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.
This course will discuss the Bankruptcy Trustee's avoidance powers. Avoidance powers are the rights given to the bankruptcy trustee or the debtor in possession to recover certain transfers of property such as preferences or fraudulent transfers or to void liens created before the commencement of a bankruptcy case. The laws governing these avoidance powers are complex and are codified in chapter 5 of the Bankruptcy Code
.
Attorney Doug Cortés will first provide an overview of the Bankruptcy code. He will then discuss how Trustee's avoidance powers come into play. The course will explain what constitutes valid preferential transfers and what are considered fraudulent transfers. Mr. Cortés will explain in detail the key statutory defense against these avoidance powers. These defenses include a contemporaneous exchange for new value, determining intent, determining if the payments were made according to the ordinary business affairs of the parties, and establishing new value factors.
Course Agenda
Presenter Overview
What Do Creditors Want From A Debtor In Default?
Purposes Of Bankruptcy Rush To The Courthouse
The Bankruptcy Code - 11 U.S.C.
Bankruptcy Rules
Adversary Proceedings
Rules Governing Avoidance Actions
Avoidance Powers
Types Of Transactions That May Be Avoided
Preferential Transfers
Purposes Of Preference
Avoidance Powers Under §547
Elements Of Preference Avoidance
Burdens Of Proof
What Is A Transfer?
Time Of Transfer Antecedent Debt
Presumption Of Insolvency
Key Statutory Defenses
Contemporaneous Exchange For New Value
Proving The Defense
Determining Intent
New Value
Definition Of New Value
Ordinary Course Of Business
Important Fraudulent Transfer Terms And Concepts
Badges Of Fraud
List Of Badges Of Fraud
Insolvency Not Required For Actual Intent
Constructive Fraud
State Law And Ufta Under Section 544
Other Possible Longer Reach Back Period
Some Statutory Defenses To Fraudulent Transfers
Section 548(C): Value And Good Faith Value Good Faith
Section 550(B)
Section 550(B) Provides Complete Defense
Defenses To Claims Brought Pursuant To Section 544
Another Possibility: Fiduciary Duty Claims
The Reference
Withdrawal Of The Reference
Stern V. Marshal
Important Statutes & Opinions Related To ?The Reference?
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.22 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.22 Credits
Course Presenter(s)
Doug Cortés
Mr. Doug Cortés received his J.D. from Southern Methodist University (2003) and B.S. from the University of the State of New York (1994). He was an extern and law clerk to the Hon. D. Michael Lynn, U.S. Bankruptcy Judge, N.D.Tex. (2002-04). Doug is a member of the American Bar Association, the American Bankruptcy Institute, and is admitted to practice in the State of Texas and the U.S. Northern and Eastern Districts of Texas. He currently manages his own firm and has served as bankruptcy counsel to Trustees, debtors, secured and unsecured creditors, and creditors? committee. He has also served as a bankruptcy examiner and mediator.
Best Practices for Clear Contract Drafting Details
Price:
$19.99
Course Description
Contracts are essential elements for building business relationships. For business to get done, parties to a transaction need to agree on certain essential terms that govern their business relationship. Contracts are the way parties to an agreement define those terms and make promises enforceable under the law. When the stakes are high there can be a tendency to get too technical and too verbose. This can often introduce more mistakes rather than prevent them. Ambiguity in contracts will often lead to conflict and ultimately litigation.
This course discusses how to avoid ambiguity by following best practices for clear contract drafting. Ms. Carolyn Seymour discusses how to achieve brevity and clarity in order to make the contract as end-user friendly as possible and remove uncertainty in the document. Ms. Seymour will address best practices to avoid legalese, how to recognize and correct linguistic ambiguity and provide proper techniques to draft dates and numbers in contracts. The course will also examine the pitfalls of passive voice in contract drafting and how to achieve simplicity in drafting through good organization, eliminating wordiness, and the use of lists.
