Continuing Legal Education Online Courses with MCLEZ are for New York attorneys who want to make the most of their time and money. Easily earn New York CLE credit through courses which have been produced in a variety of legal subjects that matter to you.
If you are new to MCLEZ, try a course for free before you make your purchase with our Free CLE program. To easily fulfill your entire New York CLE requirement, see our New York Bundles page under State CLE Bundles.
The courses offered by MCLEZ apply toward the New York CLE requirement under the New York Approved Jurisdiction policy. To read the policy in full, please see the New York CLE Board website, or call 212- 428-2105.
New York CLE Course Catalog
ABA Professional Responsibility Client-Lawyer Guidelines Part V
ABA Professional Responsibility Client-Lawyer Guidelines Part V Details
Price:
$19.99
Course Description
This class is part of 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 Section VIII (Maintaining the Integrity of the Profession). Among the topics covered: Bar Admission and Disciplinary Matters, Judicial and Legal Officials, Reporting Professional Misconduct, Misconduct and Disciplinary Authority; Choice of Law. 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 ? Maintaining the Integrity of the Profession
Rule 8.1 - Bar Admission and Disciplinary Matters
Rule 8.2 - Judicial and Legal Officials
Rule 8.3 - Reporting Professional Misconduct
Rule 8.4 - Misconduct
Rule 8.5 - Disciplinary Authority; Choice of Law
Further Reading
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits NH - Ethics: 1.0 Credits NV - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits OK - Legal Ethics: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.0 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.
This program features an expert panel of attorneys from across the world who discuss global trends in sanctions and Asset Recovery, particularly in relation to the Ukraine-Russia war. This second Aliant Law International Economic Crime Conference provides valuable information for attorneys who represent U.S. businesses impacted by sanctions on Russia, both here and globally. Attorneys from the UK, Italy, India, and France identify which countries have, or have not been affected, in various sectors, such as the financial sector, shipping, aviation and energy. Remedies or compliance measures, such as asset-recovery (seizure of ships/aviation), anti-money laundering statutes in numerous countries. and whistle-blower remedies are examined. The panelists also discuss immigration and human rights issues and specific remedies implemented (or not) in many countries. This program is of great value for lawyers who value the expertise of colleagues from other countries and how they asses the relative impacts of this conflict on the global legal landscape for businesses and other clients across the globe and in the U.S., and recommendations they have on how to best provide protective legal measures for their clients.
Course Agenda
Russian Sanctions
The Present
Current Magnitude
Effect on Biz Sector
Energy Impacts
Energy Sector
Financial Sector
Export Controls
Aviation
Block, Freeze, Seize
How to Respond
Sanctions and Precautionary Measures Within 231 Compliance Programs in Italy
L.D. n. 231/2001
Sanctions
Precautionary Measures
Warning
Conclusion
The new scheme for extradition with EU member states
Statutory Details
2 Categories of Requesting States
Extradition Process for Category 1 Territories
Category 2 Territories
Category 2 Territories - Type B
Extradition Process for Category 2 Territories
Extradition Hearing
Secretary of State's Decision
Bars to Extradition
The Transitional Period
No Supervisory Jurisdiction by CJEU
End of Dual Criminality Assumptions?
Extradition of Nationals
ECHR
Economic Crime Transparency and Enforcement Act 2002
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.
Course Price:
$29.99
Attorneys and Hi-Tech Communication: A Basic Guide
Attorneys and Hi-Tech Communication: A Basic Guide Details
Price:
$19.99
Course Description
In today's modern workplace, Attorneys need to understand the importance of meeting with clients in a virtual setting. This lecture discusses the ethical and practical reasons to go virtual with meetings and how to accomplish that task, plus tips and troubleshooting ideas for making those online meetings happen as successfully as possible.
Course Agenda
We all know about the internet but?
Why is it important?
ABA MODEL RULE 1.4
Sensitivity to meeting in person
Advantages/Necessities to online meeting
What are the options?
Facebook
Skype
Zoom
Citrix/VPN Apps
Troubleshooting
Things to consider
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.0 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Distance Learning: 1.0 Credits PA - Distance Learning: 1.0 Credits SC - General: 1.13 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.
Who runs it? Where is it? Will it go away? Where is all my information? Is it worth using? These questions and more are discussed in this program which helps attorneys learn about this major development in law technology and also meet ethical obligations to remain knowledgeable in this area, as stated by the ABA.
ABA Model Rule 1.1 Competence: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
Additional Cloud areas discussed include Centralized case/matter management, Document management, Time and billing, Scheduling/reporting, Contact management, Conflict checking and more.
Course Agenda
What is the "cloud"?
