Attention: CLE rules have temporarily changed in several states due to the Coronavirus Pandemic. MCLEZ is monitoring these changes and will provide updates as they occur. Click here for details.

CLE rules have temporarily changed in several states due to the Coronavirus Pandemic. MCLEZ is monitoring these changes and will provide updates as they occur.

Alabama: No rule changes have been made at this time.

Alaska: No rule changes have been made at this time.

Arizona: No rule changes have been made at this time.

California: No rule changes have been made at this time.

Connecticut: No rule changes have been made at this time.

Florida: The Florida Bar issued an order extending CLE reporting deadlines for February, March, April and May 2020 to August 31, 2020. All other annual compliance deadlines remain the same.

Georgia: The Supreme Court of Georgia issued an order temporarily waiving the 6 hour in-person CLE requirement until the late CLE deadline on March 31, 2020. Georgia attorneys can now complete their full 12 hour requirement through self-study, in-house or online seminars.

Illinois: The Illinois Supreme Court has issued an order extending the MCLE deadline by 90 days (to September 30) for attorneys due in 2020 (last name A-M) who are unable to complete their requirement by June 30. To receive this extension, attorneys must log in to the MCLE Board's website and report "Not Yet Completed" by July 31. No reason for the extension is required.

Indiana: No rule changes have been made at this time.

Kansas:On April 8, 2020, the Kansas Supreme Court issued Administrative Order 2020-RL-033. This order modifies continuing legal education attendance and reporting deadlines, and waives the limitation on prerecorded programming through September 30, 2020

Kentucky: No rule changes have been made at this time.

Maine:The Maine Supreme Judicial Court has issued an order temporarily waiving the in-person CLE requirement. Maine attorneys may complete their entire CLE requirement via On-Demand courses until further notice. In addition, the Board of Overseers of the Bar for the State of Maine has extended the reporting deadline to May 1, 2020 and will not impose any late fees for the 2018-2019 reporting period.

Mississippi: No rule changes have been made at this time.

Missouri: No rule changes have been made at this time.

Montana: No rule changes have been made at this time.

Nevada: No rule changes have been made at this time.

New Hampshire:No rule changes have been made at this time.

New Jersey: The Supreme Court of New Jersey issued an order temporarily relaxing the 12-hour live classroom credit requirement. Until further notice from the courts, New Jersey attorneys may fulfill their entire CLE requirement through approved courses offered in alternative verifiable learning formats.

New York: No rule changes have been made at this time.

North Carolina: No rule changes have been made at this time.

North Dakota: No rule changes have been made at this time.

Ohio: The Ohio Commission on Continuing Legal Education has waived the self-study cap for the 2018-2019 Late Compliance period and extended the deadline to June 29, 2020. Ohio attorneys who still need to finish their CLE requirements from the 2018-2019 compliance period can do so by watching On-Demand programming.

Oklahoma: No rule changes have been made at this time.

Pennsylvania: The April 30, 2020 CLE compliance deadline is extended to August 31, 2020. Click Here to View Court Order

South Carolina: Chief Justice Donald Beatty issued an order on March 17, 2020, allowing lawyers who failed to comply with the 2019-2020 CLE requirements to earn all or any portion of the required 14 hours of CLE credit for the annual reporting year through online or telephonic programs.

Tennessee: On March 27, 2020, the Supreme Court issued an order allowing attorneys to use unlimited online hours to establish their compliance for the 2020 compliance year. Attorneys seeking reinstatement in 2020 are also covered by the order.

Texas: The State Bar of Texas has granted the following automatic extensions for their CLE requirement: (1) A 60 day extension for attorneys with March, April, or May 2020 compliance deadlines; (2) A 60 day extension for missed January or February 2020 compliance deadlines, to prevent the assessment of further fees; (3) A one month extension for attorneys subject to suspension for failure to comply with MCLE requirements in November or December 2019.

Utah: The Supreme Court Board of Continuing Education issued an order suspending all requirements for the in-person CLE requirement until June 30, 2020. Utah attorneys can now complete their required hours through webinars and other self-study courses.

Vermont: No rule changes have been made at this time.

Virginia:The Supreme Court of Virginia issued an order April 14, 2020, extending a number of compliance deadlines that affect Virginia lawyers to ease their professional responsibilities during the COVID-19 emergency. The order extends the MCLE compliance deadline from October 31, 2020 to December 31, 2020.

Washington: No rule changes have been made at this time.

