for Avoiding Conflicts

• e.g., client?s consent not to name a party/include a cause of action

Curing Conflicts

Consent

• Why consent is a cure

Model Rule 1.7 (b) ?Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing.?

• The need for informed consent
• ?Waiver Letters?
• Requirements in addition to informed consent
• Non-consentable conflicts

Screening (10 minutes)

History of Screening Defense

Evolution of ABA View of Screening (2009)

Remember what model rule 1.10(a) says? But a law firm can act adversely to the interests of a party even though a lawyer at the firm could not if: [Model Rule 1.10(a)(2)]: ?the prohibition is based upon Rule 1.9(a) or (b) and arises out of the disqualified lawyer?s association with a prior firm, and (i) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom??

• The permissibility of screening
• The California rule (courts never rushed to adopt screening)
• Timely and Effective Screening
• Types of Screens:
• Chinese Wall
• Cone of Silence (get smart!)

Course Credit per State

AK - Ethics: 1.0 Credits
AZ - Ethics: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
MT - Ethics: 1.0 Credits
NY - Ethics: 1.0 Credits
WV - Ethics: 1.3 Credits

Course Presenter(s)

Richard Flamm

Richard E. Flamm, a 1981 Rutgers Law School graduate, is a nationally-recognized expert in the field of legal ethics. A litigator for more than 20 years, since 1995 Mr. Flamm has concentrated on his Berkeley California-based law and consulting practice. In his practice, Mr. Flamm provides representation, advice and expert witness testimony with respect to legal and judicial ethics, legal malpractice, and breach of fiduciary duty matters -- with an emphasis on legal, judicial, and quasi-judicial disqualification motions and appeals.

In his capacity as an expert witness, Mr. Flamm has testified, either in court or by way of affidavit, in dozens of cases involving matters of legal and/or judicial ethics. Mr. Flamm's extensive client list includes many of the nation's leading corporations and law firms.

Mr. Flamm is the author of two highly-acclaimed treatises: Lawyer Disqualification: Conflicts of Interest and Other Bases, and Judicial Disqualification: Recusal and Disqualification of Judges, which has been widely relied on by state and federal courts throughout the country. Both works are published by Banks and Jordan Law Publishing: www.banksandjordan.com. He has also authored numerous scholarly articles on conflicts of interests, disqualification and related subjects for law reviews and other publications.

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.

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.

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.

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.

The Reduction of Bias in the Legal Profession Details

Price:
$19.99

Course Description

Attorney Steven A. Nielsen offers a fresh look at bias in the legal profession. Does a mere study and rote following of state bar rules address the larger issues? Mr. Nielsen notes that, in general, the reasons for our bias problems have been a taboo subject. He offers a candid assessment of the nature of bias and discrimination and how they have evolved in society and throughout history. He poses the question: is it realistic to expect a complete ?Elimination? of bias in the legal profession, or does it make more sense to understand the forces at work in human nature and to implement common sense steps to ?Reduce? bias and discrimination in the law office environment.

Course Agenda

• WHAT IS DISCRIMINATION?
• DO WE LEARN HATE?
• ADVANTAGES OF BEING IN A GROUP
• GROUP STUDY DATA AND EXPERIMENTS
• IS GROUP THEORY SUPPORTED BY CURRENT EVENTS?
• GROUPS OR TRAITS TO CONSIDER IN THE REDUCTION OF BIAS IN THE LEGAL PROFESSION
• THE PROTECTED CLASSES ARE JUST A START

Course Credit per State

AK - Ethics: 1.0 Credits
CA - Elimination of Bias: 1.0 Credits
CO - Ethics: 1.2 Credits
FL - Ethics: 1.0 Credits
MT - Ethics: 1.0 Credits
NY - Ethics: 1.0 Credits
WV - Ethics: 1.0 Credits

Course Presenter(s)

Steven A Nielsen

Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science. He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.

What Every Lawyer Should Know About Cyber Security Details

Price:
$19.99

Course Description

This informative presentation will cover current cyber security risks that affect today's attorneys, their firms, and clients. Deborah Gonzalez will begin by covering the basics of online security before delving deeper into the major cyber threats awaiting attorneys and their firms in a new and fast changing digital world. She will discuss critical issues, such as the importance of cyber security awareness, so that attorneys will have a better understanding of cyber vulnerabilities, as well as what security measures they can take to minimize risk and provide a reasonable level of security. Deborah will also cover issues such as ethical obligations, which may be compromised by a lack of understanding or preparation when it comes to protecting sensitive, confidential information.