Cloud Benefits
Ethics behind Cloud Computing
Cloud Concerns
Cloud Tasks for Attorneys
Cloud Considerations
Cloud Computing Services
Managing Cloud Risks
Legal Specific Cloud Computing Services
Course Credit per State
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits NV - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.13 Credits TX - Ethics: 1.0 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
Business and Asset Protection Strategies in the Age of Covid-19
Business and Asset Protection Strategies in the Age of Covid-19 Details
Price:
$19.99
Course Description
than those who have not. This engaging presentation on protecting assets from plaintiffs, lenders, creditors and the government will cover lessons learned from the financial crisis of 2008 that we can apply to the current landscape, what businesses can do now to transition into the recession, and how companies and individuals can protect their assets from litigation and creditor threats. The instructor will share real-life stories and anecdotes, and will present a very practical approach to protecting assets. The discussion will also cover asset protection planning in a troubled economy, focusing on protecting assets from lenders and landlords and how to plan after a lawsuit, a default or an accident.
Course Agenda
Overview of Asset Protection
Fraudulent Transfers
Business Entities
Trusts in Asset Protection
Protecting Specific Assets
How to plan for a lawsuit
Course Credit per State
AZ - General: 1.5 Credits CA - General: 1.5 Credits CT - General: 1.5 Credits FL - General: 1.5 Credits IL - General: 1.25 Credits IN - Distance Education: 2.1 Credits NY - General: 1.5 Credits OH - Self Study: 1.25 Credits SC - General: 1.31 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.
In an overview of his program, attorney Steven A. Nielsen discusses the new definition of the former required program which focused solely on substance abuse and emotional distress, and why it is more relevant and vital to take a 'big picture' approach which considers the multiple pressures which lawyers face in their practices, from physical and
mental issues which may impair competence, such as depression, age and natural cognitive decline, to substance abuse (including cannabis), alcohol abuse and general health. He discusses mental illness, mental impairment and depression and how they may be recognized, and programs which help eliminate the stigma of mental health in the workplace. He then offers a series of practical recommendations, such as limitation of constant interruptions from email, texts and cell phones, which he call "Interruption Management," and a "buddy system" by which attorneys can informally check on each other's practices, such as compliance deadlines and other projects. He also suggests
ways in which lawyers can focus on activities to help keep a sharp focus, how to embrace physical activities with the caveat "sitting is the new smoking," improved eating habits, and how it may be necessary to sometimes say 'no' to new work in order to deliver top quality legal services and to maintain good mental and physical health.
Course Agenda
Genesis of MCLE Requirement Rule 1.1 [3-110]
Substance Abuse? New 420 Issues for 2019-2020?
Depression ? drops of water over time
The New ?Other? Categories of Impairment
Mental Issues
Physical Issues
What can we do? Prevention/Detection/Treatment
Course Credit per State
AZ - General: 1.0 Credits CA - Competence Issues: 1.0 Credits CT - General: 1.0 Credits FL - Substance Abuse: 1.0 Credits IL - Mental Health - Substance Abuse : 1.0 Credits NV - Substance Abuse: 1.0 Credits NY - substance abuse: 1.0 Credits SC - Substance Abuse: 1.0 Credits
Course Presenter(s)
Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
Course Price:
$19.99
Continued Progress in Diversity and Inclusion in the Legal Profession
Continued Progress in Diversity and Inclusion in the Legal Profession Details
Price:
$19.99
Course Description
Steven A. Nielsen objectively addresses progress made and new challenges faced by
the legal profession in the areas of diversity and inclusion. This program includes a through
review of multiple newly published articles and surveys, discernable trends, and valuable resources
available. Topics include bullying as a form of gender discrimination, and ageism and mental health as
other forms of perceived bias. He includes information on new programs that provide loan counseling and
cross-cultural competency in ABA accredited law schools, the Diverse Lawyers Trial Academy
which aims to further "first chair" opportunities for women, the Community Fund for Black Bar
applicants and the AccessLex Center for Legal Education Excellence.
Mr. Nielsen reviews new data from the ABA on diversity and the need to promote minority associates.
He notes a general cultural shift, such as in California where an ethnic studies course is required to
graduate high school. He also discusses efforts by large law firms to now allow numerous hours per year
of pre-approved Diversity and Inclusion work to count toward billable hours and bonuses and
suggests a number of courses of action to improve discussion of diversity, equity and inclusion
issues in law firms.
Course Agenda
Diversity and Inclusion, and now Equity - Have we seen progress?
Can C-suite diversity officers really make a difference?
Loan counseling and cross-cultural competency programing
What does the past literature tell us?
What does the current literature tell us?
A Summary of the Current Trends
Is Mental Health a Point of Diversity?
Bias - A Proposed Big Picture View
A Proposed Big Picture Approach
Group Bias
Discriminating
How do we reduce bias?