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North Dakota CLE and MCLE Courses

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

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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
ND - Self Study: 1.0 Credits
NH - General: 1.2 Credits
NJ - General: 1.3 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits
TN - General: 1.02 Credits
TX - General: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

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

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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
  • Organization as client
  • Clients with diminished capacity
  • Safekeeping property
  • Declining or terminating representation
  • Sale of law practice
  • Duties to a prospective client

    Course Credit per State


    AK - Ethics: 2.0 Credits
    AZ - Ethics: 2.0 Credits
    CA - Ethics: 2.0 Credits
    CT - Ethics: 2.0 Credits
    FL - Professionalism: 2.0 Credits
    ND - Ethics: 2.0 Credits
    NV - Ethics: 2.0 Credits
    NY - Ethics: 2.0 Credits
    TN - Dual: 1.88 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:
    $29.99
     
     

    ABA Professional Responsibility Client-Lawyer Guidelines Part II

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    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 - Ethics: 2.5 Credits
    CA - Ethics: 2.5 Credits
    CT - Ethics: 2.5 Credits
    FL - Professionalism: 2.5 Credits
    IL - Professional Responsibility: 2.25 Credits
    KY - Ethics: 2.5 Credits
    ME - Professional Responsibility: 2.46 Credits
    NC - Professional Responsibility: 2.25 Credits
    ND - Ethics: 2.5 Credits
    NH - Ethics: 2.5 Credits
    NJ - Ethics: 3.0 Credits
    NV - Ethics: 2.0 Credits
    NY - Ethics: 2.5 Credits
    OK - Legal Ethics: 3.0 Credits
    PA - Ethics: 2.5 Credits
    SC - Ethics: 2.46 Credits
    TN - Dual: 2.47 Credits
    TX - Ethics: 2.5 Credits
    UT - Ethics: 2.0 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:
    $29.99
     
     

    Advocacy, Ethics, and the Law for Librarians

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    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 - Ethics: 1.0 Credits
    CA - Ethics: 1.0 Credits
    CT - Ethics: 1.0 Credits
    IL - Professional Responsibility: 1.0 Credits
    KY - Ethics: 1.0 Credits
    ND - Ethics: 1.0 Credits
    NH - Ethics: 1.08 Credits
    NJ - Ethics: 1.3 Credits
    NY - Ethics: 1.0 Credits
    TN - Dual: 1.08 Credits
    TX - Ethics: 1.0 Credits

    Course Presenter(s)

      Course Price:
    $19.99
     
     

    Age Bias at Work: Why Our Laws are Ineffective and How to Improve Them

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    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


    AK - Voluntary: 1.5 Credits
    AL - On-Demand: 1.5 Credits
    AZ - General: 1.5 Credits
    CA - General: 1.5 Credits
    CT - General: 1.5 Credits
    FL - General: 1.5 Credits
    IL - General: 1.5 Credits
    ME - Self Study: 1.55 Credits
    NC - General: 1.5 Credits
    ND - Self Study: 1.5 Credits
    NH - General: 1.55 Credits
    NJ - General: 1.9 Credits
    NY - General: 1.5 Credits
    OK - Distance Learning: 2.0 Credits
    SC - General: 1.55 Credits
    TN - General: 1.55 Credits
    TX - General: 1.5 Credits
    UT - Self Study: 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

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    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
    KY - General: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NJ - General: 1.2 Credits
    NY - General: 1.0 Credits
    OK - Distance Learning: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TX - General: 1.0 Credits

    Course Presenter(s)

    Jacob Stein, Esq

    Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.

    Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

    He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

    Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

    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
     
     

    Bring Your Own Tech to the Office

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    Bring Your Own Tech to the Office Details


    Price:
    $19.99

    Course Description

    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
    CT - General: 1.0 Credits
    MO - Self Study: 1.16 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.

