Continuing Legal Education Online Courses with MCLEZ are for North Dakota attorneys who want to make the most of their time and money. Easily earn North Dakota 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 North Dakota MCLE requirement based on the reciprocity rule of the North Dakota CLE Commission. For more information about this rule, please visit the North Dakota CLE Commission Website, or call (701)255-1404.
North Dakota CLE Course Catalog
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A Practical Approach to Asset Protection and Bankruptcy
A Practical Approach to Asset Protection and Bankruptcy Details
Price:
$19.99
Course Description
Attorneys Steven R. Fox and Jacob Stein provide insight into Bankruptcy, and how to protect assets in the event of one. Fox provides a practical approach to a sensitive subject. He discusses the different options, and the pros and cons of each. He then focuses on key elements, rounding up with potential pitfalls to avoid. Stein answers the big question, is there life after bankruptcy? He provides an overview of Asset Protection before delving into the structures and strategies best used in the event of a bankruptcy.
Course Agenda
ASSET PROTECTION
Debt Collection
Fraudulent Transfers
Planning in Context of Marriage
Entity Planning
Choice of Entity
Planning with Trusts
Foreign Trusts
Retirement Plans
Comprehensive Examples
BANKRUPTCY
The Twin Purposes of Bankruptcy
Chapter 7 Liquidation and Its Essentials
Chapters 11 And 13 Reorganization
Objecting to The Dischargeability Of A Specific Debt. Section 523
Objecting to the Discharge of All Debts. Section 727
Property of The Bankruptcy Estate. Section 541
Property of The Bankruptcy Estate. Section 541
The Automatic Stay. Section 362
Fraudulent Conveyances, Preferential Transfers and Other Avoiding Powers. Sections 544 To 551
Mistakes on The Road to Bankruptcy
Signs A Business Headed on The Road Toward Bankruptcy
Course Credit per State
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 IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.02 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.
Steven R. Fox
Steven R. Fox is active in professional organizations relevant to his practice and is a leader in the legal community. He chairs the Bankruptcy Section of the San Fernando Valley Bar Association where he is known for presenting timely and compelling programming. He is a member of the Los Angeles Bankruptcy Forum, the American Bankruptcy Institute and the National Association of Consumer Bankruptcy Attorneys. In the early 2000s, recognizing a need for new attorneys practicing consumer bankruptcy law to have a forum to learn and to grow in their field, Mr. Fox became one of the founders of the Central District Consumer Bankruptcy Attorneys Association in Los Angeles.
Course Price:
$19.99
ABA Professional Responsibility Client-Lawyer Guidelines
ABA Professional Responsibility Client-Lawyer Guidelines Details
Price:
$29.99
Course Description
The Rules of Professional Conduct created by the American Bar Association are "the gold standard" when making decisions about legal ethics and best practice. These rules have been adapted by most state bars for the benefit of their members. In addition, the Rules are a standard authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this MLCEZ course, David Graulich, Esq. provides a closer look at the ABA Rules that pertain to the attorney-client relationship. What is the division of authority between the client and the attorney? How does an ethical attorney avoid the appearance "or reality -- of conflict of interest" Can an attorney ethically agree to represent a client in an unfamiliar area of law? Can an attorney loan money to a client? Graulich illustrates the rules with real-life examples as well as working through hypothetical ethical questions that typically arise in private practice.
Course Agenda
Introduction
Competence
Client-lawyer relationship
Diligence
Communication
Fees
Confidentiality of information
Conflict of interest
Duties to former clients
Imputations of conflicts of interest: general rule
Special conflicts of interest for former and current governmental officers and employees
Former judge, arbitrator, mediator or other third-party neutral
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Course Price:
$29.99
ABA Professional Responsibility Client-Lawyer Guidelines Part II
ABA Professional Responsibility Client-Lawyer Guidelines Part II Details
Price:
$29.99
Course Description
04-19-2018 Recorded date
This class is the second in a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Rule II (Counselor) and Rule III (Advocate). Among the topics covered: ethical guidelines when a lawyer serves as third-party neutral; standards for candor towards the tribunal; fairness to opposing party and opposing counsel; expediting litigation and avoiding delay, and trial publicity. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.
