Montana CLE Course Catalog

And Then There is FRAUD

Price: $19.99

This course is an examination of FRAUD and an analysis of legal trends and legislative solutions intended to bring attention to today's legal practitioners, through real-world examples, of the dangers of swatting, deep fakes, crypto-currency, and other fraud on the internet and other routine transactions, to better protect their clients and improve quality of life.

Credits:

Course Agenda:

Course Presenter(s):

• Greg Woods, J.D.

Client Confidentiality and Ethical Electronic Data Discovery

Price: $19.99

This course, "Client Confidentiality and Ethical Electronic Data Discovery," provides a comprehensive exploration of ABA Model Rule 1.6 and its implications for legal professionals handling electronically stored information (ESI). It emphasizes the duty of attorneys to protect client confidences, highlighting key ethical challenges posed by emerging technologies, data discovery, and e-discovery processes. Participants are introduced to strategies for safeguarding sensitive information, such as metadata management, secure cloud storage, encryption, and the use of ethical screening software. The course also addresses practical measures for managing confidentiality in situations involving litigation holds, third-party vendors, social media data, and privilege logs, offering actionable solutions for reducing risks. By underscoring the importance of technological competence, the curriculum equips attorneys to navigate complex legal landscapes while upholding their ethical obligations. From proactive planning to disaster recovery, this course fosters a thorough understanding of how to balance transparency with confidentiality and prevent inadvertent disclosures. Through this knowledge, attorneys can enhance their professional integrity, client trust, and compliance with ABA ethical standards in an increasingly digital legal environment.

Credits:

Course Agenda:

• Rule 1.6 Overview
• Balancing confidentiality and transparency
• Metadata disclosure
• Cloud storage practices
• Encryption standards
• Data breach notification
• Device security protocols
• Third-party vendors
• Cross-border data transfers
• Email attachments and confidentiality
• Secure file-sharing platforms
• Social media data in discovery
• Preventing inadvertent waiver of privilege
• Litigation holds and client communications
• Spoliation risks
• Remote work challenges
• Data minimization strategies
• Ethical screening software
• Collaboration tools in discovery
• Outsourcing document review
• Retrospective metadata cleanup
• Client education on data security
• Emerging technologies (AI, machine learning)
• BYOD (bring your own device) policies
• Dark web monitoring
• Phishing and social engineering
• Privilege logs in e-discovery
• Disaster recovery plans
• Whistleblower data and confidentiality
• Using analytics tools

Course Presenter(s):

• Berry Crawford

Economic Analysis in Employment Matters

Price: $19.99

Dr. Jouganatos discusses the appropriate benefits to include in loss calculations, the discount rate, wage growth rate, earnings basis, present value calculations, mitigation issues including inferior employment, and hearsay problems as well as adverse tax consequences of a lump-sum award or settlement. Methods of computing loss of benefits and pensions, are discussed, among other issues. He also discusses his approach when undertaking cases. Through this course, attorneys will have a greater understanding of the elements of economic analysis in employment matters.

Credits:

Course Agenda:

• Compensatory Damages
• Loss of earnings (all forms of compensation) past and future Benefits, including pension.
• No loss of Social Security possible
• The Calculations
• Historic Loss ('back pay')
• Present Value of Future Loss ('front pay')
• The Main Components
• Worklife
• Discount Rate
• Net discount rate
• Tax issue
• Wage growth rate
• Inflation rate
• Salary or compensation basis
• Other Issues
• Pension
• Health Benefits
• Social Security
• Unused vacation
• Mitigation of loss
• Taxes
• Punitive Damages
• Economic analysis only in assessing defendant's financial condition
• Credit Score Damage

Course Presenter(s):

• George Jouganatos

NLRB Update

Price: $19.99

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.