      Course Price:
    $19.99
     
     

    Competence Issues Relevant to an Attorneys Ability to Perform Legal Services

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    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
    NH - Ethics: 1.06 Credits
    NV - Substance Abuse: 1.0 Credits
    NY - substance abuse: 1.0 Credits
    SC - Substance Abuse: 1.06 Credits
    TX - General: 1.0 Credits
    UT - Self Study: 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

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    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
    AL - Ethics: 1.0 Credits
    AZ - Ethics: 1.0 Credits
    CA - Ethics: 1.0 Credits
    CT - Ethics: 1.0 Credits
    FL - Ethics: 1.0 Credits
    KY - General: 1.0 Credits
    NC - Professional Responsibility: 0.75 Credits
    ND - Ethics: 1.0 Credits
    NH - Ethics: 0.95 Credits
    NJ - Ethics: 1.1 Credits
    NY - Ethics: 1.0 Credits
    PA - Ethics: 1.0 Credits
    SC - Ethics: 0.95 Credits
    TN - Dual: 0.95 Credits
    UT - Ethics: 1.0 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.
      Course Price:
    $19.99
     
     

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

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


    Price:
    $19.99

    Course Description

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

    Course Agenda

    My Background

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

    What is a Conflict of Interest?

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

    Possible Consequences of Conflicts Representation

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

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

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

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

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

    Decision to Refrain from Handling Representation

    Challenges to Representation

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

    Possible Consequences for Innocent Clients

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

    Kinds of Conflicts

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

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

    Conflicts involving Former Clients

    • The Former Client Conflict Rule Generally

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

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

    Personal Interest Conflicts

    • Pecuniary Interest Conflicts
      • Example: Business Transactions Rule

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

    Relationship Conflicts

    • Familial Relationships
    • Sexual Relationships

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

    Other types of Conflicts

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

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

    Imputed Conflicts (most important)/Imputed Disqualification Rule

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

    Avoiding Conflicts

    Declining to Take on Conflicted Representation

    Before you can decline, need to detect: Conflicts checks

    Other Means for Avoiding Conflicts

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

    Curing Conflicts

    Consent

    • Why consent is a cure

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

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

    Screening (10 minutes)

    History of Screening Defense

    Evolution of ABA View of Screening (2009)

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

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

    Course Credit per State


    AK - Ethics: 1.0 Credits
    AZ - Ethics: 1.0 Credits
    CA - Ethics: 1.0 Credits
    CT - Ethics: 1.0 Credits
    FL - Ethics: 1.0 Credits
    MT - Ethics: 1.0 Credits
    ND - Ethics: 1.0 Credits
    NY - Ethics: 1.0 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.

      Course Price:
    $19.99
     
     

    Cyber Stalking: Who's Watching Me

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    Cyber Stalking: Who's Watching Me Details


    Price:
    $19.99

    Course Description

    We live in a surveillance world. The technology exists for everyone to watch everyone. The technology exists for us to be connected online all the time. Is this what we want?

    In this course, attorney Deborah Gonzalez presents an overview of new legal concerns regarding cyber-stalking, cyber harassment, and cyber bullying. Ms. Gonzalez will discuss how new consumer technology such as wearable tech, which is getting smaller and smaller, with the capabilities of recording audio and video without detection, along with the viral nature of social media, is leaving more and more people vulnerable to various types of online abuse. These types of issues have caused states to revise their current general harassment statues, to include language addressing electronic communications. Ms. Gonzales will cover some of these updates as she discusses how various states are choosing to approach these issues. Ms. Gonzalez will also cover several cyber-bullying and cyber-harassment cases, as well as explain the difference between the two. Ms. Gonzalez will conclude the presentation with a brief discussion about current cyber-voyeurism and cyber-revenge porn laws.