Carolyn Seymour practiced law for almost 20 years before coming to the law school to teach legal writing in 2004. Professor Seymour began her legal career at Squire, Sanders & Dempsey L.L.P., where she was an associate for five years before joining Duvin, Cahn & Hutton in 1990. As an employment litigator, she specialized in sexual harassment and disability discrimination issues. In 1995, she became in-house counsel for BFGoodrich-Aerospace, another position she held for five years before returning to Duvin as a partner in 2000. She received her B.A. (1982) from Colgate and her J.D. (1985) from University of Michigan.
This presentation will cover some of the major issues with current BYOT (Bring Your Own Technology) policies, which are rapidly gaining ground in today?s law offices. Russell Jackman will begin by discussing some of the main benefits to law firms, that allowing employees to bring their own tech will provide, as well as some of the challenges involved. He will then go into detail about what should be included in a BYOT policy, such as what precautions should be taken, as well as some of the compromises that may need to be made in order to ensure that there is a balance between convenience and security. Mr. Jackman will conclude this session by explaining how to effectively implement a BYOT program.
Course Agenda
Why Bring Your Own Tech?
Lower IT Costs
Less training needed
Employee familiarity
Employees already own this tech
Upgrades are usually left to the employee
Overall convenience of 24/7 access without needing multiple devices
What Are The Challenges?
Security
Control
Privacy
Inventory of Data
Convenience?
Where should you start?
BYOT Inventory
Who is brining what to access company servers?
What sort of access do they need?
What is the status of these devices (what levels of OS/Security?)
Antivirus Status/Firewalls
Many smart phones have no protection at all
Many iPad?s without passwords or password resets
Key fob/password change on timer
No Localization Of Data
Clear Policy
Avoid personal email use/attachments
Social media(?)
Device can?t be shared with friends and family
Web Portals/VPNs
Usually the best way to control data access
Expensive to maintain in the past
VIRTUAL PRIVATE SERVERS (as little as $40/month)
Cloud Data Servers
Major Issues Facing Use of BYOT
Connection issues
Multiple OS?s
Implementing a BYOT program
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.16 Credits MO - Self Study: 1.16 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits WV - General: 1.16 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Most attorneys and law offices are aware of the electronic threats that face them, their information and their clients? information. However, most attorneys, and their staffs, are unsure of what to do about these threats and risks. This program provides an understanding of the sources of these threats, how they work, and what can be done in the event that security is, indeed, breached. Most importantly, this presentation provides concrete steps on how to implement an effective, proactive plan on how to prevent and avoid these security problems.
Course Agenda
Virus types
How viruses work
The relationship between virus protection and firewalls
Virus Protection
Secure Email
Workstation Security
Firewalls
Internet & Email Security Policies
What is the risk?
Security threat sources
What to look for in your security system
What to do if you encounter a security problem
Formulating a plan for a secure system
Future challenges to computer security for law offices
Course Credit per State
AK - Voluntary: 2.0 Credits AL - On-Demand: 2.0 Credits AZ - General: 2.0 Credits CA - General: 2.0 Credits CO - General: 2.5 Credits FL - Technology: 2.5 Credits IL - General: 2.0 Credits MO - Self Study: 2.48 Credits MT - Self Study: 2.0 Credits ND - Self Study: 2.0 Credits NY - General: 2.0 Credits PA - Distance Learning: 2.0 Credits TN - General: 2.07 Credits VT - Self Study: 2.0 Credits WA - General: 2.0 Credits WV - General: 2.48 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:
$34.99
Conflicts of Interest in the Practice of Law: Causes and Cures
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??
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 CO - Ethics: 1.3 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits MS - Ethics: 1.1 Credits MT - Ethics: 1.0 Credits ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits TN - Dual: 1.08 Credits WA - 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.
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 FL - Technology: 1.5 Credits IL - General: 1.0 Credits MO - Self Study: 1.4 Credits MS - General: 1.2 Credits MT - Self Study: 1.25 Credits ND - Self Study: 1.25 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits WA - General: 1.25 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.