Course Agenda
Rules Overview - Counselor
Rules Overview - Advocate
Rule 2.1 Advisor
Rule 2.2 - Deleted (Moved to Rule 1.7)
Rule 2.3 Evaluation for Use by Third Persons
Rule 2.4 Lawyer Serving as Third-Party Neutral
Rule 3.1 Meritorious Claims and Contentions
Rule 3.2 Expediting Litigation
Rule 3.3 Candor Toward the Tribunal
Rule 3.4 Fairness to Opposing Party and Counsel
Rule 3.5: Impartiality & Decorum of the Tribunal
Rule 3.6: Trial Publicity
Rule 3.7: Lawyer as Witness
Rule 3.8: Special Responsibilities of a Prosecutor
Rule 3.9: Advocate in Nonadjudicative Proceedings
Course Credit per State
AK - Voluntary: 2.5 Credits AZ - Professional Responsibility: 2.5 Credits CA - Ethics: 2.5 Credits CT - Ethics: 2.5 Credits FL - Professionalism: 2.5 Credits IL - Professional Responsibility: 2.25 Credits IN - Ethics: 2.5 Credits ME - Professional Responsibility: 2.46 Credits ND - Ethics: 2.5 Credits NV - Ethics: 2.0 Credits NY - Ethics: 2.5 Credits PA - Ethics: 2.5 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Advocacy, Ethics, and the Law for Librarians Details
Price:
$19.99
Course Description
This course is an introduction to public advocacy and lobbying for librarians. As professionals, how can we make sure our voices are heard on issues of freedom, equity, truth, and justice? What is ethically required of us? Where are the legal (and political) danger zones? Presented by Rob Mead, Washington State Law Library.
Course Agenda
Advocacy by Librarians
Library ethical considerations in the light of the legal restrictions on lobbying and advocacy for public libraries.
Critical Intersection for Today
March 2017 Trump Administration Budget
What is Advocacy?
What is Lobbying?
Library Ethics - What should we do?
How do our values inform our professional advocacy?
Legal Restrictions on Library Advocacy
Hatch Act (1939 - Act to Prevent Pernicious Political Activities) - 5 U.S.C. §§ 7321-7326
Federal Lobbying Prohibitions 31 U.S.C § 1352
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits TN - Dual: 1.08 Credits
Course Presenter(s)
Course Price:
$19.99
Age Bias at Work: Why Our Laws are Ineffective and How to Improve Them
Age Bias at Work: Why Our Laws are Ineffective and How to Improve Them Details
Price:
$24.99
Course Description
There is a saying that everyone in America will ultimately be a target of age bias, as the passage of time doesn't discriminate. We all get old. However, as plaintiff's attorney David Graulich explains in this class, U.S. laws that were intended to protect employees and job applicants from age discrimination have become ineffectual and weak. Technological and demographic change have far outpaced the primary Federal law, the Age Discrimination in Employment Act (ADEA), which first became law in the 1960's. Today algorithms, micro-marketing and data mining can ferret out who is "old" without even requiring human interaction. As Graulich points out, a regrettable decision by the United States Supreme Court has also made it difficult for plaintiffs to win in a lawsuit predicated on age discrimination. Graulich lays out his recommendations for how to overhaul and strengthen our legal framework, so that civil actions grounded in age bias will once again be a genuine deterrent for employers who discriminate against older people.
Course Agenda
Management and Age Bias
?Wall of Discrimination
?Micro-Targeting?
How Employers See Persons Who Are Age 40+
How Recruiters See Persons Who are Age 40+
How Company Lawyers See Persons Who Are Age 40+
?Bro Culture?
Gray Hair? How Awful!!!
?Older female applicants??
?Frozen? in Dead-End Jobs
Federal Legal Framework
What?s a BFOQ????
California Legal Framework
CACI 2570 ? Age Discrimination
Harsh Realities
Setback for Plaintiffs
Algorithms Crush the Law
Key California Decisions
Age Bias in Legal Industry
Support Professionals
REFORMS
Course Credit per State
AZ - General: 1.5 Credits CA - Elimination of Bias: 1.5 Credits CT - General: 1.5 Credits FL - General: 1.5 Credits ME - Self Study: 1.55 Credits ND - Self Study: 1.5 Credits NY - General: 1.5 Credits TX - General: 1.5 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Course Price:
$24.99
Asset Protection and Estate Planning Under the New Tax Act
Asset Protection and Estate Planning Under the New Tax Act Details
Price:
$19.99
Course Description
Jacob Stein and Michelle Lerman discuss the changes to asset protection and estate planning as a result of the new Tax Act. They will provide an overview of the current legal landscape before delving into how the changes will affect existing practices, potential pitfalls to avoid, and opportunities to take advantage of in the new tax era.