    Course Agenda

    Setting the Context Cyber-Harassment
    • Cyber-harassment usually pertains to threatening or harassing email messages, instant messages, or to blog entries or websites dedicated solely to tormenting an individual.
    • Two approaches for state laws:
      • Include language addressing electronic communications in general harassment statutes; or
      • Create stand-alone cyber-harassment statutes.
    • 47 U.S. Code § 223, Communications Decency Act, rephrased to include any telecommunications device.
    • New York Penal Code, 240.3
      • § 240.30 Aggravated harassment in the second degree.
    • Florida, 784.048, 2014
    • Another definition connects this to a violation of anti-harassment/anti-discrimination policies (like Civil Rights) via an email, online post, Tweet, or other electronic communication.
    • Social Media Policies
    • Cyber Harassment: Tips
    Cyber-Stalking
    • Cyber-stalking is the use of the Internet, email or other electronic communications to stalk, and generally refers to a pattern of threatening or malicious behaviors
      • Based on a posing credible threat of harm.
      • Sanctions range from misdemeanors to felonies.
    • 18 U.S.C. § 875(c) makes it a federal crime, punishable by up to five years in prison and $250,000 fine, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another.
    • Section 875(c) prohibits the actual transmission of a threat, which is defined "objectively" as a statement which a reasonable person would understand as threatening bodily injury.
    • § 875(c) applies only to "true threats" which are not protected by the First Amendment.
      • Watts v. United States, 394 U.S. 705 (1969)
      • Such protected speech includes "political hyperbole" or "vehement," "caustic," or "unpleasantly sharp attacks" that fall short of true threats.
    • Georgia Code, 16-5-90, 2014
    • Virginia, 18-2-60, 2002
      • § 18.2-60. Threats of death or bodily injury to a person or member of his family; threats to commit serious bodily harm to persons on school property; penalty.
    • North Carolina, 14-196.3, 2000
      • § 14-196.3. Cyber-stalking.
    • U.S. v. Elonis, October 2014
    • Unwanted Sexual Contact Online
    • International Cyber-Stalking
    Cyber-Bullying
    • Most people consider this in regards to minors and/or students. However there are a series of laws referring to ?workplace cyber-bullying.?
    • Cyber-bullying or Cyber-Harassment?
    • Cyber-bullying State Laws:
      • Colorado, HB 1036, 2005
      • California, AB86, 2008
      • Virginia, HB1624, 2009
      • Georgia, SB250, 2010
    #Gamergate, August 2014
    • Zoe Quinn, software developer of the game ?Depression Quest,? a text-based game partially based on her own experience with depression, in 2013.
    • Victim of online death threats and harassing posts.
    Cyber-Voyeurism
    • Video-Voyeurism: The use of small micro cameras to observe and monitor another person.
    • Cyber-Voyeurism: Controlling those cameras via online or wireless connections and can include recording and posting the videos on social media or other Internet sites.
    • State Statutes include:
      • Unlawful photographing
      • Voyeurism
      • Unauthorized videotaping
      • Eavesdropping
      • Peeping or Spying
      • Disorderly Conduct
      • Various Privacy laws
      • Various Stalking laws
    Intimate Partner Cyber-Violence
    • IPV encompasses domestic violence, sexual violence, and stalking that targets a current or former spouse, boyfriend, girlfriend, or significant other.
    • IPCV encompasses the above through the use of technology, including the Internet, social media, email, texting, etc.
    Cyber-Revenge Porn
    • CA v Iniquez, 2014 Conviction
    • Noe Iniguez, convicted of the charge of distributing "revenge porn" via the internet; 1 year in jail
    • CA Revenge Porn Law?s requires proof beyond a reasonable doubt that:
      • the accused photographed or recorded an image of one or more intimate body parts of an identifiable person under circumstances where the parties agree or understand that the image is to remain private and the accused subsequently distributed the image with the intent to cause serious emotional distress and the depicted person did suffer serious emotional distress. CA, one of 13 states that have enacted cyber-exploitation laws. CA eCrime Unit: prosecuting operators of cyber-exploitation websites

    Course Credit per State


    AK - Voluntary: 1.25 Credits
    AZ - General: 1.25 Credits
    CA - General: 1.25 Credits
    CO - General: 1.4 Credits
    CT - General: 1.0 Credits
    FL - Technology: 1.5 Credits
    MO - Self Study: 1.4 Credits
    MT - Self Study: 1.25 Credits
    ND - Self Study: 1.25 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.

      Course Price:
    $19.99
     
     

    Diversity in the Legal Profession

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    Diversity in the Legal Profession Details


    Price:
    $19.99

    Course Description

    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
    GA - Self Study: 1.0 Credits
    NC - General: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NH - General: 1.05 Credits
    NJ - General: 1.3 Credits
    NV - General: 1.0 Credits
    NY - Diversity and Inclusion: 1.0 Credits
    TN - General: 1.05 Credits
    UT - Self Study: 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
     
     

    Fair Credit Reporting Act

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    Fair Credit Reporting Act Details


    Price:
    $19.99

    Course Description

    This course covers the basics of litigation invoking the Fair Credit Reporting Act. Potential clients are anyone whose credit reports have inaccuracies and who have not been able to get the credit reporting agencies (CRAs) to make corrections.

    The FCRA provides for private civil actions against the CRAs such as Experian, Equifax and Trans Union and against the furnishers of information to the CRAs, such as banks, finance companies, and debt collectors.

    The courts will cover the statutory framework, how the dispute process works, the issues that typically arise in civil litigation against the CRAs and furnishers, and the types damages consumers may seek.

    There will be discussion of the types of cases that are successful under the FCRA and the types of clients and cases to avoid.