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 CO - General: 1.0 Credits CT - General: 1.0 Credits FL - 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 NY - General: 1.0 Credits VA - General: 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.
As the world changes, so does the law, daily in fact. Every single day there are new trends, technologies, and laws that impact how we do business. The world of social media has created a wealth of opportunities for those who counsel large and small business and entrepreneurs who play in the social media sandbox. What keeps them up at night? In this program, we will explore some of the hot topics in the world of social media.
Course Agenda
New Copyright and Trademark Cases
Terms of Use (Privacy)
Cases involving Facebook, Terms of Use, Twitter and Instagram
YouTube and the DMCA
What Is Social Media
ABA?s 20/20 Commission
FTC.Gov Online Advertising Disclosure
New Developments, Issues and Cases: Can a lawyer use clients? name in a blog? The ?Thumbs Up? symbol: (TiVo vs. Facebook): Kirstaeng v. John Wiley Publishers, U.S. S. Ct. case on the First-Sale Doctrine. Twitter cases: Kim Kardashian, Courtney Love, (sued for their tweets).
TERMS OF USE: What You Need to Know: Comparison of TOU in various websites (Facebook, LinkedIn, Pinterest), Best Practice to dispute TOU, Modification, Ownership of Data, Review of YOU cases, Arbitration clauses.
Ethics, Social Media and Lawyers: Potential Ethical Land Mines for Lawyers: Fee-Sharing with non-lawyers, e.g., Groupon, Rule 5.4, Professional Independence, Unauthorized Practice of Law (Review of various states and comparison with ABA Rules).Inadvertent Disclosure of Client Confidences, Inadvertent Formation of Client Relationship, ABA Formal Opinion 10-457, AVVO, Dislcaimers, Conflicts of Interest.
Lawyer Websites: Attorney Advertisement: Three Areas for Concern: Solicitation, False and Misleading Content and Testimonials. California RPC 1-400c, Ohio, Oregon, Missouri, Colorado restrictions on testimonials.
Q&A: Communication with Represented Party, AVVO and reputation management issues, Attorney supervision of employees.
Course Credit per State
AK - Voluntary: 2.0 Credits AL - On-Demand: 2.0 Credits AZ - General: 2.0 Credits CA - General: 2.0 Credits CO - General: 2.4 Credits FL - General: 2.5 Credits MO - Self Study: 2.42 Credits MT - Self Study: 2.0 Credits ND - Self Study: 2.0 Credits NY - General: 2.0 Credits TN - General: 2.02 Credits VT - Self Study: 2.0 Credits WA - General: 2.0 Credits WV - General: 2.42 Credits
Course Presenter(s)
Francine Denise Ward
A 1989 graduate of Georgetown University Law Center, Francine Denise Ward earned her undergraduate degree in 1986 from the City University of New York---Hunter College. Admitted to practice in both California and New York, her IP focus is on copyrights, trademarks, internet, and publishing law. Ms. Ward has carved out a niche working with eCommerce entrepreneurs, information marketers, authors, and professional speakers.
Not surprisingly, Francine loves working with entrepreneurs and authors--because she is one! She understands from firsthand experience the importance of safeguarding what she's invested so much time and money creating, e.g, books, articles, web content, product, videos, her brand and the right to create these things. She?s written two self-help books (Esteemable Acts: 10 Actions for Building Real Self-Esteem and 52 Weeks of Esteemable Acts: A Guide to Right Living), has given a number of motivational business keynotes, and has talked extensively to entrepreneurs on the importance of protecting their valuable intellectual property. She has now expanded her reach to social media, including the Second Life.
Francine Ward is an active member of the American Bar Association's Intellectual Property Law Section, and currently chairs Committee 408 (In the Interest of Individuals and Small Businesses). Always willing to be of service and forever involved in her community, Francine volunteers her time helping women struggling with addiction who have lost their kids, she?s on the boards of the National Council on Alcoholism and Other Drugs in the Bay Area and the National Speakers Association, and is a pro-bono volunteer lawyer through the VLSP program with the San Francisco Bar Association. Francine D. Ward resides in Mill Valley, CA with her husband Richard Lipfield, and three cats, Mango, Spike, and Kiwi.