Jacob Stein will discuss asset protection under the new tax act. He will present a practical approach to protecting assets, applying real-life stories to theory. He will discuss strategies and solutions to protecting specific assets like residences, retirement plans, real estate investments and businesses. He will also touch on more sophisticated strategies such as Advanced trust and Offshore structures.
Michelle Lerman will lead the discussion on estate planning under the new tax act. She will provide an overview on choosing the right estate plan, taking advantage of the transfer tax law, using irrevocable trusts to protect assets and much more.
Course Agenda
Threshold Questions
Debt Collection
Fraudulent Transfers
Planning in Context of Marriage
Entity Planning
Choice of Entity
Planning with Trusts
Foreign Trusts
Retirement Plans
Comprehensive Example
New Tax Act
Planning Under the New Tax Law
Course Credit per State
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 ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 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.
Michelle Lerman
Michelle Lerman is an Estate Planning Attorney who is passionate about helping people reach their estate planning goals. She is a Superlawyer and certified specialist; an author who recently published the 2nd Edition of her book "Create Your Best Legacy; a featured commentator on radio and television, and a sought-after professional speaker.
Course Price:
$19.99
Competence Issues Relevant to an Attorneys Ability to Perform Legal Services
Competence Issues Relevant to an Attorneys Ability to Perform Legal Services Details
Price:
$19.99
Course Description
In this program patent attorney Steven A. Nielsen discusses the evolution of awareness of the general subject matter of competence as it relates to substance abuse (including new legal medical cannabis), stress, age, dementia and other factors and their relationship to the practice of law. The maxim that "the law is a jealous mistress" can be true if attorneys fail to take a big picture view of the factors at work which can cause physical and mental harm and distract lawyers from enjoyment of their lives and the need to pay attention to their physical and mental health.
This program addresses both the need for awareness of substance abuse, depression,
mental illness, age, cognitive decline and related issues, plus practical, easy to implement
steps to facilitate an enjoyable and effective practice.
Course Agenda
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - Competence Issues: 1.0 Credits CT - : 1.0 Credits FL - Substance Abuse: 1.0 Credits ND - Ethics: 1.0 Credits NY - substance abuse: 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
Conflicts of Interest for Nonprofits: Counseling Nonprofit Boards on Avoiding Conflicts
Conflicts of Interest for Nonprofits: Counseling Nonprofit Boards on Avoiding Conflicts Details
Price:
$19.99
Course Description
You've probably heard that "Conflicts of Interests" are bad and that nonprofit boards need to avoid conflicts of interests. But, what exactly is a "conflict of interest", and what should you do if your nonprofit has a "conflict of interest?
Conflicts of interest are not necessarily bad. The important thing is being able to identify conflicts of interest and knowing how to manage conflicts of interests when they arise.
This course on "Dealing with Conflicts of Interests" will define what a "conflict of interest" is; Give specific examples of common types of conflicts of interests that arise for nonprofits; Explain the law on conflicts of interest as it applies to nonprofits; Discuss strategies on how to manage conflicts of interests.
Course Agenda
What are the key fiduciary duties of Board members?
What is a conflict of interest?
Why is it important to be able to identify a conflict of interest?
How should a conflict of interest be addressed?
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits NC - Professional Responsibility: 0.75 Credits ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits TN - Dual: 0.95 Credits
Course Presenter(s)
Lorri Anne Dunsmore
Lorri Dunsmore has over 24 years of experience representing individuals, businesses and tax-exempt organizations in a variety of charitable, wealth transfer, business succession and federal tax matters. Lorri regularly works with individuals and tax-exempt organizations to address a wide range of tax and state law issues impacting charitable giving, formation of nonprofits and addressing the specialized needs of tax-exempt organizations including private foundation excise taxes, excess benefit transactions, lobbying restrictions, fundraising law compliance, commercial co-ventures and joint ventures. Lorri has spoken and written about numerous issues related to nonprofit governance and compliance matters and has worked with a variety of tax-exempt organizations to provide training for board members and officers. Lorri's practice also includes advising clients on the formation, operation, management and transfer of family business entities. She works closely with families to implement business succession and wealth transfer strategies. Lorri has experience advising privately held corporations, limited liability companies and professional corporations on issues ranging from formation to dissolution.