Course Agenda

Setting the Context

• How many lawyers out there log into secure accounts while using the free Wi-Fi at a local coffee shop?
• How many click on links in emails that say "Is this really a picture of you?!!"
• How many use an easy-to-guess password?
• How many don't bother to log out of their office computer while they go to lunch?
• How many leave it open overnight?
• How many use the same easy-to-guess password for all their online accounts?

New world full of digital threats:

• Breaches, Hacks, Social Engineering
Online risks:
• Reputational, Operational, Legal
Consequences:
• Financial, Compliance Penalties, Loss of Trust

What are you protecting?

• Case and/or litigation strategy information
• Confidential client business information
• Attorney-client privileged communications and other legally privileged information
• Client intellectual property
• A range of personally identifiable information (PII) of all kinds for employees, clients and third parties and
• Financial information, i.e. payment card information

Who creates the risk?

• You
• Your partners
• Other attorneys/associates in your firm
• Opposing Counsel
• Interns/Clerks (Students)
• Paralegals
• Other Staff in your firm
• Clients
• Thieves
• Hackers
• Crackers
• Cyberterrorists
• Cyber Smearers
• Competitors
• Industrial Spies
• Foreign Governments
• Our Government - NSA
• Politicians
• Unknown Entities

I'm too Small Defense

• "Size" is not the answer.
• This is an issue for big firms, mid-size firms, small firms and solo practitioners.
• It is not about us - it is about our clients - and all size firms have all size clients.
• According to a study conducted by Symantec, whenever your laptop, USB thumb drive, or smart phone's data is
breached (i.e., your client's data), it costs on average $136 for each record that is stolen or $5.4 million per incident.
• http://www.irisds.com/why-your-law-firms-data-may-not-be-as-secure-as-you-think/, 2014.

Why do these happen?

• On Your Side:
• Not being prepared.
• Assuming everyone knows how to secure their devices/data.
• Assuming your IT department has taken care of it.
• Not being aware of potential risks. For example: Free Wi-Fi.
• On Their Side:
• Financial Gain
• Disclosure/Revelation
• Curiosity/Thrill Seeking
• Espionage/Competition/Gain Trade Secrets
• Revenge
• Disruption
• Extortion
• Publicity
• Malice

What can you do?

• First, understand that your duty is for reasonable security, not absolute security. No one can guarantee
that.
• Second, learn and be aware of what can happen and what you can do to prevent and protect as much as possible.
• Know your data
• Know your organization
• Know your people
• Know your providers
• Know the law
• Manage your risks
• Have strong policies and procedures to govern data collection, access, storage, etc.
• Install effective antivirus/SPAM protection
• Encryption
• Have an incident response procedure
• Backup your systems regularly
• Review your confidentiality policy
• Train your staff
• Cyber Security Awareness
• Passwords, Two-Factor Authentication; biometrics
• Phishing Scams, etc.
• Use of External Flash Drives
• Review your cloud storage provider agreement and the provider's security controls
• ISO 27018- Data Protection Standards for the Cloud

Who is a Cloud Provider?

Considerations for Cloud Providers

What can you do?

Audits/Assessments:

• Risk Identification
• Risk Assessment/Analysis
• Risk Mitigation
• Risk Response Plan
• Risk Management

Understanding Cyber Vulnerabilities

• Phishing Emails
• Social Engineering
• Masquerading
• Phantom Wi-Fi or Evil Twin Networks
• Water-Hole Attacks
• App Malware

Protection

• Insurance Types
• E&O
• Cyber liability
• Network security Liability
• Insurance Coverage
• Liability
• Remediation
• Fines and/or penalties

Ethical Obligations

• ABA Model Rule 1.1 Duty of Competency
• It includes competency in selecting and using technology.

ABA Model Rule 1.4 Duty Governing Communications

ABA Model Rule 1.6 Duty of Confidentiality

ABA Model Rule 5.1 Responsibilities of a Partner or Supervising Lawyer

ABA Model Rule 5.3 Responsibilities Regarding Non-lawyer Assistant

Special Considerations for Corporate Counsel

10 Point Agenda by Hogan Lovells (2012 - but still very relevant)

Fulfill Fiduciary Duty of Board and Management

Address Disclosure Obligations and Appropriate Communications

Guide Participation in Public-Private Partnerships and Law Enforcement Interactions

Achieve Regulatory Compliance

Provide Counsel to Cyber-security Program

Prepare to Handle Incidents and Crisis

Manage Cyber-security Related Transactional Risk

Effectively Use Insurance

Monitor and Strategically Engage in Public Policy

Discharge Professional Duty of Care

Course Credit per State


AK - Voluntary: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CO - General: 1.3 Credits
MT - Self Study: 1.0 Credits
NY - General: 1.0 Credits
WV - General: 1.3 Credits

Course Presenter(s)

Deborah Gonzalez

Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.

Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.

Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.

Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.

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