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 MO - Self Study: 1.0 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits VA - General: 1.0 Credits
Course Presenter(s)
Thomas A. Lenz
Experience
Thomas Lenz is a senior partner handling all aspects of labor and employment law issues from the firm's Cerritos and Pasadena offices. He heads the firm's traditional labor and National Labor Relations Board practice. He works with employers in all major industries across California and the West. He currently services on the Executive Committee of the Labor and Employment Section for the State Bar of California. Tom began his law practice with the National Labor Relations Board, Region 21, in Los Angeles, where he investigated and tried unfair labor practice cases, ran workplace elections, and acted as an administrative hearing officer. Tom was assigned difficult cases, including numerous charges involving SEIU's Justice for Janitors campaign activity throughout Los Angeles, and the majority of his cases required work in the Spanish language. He received a formal commendation for his performance from the Agency's General Counsel.
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.
This program offers to the legal professional a treasure trove of Information Technology tips, tricks and advice on how to upgrade your law office, legal department or legal assistant practice and get the most out of your (limited) technology budget!
Course Agenda
What sort of system stats you should be looking for when upgrading your system
Is it time to upgrade?
What are some of the costs?
What should I make sure to upgrade/keep in place?
Working with Windows 8
Antivirus & Firewalls, computer security & safety
Cloud computing
Backups
Discussions about case management systems
Trends & Fads: where are we headed with IT in the near future!
This program is ideal for the solo practitioner, paralegal/legal assistant, small office or even mid-sized office that wants to review their technology in an unbiased, non-sales environment! Mr. Jackman has been providing technology consulting solutions to law offices since 1999, so take advantage of this session to find out what you need to be on the cutting edge of today?s technology!
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 CO - General: 1.3 Credits FL - Technology: 1.0 Credits MO - Self Study: 1.26 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.05 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.26 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.
For attorneys, being asked to serve on the board of directors for both for-profit and non-profit organizations can be a great honor, however the position brings a unique set of ethical and professional challenges. In this course, attorney Deborah Gonzalez will examine the challenges involved in this dual role as attorney and board member, the ethical concerns and consequences of their relationships, and the best practices attorneys should undertake to avoid conflicts of interest and other adverse events.
The course starts with the reasons to accept an offer as a board member. Why would an attorney consider this invitation and what are the organization's motive? The course will then address the dual responsibility as attorney and board member. Ms. Gonzalez will discuss ethical issues arising from this dual responsibility such as conflict of interest, privileged information and reporting wrong doing, The course will explore how the Sarbanes-Oxley Act will affect attorney's relationship with the organization and what is the proper compensation standard relating to this dual role. The course will end with a presentation of best practices to avoid ethical pitfalls and the protections that attorney can seek if their actions (in the capacity of lawyer and board member) are cause of litigation.
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.
Professional Liability Insurance veteran Paul Dorroh provides information of vital importance to every practitioner. This program covers all the basics about why and how to purchase malpractice insurance, how to best purchase it and how to properly manage it.
Why buy malpractice insurance? Statistics indicate that the frequency of claims averages about 4% - similar to personal auto insurance, so it is not that unlikely to encounter a claim over the course of a legal career. You need to protect yourself, your clients ? and client relationships, avoid embarrassing disclosure of lack of coverage and meet specific insurance requirements of clients.
How to Buy: Learn the difference between use of a broker or buying direct, how to evaluate insurers, how to compare quotes and coverage, how to complete an application and how to choose limits of liability and coverage. Learn how to manage your policy when there are changes in your practice, how to report ?claims,? how to handle renewals and possible availability of Tail Coverage.
Course Agenda
Why buy malpractice insurance?