Credits:

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 Presenter(s):

• Thomas A. Lenz

Reducing Substance Abuse with Mindfulness for Attorneys

Price: $19.99

This course about Reducing Substance Abuse with Mindfulness for Attorneys will explore ten topics that are relevant to attorneys. First, the course will explore mindfulness meditation to reduce stress and substance abuse among U.S. attorneys. Next, the course will investigate incorporating mindfulness techniques in legal practice to combat substance dependency. The course will then explore mindful breathing exercises to alleviate substance cravings for lawyers. After this, the course will investigate ethics and responsibilities: attorneys practicing mindfulness to prevent substance abuse. Next, the material will cover mindfulness-based stress reduction for attorneys battling substance dependence. The course will then turn towards law firm culture: encouraging mindfulness to mitigate substance abuse risks. Next, the course will investigate mindfulness training for lawyers on sustainable recovery from substance abuse. The course will then explore jury trials: using mindfulness to manage anxiety and reduce substance dependency. The course will next investigate integrating mindfulness into continuing legal education for substance abuse prevention. Lastly, the material will cover attorney wellness programs: mindfulness as a tool to combat substance abuse.

Credits:

Course Agenda:

• The Scope of the Problem of Substance Abuse in the Legal Profession
• Mindfulness Meditation to Reduce Stress and Substance Abuse Among U.S. Attorneys
• Incorporating Mindfulness Techniques in Legal Practice to Combat Substance Dependency
• Mindful Breathing Exercises to Alleviate Substance Cravings for Lawyers
• Ethics and Responsibilities: Attorneys Practicing Mindfulness to Prevent Substance Abuse
• Mindfulness-Based Stress Reduction for Attorneys Battling Substance Dependence
• Law Firm Culture: Encouraging Mindfulness to Mitigate Substance Abuse Risks
• Mindfulness Training for Lawyers on Sustainable Recovery from Substance Abuse
• Jury Trials: Using Mindfulness to Manage Anxiety and Reduce Substance Dependency
• Integrating Mindfulness into Continuing Legal Education for Substance Abuse Prevention
• Attorney Wellness Programs: Mindfulness as a Tool to Combat Substance Abuse

Course Presenter(s):

• Berry Crawford

Reinvigorating the Lawsuit

Price: $19.99

Thomas Moukawsher, an experienced federal litigator and retired Connecticut complex litigation judge, shares lessons from his 40 years of trying cases in courts across the country. The lessons are based on Judge Moukawsher's 2023 book, The Common Flaw, Needless Complexity in the Courts and 50 Ways to Reduce It. The course confronts litigation flaws with practical solutions, beginning with the filing of the complaint and running through appeals court strategies and briefing.

Credits:

Course Agenda:

• The best complaints are comprehensible rather than needlessly comprehensive.
• Why summary judgment is the best pre-trial motion.
• Prepare to present your case, not needless motions in limine.
• Use trial admissions to focus the trial on the dispute, not the undisputed.
• Eliminate needless exhibits. They smother the important ones.
• Don't waste money on needless expert testimony.
• Propose a time clock.
• Make a point, not a muddle with prior testimony.
• Cross examine crisply, crushingly or not at all.
• Humanize overstuffed, bewildering jury charges and interrogatories.
• Substitute longer closing arguments for post-trial briefs.
• Make your brief writing literary, not technical.
• Choose appellate issues on quality rather than quantity.
• Rethink the billable hour.

Course Presenter(s):

• Thomas G. Moukawsher

Storytelling in the Courtroom

Price: $29.99

As a trial lawyer, what do you really need in order to win your case? Attention ? the jury's attention. I don't mean that in the narcissistic "everyone look at me" sense. When I say every trial lawyer wants more attention, what I mean is that before you can build a rapport with the jury and earn their trust, you have to fight a war ? the war for the jury's attention. "Attention" and "connection" are the key elements needed to win the minds and hearts of the jury.

Credits:

Course Agenda:

• My Story
• Left Brain/Right Brain? What's the difference?
• The Case for Storytelling
• Tips for Building Credibility with the Jury
• Lesson Learned from "8 Mile"
• Purpose of Opening
• Storytelling as the Device for Opening Statement

Course Presenter(s):

• Michael J. DeBlis III, Esq.