    Resources available to the private practitioner will be discussed.

    Course Agenda

    • Consumer Rights under the FCRA
    • Key Threshold Issue-Accuracy in Credit Reports
    • Common Inaccuracies in Credit Reports
    • The Dispute Process, a Prerequisite to a Civil Case
    • What is a Reasonable Investigation?
    • Actual Damages Available in FCRA Cases\
    • Punitive Damages
    • Discovery from CRAs and Furnishers
    • Right to Jury Trial
    • Types of FCRA Cases Commonly Litigated
    • Statute of Limitations
    • Settlement Values of FCRA Cases
    • How to Evaluate Potential Client
    • Potential clients to reject
    • Essential Resources
    • Case Law

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CT - General: 1.0 Credits
    FL - General: 1.0 Credits
    IL - General: 1.0 Credits
    IN - Distance Education: 1.0 Credits
    MO - Self Study: 1.0 Credits
    MT - Self Study: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NH - General: 1.0 Credits
    NJ - General: 1.3 Credits
    NV - General: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.03 Credits
    TX - General: 1.0 Credits
    UT - Self Study: 1.0 Credits

    Course Presenter(s)

    Mark F. Anderson
    Mark F. Anderson has practiced law in San Francisco for over 45 years. He also represents consumers Fair Credit Reporting Act cases in which the consumers were damaged by inaccurate credit reporting by banks and other creditors who report credit information to Experian, Equifax, and TransUnion. He has settled over 150 cases involving inaccurate credit reporting. Mark was one of the first attorneys in California to represent consumers in lemon law cases. He has represented consumers in over 4,000 lemon law cases. He has also represented plaintiffs in numerous consumer class actions.
      Course Price:
    $19.99
     
     

    How the Third-Party Doctrine Affects Law Enforcement, Technology Company Practices, and Data Privacy Expectations

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    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?
    • Carpenter v. United States
    • Katz v. United States
    • Q&A

    Course Credit per State


    AK - Voluntary: 1.5 Credits
    AL - On-Demand: 1.5 Credits
    AZ - General: 1.5 Credits
    CA - General: 1.5 Credits
    CT - General: 1.5 Credits
    FL - Technology: 1.5 Credits
    GA - Self Study: 1.0 Credits
    IN - Distance Education: 1.4 Credits
    ND - Self Study: 1.5 Credits
    NH - General: 1.4 Credits
    NJ - General: 1.7 Credits
    NY - General: 1.5 Credits
    OK - Distance Learning: 1.5 Credits
    PA - Distance Learning: 1.5 Credits
    SC - General: 1.4 Credits
    TN - General: 1.4 Credits
    TX - General: 1.5 Credits
    UT - Self Study: 1.0 Credits
    VA - General: 1.5 Credits

    Course Presenter(s)

      Course Price:
    $24.99
     
     

    How to Understand and Properly Value Client Assets

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    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
    • Estate Planning
    • Expert Witness
    • IRS Federal Estate Tax
    • Loss of Value Claims
    • Opinions of Value
    • Settlement of Damage
    • Valuation and Settlement

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AL - On-Demand: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CT - General: 1.0 Credits
    FL - General: 1.0 Credits
    GA - Self Study: 1.0 Credits
    IL - General: 1.0 Credits
    ME - Self Study: 1.0 Credits
    NC - General: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NH - General: 1.0 Credits
    NY - General: 1.0 Credits
    OK - Distance Learning: 1.0 Credits
    SC - General: 1.01 Credits
    TN - General: 1.02 Credits
    UT - Self Study: 1.0 Credits

    Course Presenter(s)

      Course Price:
    $19.99
     
     

    Independent Contractor Compliance

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    Independent Contractor Compliance Details


    Price:
    $19.99

    Course Description

    Thomas A. Lenz and Cindy S. Arellano, Partners at Atkinson, Andelson, Loya, Ruud & Romo, discuss the factors which may give rise to "Misclassification" of workers by businesses. Are workers employees, or are they independent contractors, and how should businesses make these determinations? What are the possible consequences of misclassification? What are the new developments, trends and cases in this legal arena? The presenters discuss the benefits and risks of Independent Contractor status, triggers for misclassification audits, how to determine if a worker is properly classified and IRS criteria in classification matters. They offer valuable tips and a comprehensive review on how to conduct a best practices review of current employee classification systems and independent contractor relationships and review the new cases and laws in which these issues continue to be addressed.