Protect yourself
Protect your clients - and client relationships
Avoid embarrassing disclosure of lack of coverage
Rule 3-410 Disclosure of Professional Liability Insurance
"A member who knows or should know that he or she does not have professional liability insurance shall inform a client in writing, at the time of the client's engagement of the member, that the member does not have professional liability insurance whenever it is reasonably foreseeable that the total amount of the member's legal representation of the client in the matter will exceed four hours."
Meet insurance requirements of clients: Businesses, governmental agencies and sophisticated individuals often have specific requirements for minimum amounts of professional liability insurance.
How to Buy Malpractice Insurance
Agent or broker vs. direct from insurer
Evaluating insurers
Co-Evaluating Policy Coverage
Completing an application
What is covered - errors and omissions vs. malpractice - is there a Who is covered - read this section carefully!
Exclusions - some traps for the unwary
The "Discovery Clause" and a common misconception
Who is covered - The obvious: current sole proprietor, shareholders, partners and employees, prior shareholders, partners, employees (but usually only while acting within scope of duties on behalf of Named)
The less obvious: What about of counsel, contract attorneys, firms, attorneys associated for specific matters
Exclusions - some traps for the unwary.
Definitions: This section can carve out other exceptions and limitations on coverage. For example, disgorgement or reduction of legal fees charged to the claimant is often carved out by the definition of The "discovery clause" and a common misperception
Choosing limits of liability and deductibles
Limits of liability - each claim and annual aggregate
Deductibles - each claim, loss only and aggregate
Prior Acts - what's possible and what's not
Managing your policy
Changes in your practice: Adding/deleting lawyers, merging practices.
Changes in Areas of Practice
Reporting "claims." Is it a claim? Does the insurer offer a "hotline" for confidential advice? Insurer's claims personnel may also offer guidance whether to report.
Renewals - when to shop around
Premium increases
Insurer status changes, e.g. financial downgrade
Coverage restrictions
Test the market periodically
Be aware of potential loss of "free tail" benefit
Understanding claims made premiums
Tail coverage: What is it? Extra time to report claims after final policy termination - either a finite or unlimited time. When is it an Issue? Do I need it? What does it cost?
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.3 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.26 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NH - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.26 Credits
Course Presenter(s)
Paul Dorroh, Esq.
B.A., U.C. Berkeley
J.D. Boalt Hall, U.C. Berkeley
Active Member, the State Bar of California
Licensed Insurance Agent-Broker in California
Retired Senior Vice President, Marsh U.S. Consumer, a unit of Marsh & McLennan Companies, managing sponsored lawyers? professional liability insurance programs for a number of State Bar associations.
Nearly 40 years of experience in designing, forming and managing professional liability insurance captive companies and commercially underwritten professional liability insurance plans for professional association of attorneys, physicians, dentists, allied health professionals and real estate professionals.
Contact Information:
Paul E. Dorroh
Attorney at Law
144 York Avenue
Kensington, California 94708
Course Price:
$19.99
Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence
Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence Details
Price:
$19.99
Course Description
The California State Bar has recently added important new components to the required course previously known as "Prevention, Detection and Treatment of Substance Abuse and Emotional Distress." The new definition of this course, "Prevention, Detection and Treatment of Mental or Physical Issues that Impair a Member's Ability to Perform Legal Services with Competence," reflects the need to consider the bigger picture of the pressures which lawyers face on a daily basis in their practices, as well as the physical and mental issues which may impair competence, such as depression, age and natural cognitive decline.
In this HD Video program attorney Steven A. Nielsen focuses on the mental changes that occur over a career. The normal aging process results in cognitive decline, and Mr. Nielsen suggests that a colleague or two keep tabs on each other, including those at large law firms. He discusses the presence of dementia and what to do should it arise, and provides links to resources on how to sell or close a practice should this occur. Other simple tips include the use of a lawyer's skills as a problem solver to help neural plasticity and memory, such as playing bridge, crossword puzzles and hobbies, physical activity in the office as well as outside and an improved diet. He also takes aim at the rise of constant electronic messages or other electronic interruptions and the damage this can have, and suggests how "Interruption Management" can help effectiveness and productivity. Mr. Nielsen's remedies and tips offered are not extreme, but are important as they can be easily implemented. This program will help attorneys improve the efficiency and enjoyment of their practices and increase awareness of cognitive issues and possible diminution of competence.