Storytelling in the Courtroom: Volume 1 - Part II

Price: $29.99

Like it or not, we are in the midst of an attention war. We need to confront the reality that the jury's attention can no longer be taken for granted. We have to change our way of thinking to focus on gaining attention before we can leave lasting impressions. The jury's attention must be the currency that every trial lawyer trades in. In this presentation, I will talk about how storytelling can help lawyers to cut through all of the noise and distractions of everyday life in order to connect to the jury on a human level.

Credits:

Course Agenda:

• Reducing Trial to Its Bare Bones
• Shifting Sands - How I View "My" Jury
• Opening Statement as Story
• Theory & Theme
• Organization for Opening
• Cast of Characters
• Perspective
• Two Basic Modes

Course Presenter(s):

• Michael J. DeBlis III, Esq.

Storytelling in the Courtroom: Volume 1 - Part III

Price: $29.99

Stories are told in two basic modes: (1) narrative summary and (2) scenes. Narrative summary is an overview. It?s an expository way of moving the audience along in the story. It?s very much ?telling.? Most Nineteenth Century novels begin with narrative summary. For example, ?It was the best of times, it was the worst of times.? It?s more conceptual than cinematic.

Credits:

Course Agenda:

Course Presenter(s):

• Michael J. DeBlis III, Esq.

Storytelling in the Courtroom: Volume 1 - Part IV

Price: $29.99

Kristin Linklater, one of the great voice instructors, puts it like this:?There?s a desire to speak?an impulse. It runs down the spinal column and through the central nervous system galvanizing simultaneously the breathing mechanism and the laryngeal mechanism into an activity that creates a vibration which is immediately amplified by surrounding resonating surfaces into voice. At the same time the impulse activates movements of lips and tongue that deliver words."

Credits:

Course Agenda:

Kristin Linklater
Speaking on the Breath
Effective Voice Principles for the Courtroom
The Sounding Body: Voice as Movement
The Power of Silence
Meisner on Silence
Tips: Emphasis & Impact Devices
We Have Five Senses, Not One - Don?t forget to actively engage the five senses!
How I Brainstorm a Case
Preparation Essentials for Trying a Criminal Case
Storytime
Disengaging

Course Presenter(s):

• Michael J. DeBlis III, Esq.

Use NDR and Compare Alternatives to Earn Your Clients Informed Consent

Price: $19.99

In this engaging session, led by Rob Christopher, AV Preeminent rated litigation attorney, General Counsel and entrepreneur you will learn when and how you can use an innovative approach to address limited stakes cases.

The approach, Neutral Driven (Non-adversarial) Dispute Resolution provides attorneys with an alternative to litigation, arbitration or mediation for cases in which the amount at stake is less than the potential legal costs (attorney and court fees, time and stress) to resolve it.

Based on his 35+ year career as a successful litigator, Rob uses real world examples to demonstrate the ethical reasons to consider NDR as well as the long-term value of incorporating this approach into your practice.

The program includes background on NDR and how it differs from arbitration and media. Rob then describes NDR and give a hands-on demonstration an assessment you can use to determine value of using NDR for a particular case. It concludes with clear guidelines on when and how you can use Neutral Driven Dispute Resolution for long term wins with your clients.

Rob?s entertaining style, innovative and ethical approach to addressing limited stakes (often called "dog cases") make this a must take session for all client-centric attorneys.

Credits:

Course Agenda:

• Why an innovative approach is needed for limited stakes cases
• Growing gap in American Legal System - total cost of litigation
• Assessing the total cost of litigation for your case
• The Neutral Driven Dispute Resolution Process
• How NDR delivers value to client and attorney
• When and how to access NDR to win with your clients
• Common Questions
• Action Plan and Closing

Course Presenter(s):

• Rob Christopher

Water Law: Water Rights, Droughts, and a Flood of Legal Issues Part II

Price: $19.99

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.

Credits:

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

Course Presenter(s):

• Wes Miliband