    Course Agenda

    • "Misclassification" - What Is It?
    • What's New with Classification Issues?
    • Benefits of Independent Contractor Status
    • Benefits of Using Independent Contractors
    • Risks
    • Common Triggers for Misclassification Audit
    • Overview of Classification Standards
    • How Do I Know If a Worker is Properly Classified?
    • Determinations/Rulings
    • Overview of IRS Criteria
    • Rulings/Risks/Pitfalls
    • IRS - Section 530 Relief (Safe Harbor)
    • Independent Contractor vs. Employee Factors

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.0 Credits
    CT - General: 1.0 Credits
    FL - General: 1.0 Credits
    IL - General: 1.0 Credits
    IN - Distance Education: 1.1 Credits
    MO - Self Study: 1.0 Credits
    MT - Self Study: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NH - General: 1.0 Credits
    NJ - General: 1.3 Credits
    NY - General: 1.0 Credits
    OK - Distance Learning: 1.0 Credits
    TX - General: 1.0 Credits
    UT - Self Study: 1.0 Credits

    Course Presenter(s)

    Thomas A. Lenz
    Experience

    Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.

    Education

    Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).

    Memberships

    Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).

    Awards and Recognitions

    Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.

    Cindy Strom Arellano
    Experience

    Cindy Strom Arellano, head of the business and tax team, is a senior partner in the Cerritos office. Ms. Arellano?s practice focuses on employee benefits and executive compensation, qualified and nonqualified deferred compensation and retirement plans, health and welfare benefit plans, ERISA, tax audits and other tax controversy matters, and MBE/WBE/DBE certification. She also works with nonprofits, including educational foundations, auxiliary organizations, charitable organizations, and trade associations, and represents clients in general corporate transactional matters, business formations, compensation structuring, and mergers and acquisitions. Ms. Arellano regularly assists clients with drafting and reviewing executive and deferred compensation plans and agreements and advises both public and private sector clients on a variety of issues relating to 401(k), 403(b), 457 and other deferred compensation/retirement plans. She also assists clients with controlled group issues and with correcting qualified plan errors through IRS and DOL compliance programs. In addition, Ms. Arellano has considerable experience counseling clients with respect to their health and welfare benefit plans, Section 125 cafeteria plans, GASB 43 and 45 plans, voluntary disability plans, fringe benefit arrangements, and COBRA issues arising in mergers, acquisitions and/or restructuring of businesses. Ms. Arellano has represented numerous clients in the trucking, construction, entertainment, and other industries in connection with tax audits and controversies with the Employment Development Department (EDD), Internal Revenue Service (IRS), Franchise Tax Board (FTB) and State Board of Equalization (SBE). Audits and tax controversies handled by Ms. Arellano have covered a multitude of issues, including worker misclassification, sales, income and employment tax disputes and trust fund recovery penalty assessments. Ms. Arellano has successfully appealed many tax assessments, and has negotiated many favorable alternate payment arrangements and settlements of disputed tax liabilities on behalf of clients who are in collections, under audit, or who have a pending appeal of an assessment by the IRS, EDD, SBE and/or FTB.

    Education

    Ms. Arellano received a Bachelor of Arts degree in psychology from the University of Central Florida and her Juris Doctor, with distinction, from the University of Nebraska at Lincoln, where she was a member of the Order of the Coif. While at the University of Nebraska, Ms. Arellano served as a staff member of the Nebraska Law Review. Ms. Arellano received her LL.M. in taxation from the University of San Diego.

      Course Price:
    $19.99
     
     

    Leak-Driven Law

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    Leak-Driven Law Details


    Price:
    $24.99

    Course Description

    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
    AL - On-Demand: 1.5 Credits
    AZ - General: 1.5 Credits
    CA - General: 1.5 Credits
    CT - General: 1.5 Credits
    FL - Technology: 1.5 Credits
    GA - Self Study: 1.5 Credits
    IL - General: 1.5 Credits
    IN - Distance Education: 1.6 Credits
    KY - General: 1.5 Credits
    NC - General: 1.5 Credits
    ND - Self Study: 1.5 Credits
    NH - General: 1.6 Credits
    NJ - General: 1.9 Credits
    NY - General: 1.5 Credits
    OK - Distance Learning: 2.0 Credits
    PA - Distance Learning: 1.5 Credits
    SC - General: 1.6 Credits
    TN - General: 1.6 Credits
    TX - General: 1.5 Credits
    UT - Self Study: 1.5 Credits
    VA - General: 1.5 Credits

    Course Presenter(s)

      Course Price:
    $24.99
     
     

    Managing Data Privacy Risk for Life Science Companies

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    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
    FL - Technology: 1.0 Credits
    IN - Distance Education: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NH - General: 1.0 Credits
    NJ - General: 1.2 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.03 Credits
    TX - General: 1.0 Credits
    UT - Self Study: 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.