While awareness of the need for support for diversity among law firms continues to increase, the goal of proportionate inclusion for people of diverse ethnicity and women remains substantially unfulfilled. Members of historically underrepresented groups remain seriously disadvantaged in both training and work environments. In this program attorney Steven A. Nielsen discusses the gap between efforts to increase diversity and inclusion in the legal profession and the less than satisfactory results as documented in current statistical data. He offers his thoughts on how the profession can first recognize the root causes that contribute to a lack of diversity and how, with this knowledge, firms can implement practical policies of inclusion to provide a way forward to increase racial and gender diversity.
Course Agenda
What does the current literature tell us?
Pressure for Law School Ranking Hurts Women
Both Law and Medicine have Diversity Problems
Getting into Law School
Making a Living as a Lawyer
Covering the Bases of D and I
A Broader Definition of Diversity
Mentoring and Networking Seem to be an Answer
Diversity and Inclusion
Is our definition of "reaching the top" to be reconsidered?
Is running a solo or small frim considered success?
Crossover Subjects
Bias - A Proposed Big Picture View
A Proposed Big Picture Approach
What is Bias?
Mechanical Bias
Group Bias
What is Discrimination?
Do we learn hate?
How did we evolve?
Advantages of being in a group
Group Study Data
The Robber's Cave Experiment
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
Perhaps broad definitions of "diversity" are helpful in defining the scope of our anti-bias efforts
Still allowed to judge or discern, but judge with knowledge of the individual
How do we reduce bias?
How do we make everyone feel equal?
The Skilled Mediator Example
Bias in Action
Can we learn to withhold judgment?
Question Everything
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: 1.25 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - Diversity and Inclusion: 1.0 Credits TN - General: 1.05 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.
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
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.
Course Price:
$19.99
How the Third-Party Doctrine Affects Law Enforcement, Technology Company Practices, and Data Privacy Expectations
How the Third-Party Doctrine Affects Law Enforcement, Technology Company Practices, and Data Privacy Expectations Details
Price:
$24.99
Course Description
Join the Wikimedia Foundation and guest speakers for a discussion on how the third-party doctrine affects law enforcement, technology company practices, and data privacy expectations as the Supreme Court prepares to rule on Carpenter v. United States. In this case, the Court will consider whether the Fourth Amendment requires law enforcement to obtain a search warrant before accessing historical cell phone location records.
Course Agenda
Third Party Doctrine
What types of consumer data to tech companies collect?
How does the third-party doctrine affect tech companies and their business practices?
Do consumers really care about privacy, and what do they consider when they decide to sacrifice their privacy for certain services?
Do companies tend to care about privacy more or less than consumers?
How to Understand and Properly Value Client Assets Details
Price:
$19.99
Course Description
Legal issues arise in many areas when it comes to collectibles, and one of the hottest and most contentious areas involves record collections (from 78s to digital), and related music memorabilia.
Accredited Senior Appraiser and member of the American Society of Appraisers who specializes in this area, Stephen M.H. Braitman has been involved in a myriad of cases which have required his services. In addition to his role as an expert witness in litigation, practice areas in which his expertise has been utilized include Family Law, Estate Planning and Insurance issues, evaluations for credible Fair Market Value, Replacement Value, and Liquidation value appraisals of contested property.
In this program Mr. Braitman reviews the role of the appraiser and the process for certification as an appraiser. Specific issues include: The potential of a music collection, what to look for in "hidden assets" that may be significant, what issues arise between collectors (and?everyone else!) , some contentious records and memorabilia, the need for accurate appraisals and how an undervalued appraisal can affect both the financial and legal outcome of a family or institution, the current market in music records and memorabilia collectibles, the Uniform Standards of Professional Appraisal Practice, credentialing of the appraiser, the appraisal process, issues in divorce, property settlements and estates, how to overcome the lack of value-knowledge of an insurance adjuster, appraised value as leverage or as collateral, satisfying I.R.S. donation requirements, auctions, and an in depth review of specific types of records and music memorabilia and their current and future value.