Course Agenda
What are we going to learn?
Genesis of MCLE Requirement
Substance Abuse? Been there, done that..
Depression ? A Kingpin of Disaster
The New ?Other? Categories of Impairment
Mental Issues
Physical Issues
What can we do? Prevention/Detection/Treatment
Why Are We Here Today?
To Keep our License to Practice Law
To Consider Ways to Live Life to the Fullest and to Consider Ourselves as a Whole
Avoid ?Junk Science? and figure out the state of the art
Consider the bigger picture as now encouraged in Rules of the State Bar of California Title 2. Division 2.
Division 2. Rights and Responsibilities of Members
Substance Abuse
What can we add?
How does it start?
Detection
Treatment?
Mental Impairment ? Mental illness
Depression ? Kingpin of Impairment?
Depression ? Effect on the New Other Issues
Prevention/Detection/Treatment
Mental Issues
Age ? The Great Thief
Dementia Happens
When Dementia Happens
Avoid ?natural? cognitive decline
Avoid Negative Mental Conditioning
Twitch and Click will change your brain
Constant interruptions are a mental impairment
Stop Interruptions to decrease mistakes
Old World / Kaiser Focus
Are you as focused as a Kaiser worker?
Our mind does not want to go back to work after an interruption
What was focus in the Old World
Consider Interruption Management
Prevention/Detection/Treatment
Physical issues that impair
Sitting is the new smoking
Improved eating and activity does not need to be extreme
Course Credit per State
AK - : 1.0 Credits AZ - : 1.0 Credits CA - Competence Issues: 1.0 Credits CO - : 1.2 Credits FL - Mental Illness: 1.0 Credits IL - Mental Health - Substance Abuse : 1.0 Credits MO - Self Study: 1.22 Credits MT - : 1.0 Credits NC - Substance Abuse / Mental Health: 1.0 Credits ND - : 1.0 Credits NY - General: 1.0 Credits PA - : 1.0 Credits VT - Self Study: 1.0 Credits WA - : 1.0 Credits WV - Ethics: 1.22 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.
Patent trends are not only of interest to registered patent attorneys. While only registered patent attorneys may file patent applications for others, ANY attorney may try a patent case: In addition, patents are in the news on a daily basis, and those who are knowledgeable can better serve existing clientele and attract new clients. In this program, Mr. Nielsen reviews the recent flurry of important new laws and cases and discusses and their potential impact in the years ahead.
Course Agenda
First to File vs. First to Invent under the New AIA Act
The Death of Means Plus Function Claim Limitations
Doctrine of Claim Equivalents On the Rise to Expand Patent Liability
Do Patent Trolls or Non Practicing Entities Create a Valuable Secondary Market for Patents?
Filing Patent Applications in Other Countries Introduction and Overview and Patent Trends
The America Invents Act: Amends 35 USC et seq. ?First to File.? Other AIA Highlights
The Death of Means plus Function Claim Limitations: 35 USC Sec. 112(f)
Doctrine of Claim Equivalents On the Rise to Expand Patent Liability: 50% Reversal Rate of District Court
Do Patent Trolls or Non Practicing Entities Create a Valuable Secondary Market for Patents?
Filing Patent Applications in Other Countries: Strategies and Costs: Placeholders, WIPO, Patent Cooperation Treaty (PCT), European Patent Office (EPO)
Practice Pointers plus Q&A ? Why some claims are rejected, know the rules and how the system works to avoid rejection. Tips for clients.
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits FL - General: 1.0 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 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.