      Course Price:
    $19.99
     
     

    Protecting Minors: Human Trafficking, Child Exploitation & the Law

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    Protecting Minors: Human Trafficking, Child Exploitation & the Law Details


    Price:
    $19.99

    Course Description

    This session explores the current landscape ? legal and social - of the issues surrounding child exploitation and domestic minor sex trafficking (DMST). Providing an overview for attorneys to become aware of the concerns, resources and legal recourses to help assist their clients and their community in finding resolutions to this important subject. Topics include: Federal Trafficking Victims Protection Act and its reauthorizations; state laws and Polaris state ratings regarding legislation to combat DMST; review of various surveys and research regarding DMST, the business and the victims; tips as to what lawyers can do and how they can help; and resources to assist.

    Course Agenda

    Overview

    • Setting the Context ? What is DMST?
    • The Victim
    • The Traffickers
    • as a Business
    • Social Change
    • Attorneys and this Issue
    • Resources

    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
    ND - Self Study: 1.0 Credits
    NY - General: 1.0 Credits
    WV - General: 1.2 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.

      Course Price:
    $19.99
     
     

    Public Health Data and the Law

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    Public Health Data and the Law Details


    Price:
    $19.99

    Course Description

    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
    FL - General: 1.25 Credits
    IN - Distance Education: 1.3 Credits
    ME - Self Study: 1.25 Credits
    NC - General: 1.25 Credits
    ND - Self Study: 1.0 Credits
    NJ - General: 1.5 Credits
    NY - General: 1.0 Credits
    OK - Distance Learning: 1.5 Credits
    PA - Distance Learning: 1.0 Credits
    SC - General: 1.25 Credits
    TN - General: 1.2 Credits
    TX - General: 1.25 Credits
    UT - Self Study: 1.0 Credits
    VA - General: 1.0 Credits

    Course Presenter(s)

      Course Price:
    $19.99
     
     

    The Reduction of Bias in the Legal Profession

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    The Reduction of Bias in the Legal Profession Details


    Price:
    $19.99

    Course Description

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

    Course Agenda

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

    Course Credit per State


    AK - Ethics: 1.0 Credits
    CA - Elimination of Bias: 1.0 Credits
    CO - Ethics: 1.2 Credits
    FL - Ethics: 1.0 Credits
    MT - Ethics: 1.0 Credits
    ND - Ethics: 1.0 Credits
    NY - Ethics: 1.0 Credits
    VT - Self Study: 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

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    What Every Lawyer Should Know About Cyber Security Details


    Price:
    $19.99

    Course Description

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

    Course Agenda

    Setting the Context

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

    New world full of digital threats:

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

    What are you protecting?

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

    Who creates the risk?

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

    I'm too Small Defense

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

    Why do these happen?

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

    What can you do?

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

    Who is a Cloud Provider?

    Considerations for Cloud Providers

    What can you do?

    Audits/Assessments:

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

    Understanding Cyber Vulnerabilities

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

    Protection

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

    Ethical Obligations

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

    ABA Model Rule 1.4 Duty Governing Communications

    ABA Model Rule 1.6 Duty of Confidentiality

    ABA Model Rule 5.1 Responsibilities of a Partner or Supervising Lawyer

    ABA Model Rule 5.3 Responsibilities Regarding Non-lawyer Assistant

    Special Considerations for Corporate Counsel

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

      Fulfill Fiduciary Duty of Board and Management

      Address Disclosure Obligations and Appropriate Communications

      Guide Participation in Public-Private Partnerships and Law Enforcement Interactions

      Achieve Regulatory Compliance

      Provide Counsel to Cyber-security Program

      Prepare to Handle Incidents and Crisis

      Manage Cyber-security Related Transactional Risk

      Effectively Use Insurance

      Monitor and Strategically Engage in Public Policy

      Discharge Professional Duty of Care

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.3 Credits
      FL - Technology: 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.

      Course Price:
    $19.99
     


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