Course Agenda
If your firm represents libraries, archives, insurance agencies, or executors for estates, or is involved in family law, this program is a unique and valuable resource. Moreover, the cases in which Mr. Braitman has been personally involved, such as the Michael Jackson property at Neverland Ranch, the Elton John record collection, and donations to the Library of Congress and the Rock and Roll Hall of Fame, make this program a fascinating, behind-the-scenes look at a wide variety of legal issues related to music, such as
Insurance Replacement Cost Coverage
IRS Charitable Donations
Equitable Division of Property in an Estate or Divorce
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 NV - General: 1.0 Credits NY - General: 1.0 Credits
Course Presenter(s)
Thomas A. Lenz
Experience
Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
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.
Over the past decade, a number of well-publicized data leaks have revealed the secret offshore holdings of high-net-worth individuals and multinational taxpayers, leading to a sea change in cross-border tax enforcement. Spurred by leaked data, tax authorities have prosecuted offshore tax cheats, attempted to recoup lost revenues, enacted new laws, and signed international agreements that promote "sunshine" and exchange of financial information between countries.
The conventional wisdom is that data leaks enable tax authorities to detect and punish offshore tax evasion more effectively, and that leaks are therefore socially and economically beneficial. This Article argues, however, that the conventional wisdom is too simplistic. In addition to its clear benefits, leak-driven lawmaking carries distinctive risks, including the risk of agenda setting by third parties with specific interests and the risk associated with leaks' capacity to trigger non-rational responses. Even where leak-driven lawmaking is beneficial overall, it is important to appreciate its distinctive downside risks, in order to best design policy responses.
This Article is the first to thoroughly examine both the important beneficial effects of tax leaks, and their risks. It provides suggestions and cautions for making and enforcing tax law, after a leak, in order to best tap into the benefits of leaks while managing their pitfalls.
Course Agenda
INTRODUCTION
THE EMERGENCE OF TAX LEAKS
Understanding the Emergence of Tax Leaks
Seven Significant Leaks
Some Initial Observations
THE BENEFITS AND RISKS OF TAX LEAKS
Cross-Border Tax Administration and Enforcement
The Benefits of Leaked Information
The Distinctive Risks of Tax Leaks
LEAK-DRIVEN LAWMAKING IN THE REAL WORLD
Agenda Setters
The Messy Transmission of Leaked Data
Leak-Driven Laws
LAW, AFTER THE LEAK
Suggestions for Optimal Leak-Driven Lawmaking
The Road Ahead: Three Open Questions
Course Credit per State
AK - Voluntary: 1.5 Credits CA - General: 1.5 Credits CT - General: 1.5 Credits FL - Technology: 1.5 Credits IN - Distance Education: 1.6 Credits ND - Self Study: 1.5 Credits NV - General: 1.5 Credits NY - General: 1.5 Credits PA - Distance Learning: 1.5 Credits
Course Presenter(s)
Course Price:
$24.99
Managing Data Privacy Risk for Life Science Companies
Managing Data Privacy Risk for Life Science Companies Details
Price:
$19.99
Course Description
Course Agenda
Topics for Discussion
How and when HIPAA applies to Life Sciences Companies
Examples of current government agency enforcement of HIPAA and other privacy statutes that apply to life sciences
Safely and legally conducting data transfers from the EU to the U.S using the health data exception
The new EU General Data Protection Regulation (GDPR) and its impact on life sciences companies
Cybersecurity and the board of directors: fiduciary duties and governance
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 - Technology: 1.0 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits
Course Presenter(s)
Diana Maier
Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.
Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.
Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.
In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.
Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.
Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.
You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.
This presentation by Rachel L. Hulkower from CDC will address the legal principles framing the collection, use, and release of health data for public health activities, including issues such as privacy, confidentiality, HIPAA, and data use agreements.
Course Agenda
Public Health Law Program
Privacy, Confidentiality, Security, and Authorization - Untangling the Legal Issues
Sources of Data - Disease Surveillance, Reporting, and the Law
Uses of Data - State Authority to Investigate and Control Disease Outbreaks
Disclosure of Data - Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule
Data Use Agreements
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 1.3 Credits AZ - General: 1.25 Credits CA - General: 1.25 Credits CT - General: 1.3 Credits FL - General: 1.25 Credits IN - Distance Education: 1.3 Credits ME - Self Study: 1.25 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.2 Credits
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