Course Price:
$19.99
The Cyber Threat Landscape: A Clear and Present Danger to Law Firms
The Cyber Threat Landscape: A Clear and Present Danger to Law Firms Details
Price:
$19.99
Course Description
Modern warfare is no longer fought on traditional battlefield terrain. It takes place from behind the lines, from secure buildings and with sophisticated and dangerous weapons of technology. Although U.S. Governmental agencies and large corporations have been the most frequent targets, more and more, law firms have experienced malicious attacks from afar which continue to expose client and other vital law firm information. This program addresses the cyber-warfare landscape, recent cases, common risks and best solutions.
Course Agenda
Case studies
Hacking in General
Cyber-Warfare
State-sponsored and Independent Groups
Theft of Intellectual Property
Preventive Measures for Attorneys, Law Firms, Companies and Clients
Ethical Duty to Zealously Guard Client Secrets: Is your clients? information safe and secure from hackers?
Security Challenges: Advanced Persistent Threat: Review of Data Loss by Particular Industries, Causes and by Country.
The Problem: The Age of the Anti-Virus is gone and presents a false sense of security. Malware, use of valid credentials by intruders, 1 in 5 emails is illegitimate, time from earliest detection of compromise to detection is usually one year, malicious web links grew by 600%, 32% of malicious web links in social media used shortened web links.
Major Threat Types and Security Challenges: Criminal, Hackers (Hacktivists), Economic Espionage and Nuisance (Botnets/Spam). Advanced Persistent Threats: A sophisticated attack that establishes and extends footholds within a targeted organization for the purpose of extracting information and; pursues its objectives repeatedly, adapts to defenders efforts to resist it and is determined to execute its objective.
How to Detect Threats: The Risk of Personalization and Mobile Security.
Cloud Security, Ransomware (?Trojan?), Smart Phone and Apps: Risky Browser analysis and comparisons, helpful tools for protection against cyber-attacks.
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CO - General: 1.2 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits VT - Self Study: 1.0 Credits WA - General: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Albert Barsocchini
Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
Model Rules of Professional Conduct 1.1 provides that "(a) lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." Experienced Discovery Counsel Albert Barsocchini discusses the evolution of Ethical Rules to now embrace developments in the world of E-Discovery. For example, Best Practices, as discussed, include the duties to know e-discovery or find someone who does, to guard against destruction of potentially relevant data, to disclose relevant non-privileged information without producing privileged material, to manage the process as well as the client, to cooperate with adversaries to address e-discovery issues and to communicate and document. He discusses the Federal Rules of Civil Procedure, Model Rules of Professional Conduct and California Bar Rules which implicate Ethical Obligations and offers numerous recommendations on how to meet ethical obligations in the e-discovery process, the duty to supervise vendors, how to avoid conflicts, confidentiality challenges and discovery goals. This program is a fast-paced and comprehensive overview of e-discovery ethical rules and obligations, coupled with concrete, sage advice from one of the nation?s foremost experts in this subject.
Course Agenda
E-Discovery and Attorney Misconduct
E-Discovery Best Practices
FRCP and Model Rules of Professional Conduct (RCP) as basis for ethical conduct in litigation in federal courts.
Evidence Suppression
RPC - Candor
RPC - Mining for Metadata
RPC - Inadvertent Disclosure
California State Bar Ethics Opinion 11-0004: The Opinion addresses the impact of E-Discovery on a lawyer?s duty of competence. Multiple recommendations,
Duty to Supervise E-Discovery Vendors and to understand the offshore legal process.
Avoiding Conflicts
Confidentiality Challenges
Discovery Goal
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.2 Credits FL - Ethics: 1.0 Credits MT - Ethics: 1.0 Credits ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits TN - Dual: 1.0 Credits VT - Ethics: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
Albert Barsocchini
Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
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 AZ - 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 ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits TN - Dual: 1.03 Credits VT - Self Study: 1.0 Credits WA - 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.
Course Price:
$19.99
What Every Lawyer Should Know About Cyber Security
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.
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 CT - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.3 Credits MT - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NY - General: 1.0 Credits WA - 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.
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