Bias in Action
Course Credit per State
AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits FL - General: 1.0 Credits IN - Distance Education: 1.1 Credits ND - Self Study: 1.0 Credits NH - General: 1.25 Credits NJ - Diversity Inclusion Elimination of Bias: 1.2 Credits NV - General: 1.0 Credits NY - Diversity and Inclusion: 1.0 Credits PA - Ethics: 1.0 Credits TN - General: 1.07 Credits TX - General: 1.0 Credits UT - Civility: 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
COVID-19 Legal Implications and Considerations for Businesses
COVID-19 Legal Implications and Considerations for Businesses Details
Price:
$19.99
Course Description
When a crisis hits, getting a head start matters and those who have prepared will fare better than those who have not. This engaging presentation on protecting assets from plaintiffs, lenders, creditors and the government will cover lessons learned from the financial crisis of 2008 that we can apply to the current landscape, what businesses can do now to transition into the recession, and how companies and individuals can protect their assets from litigation and creditor threats. The instructor will share real-life stories and anecdotes, and will present a very practical approach to protecting assets. The discussion will also cover asset protection planning in a troubled economy, focusing on protecting assets from lenders and landlords and how to plan after a lawsuit, a default or an accident.
Course Agenda
Overview of Asset Protection
Fraudulent Transfers
Business Entities
Trusts in Asset Protection
Protecting Specific Assets
How to plan for a lawsuit
Course Credit per State
AZ - General: 1.5 Credits CA - General: 1.5 Credits FL - General: 1.75 Credits IN - Distance Education: 1.5 Credits MO - Self Study: 1.8 Credits NY - General: 1.5 Credits TX - General: 1.5 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.
Cryptocurrency: There has been much talk about the use of
cryptocurrencies, such as Bitcoin, as the hot new investment and a fast
way of making money. But it's a very complicated process and has many
pitfalls and challenges legally. This lecture will discuss the creation
and use of cryptocurrencies, along with some of the challenges of trying
to use and maintain cryptocurrencies as a financial tool and/or
investment strategy.
Course Agenda
What is crypto currency?
Defining Bitcoin
Advantages and Disadvantages of Cryptocurrency
The Real Cost of Mining Bitcoin
CASES
Top 5 Crypto Currency Failures
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 GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits MT - 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 OH - Self Study: 1.0 Credits PA - Distance Learning: 1.0 Credits SC - General: 1.06 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.
This basic lecture helps attorneys understand the components and roles of the different types of technology available or present in the law office, what to look for as far as stats and performance is concern
Course Agenda
ABA Rule 1.1: Competence
What IS a computer?
What are computers made of?
What are peripherals?
Storage
OPERATING SYSTEMS
Printers & Scanners & OCR
Internet Types + Security
How to get the most out of your computer
Online Meetings
Document Formation
Other Internet uses
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 - Technology: 1.0 Credits IL - General: 1.0 Credits KY - General: 1.0 Credits MT - 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 SC - General: 1.0 Credits TX - General: 1.0 Credits VA - General: 1.0 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.
This program helps attorneys understand the ethical issues which surround cyber security, including protection of client data and advice lawyers should provide businesses and other clients. Mr. Jackman provides real-world examples of the issues raised in the ABA Rules and Opinions, and offers helpful guidance on how lawyers can best understand cyber security, how they can best comply with their ethical obligation to protect client information and to act promptly to stop any breach and mitigate damage resulting from the breach.
As he digs into the subject of cyber security, Mr. Jackman offers an overview of the actors involved with cyber security threats, the scope of the problem and the types of threats prevalent, (hacking, phishing, ransomware), and the risks to capital, property, business continuity, costs of response, damage to brand name, reputation and customer confidence. He discusses the tensions between privacy and security, reviews recent cyber
attacks and analyzes data breaches by types of attacks and the relevant federal regulations. Of interest is a sample security questionnaire which can be utilized to evaluate vulnerabilities and create a breach response action plan with suggested solutions for easy and affordable ways to materially help protect against cyber threats.
Course Agenda
What is Cyber Security?
How did we get here
What are the types of current threats? How big is the risk really?
Who are the targets?
Where is this leading us?
What can I do to protect myself and my business?
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - Technology: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits NY - Cybersecurity: 1.0 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.
This lecture discusses the background and substance of the Digital Millennium Copyright Act, case law surrounding it and what the implications of the DMCA are currently, plus what it might mean for the future of the Internet and Intellectual Property.
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.
Diversity and Inclusion in the Legal Profession Details
Price:
$19.99
Course Description
Attorney Steve Nielsen provides a candid assessment of where the legal profession stands in terms of diversity and inclusion, and reviews what ideas and programs have worked, and some which have not. He walks through and discusses key, topical articles and reviews the current statistical data on diversity and whether or not progress has been achieved. He suggests positive ways in which diversity and inclusion can properly and constructively be discussed in the law office and notes the important role of leadership in discussing diversity and inclusion in the office. Mr. Nielsen offers recommendations on how to effectively enhance inclusion efforts, such as mentoring and networking to help new attorneys, and includes some tips on what policies or strategies may be counter-productive He adds a list of the numerous categories of diversity which exist and which deserve attention to help create a better environment for legal professionals.
Course Agenda
What does the current literature tell us?
A Newer CLE Requirement
Pressure for Law School Ranking Hurts Women
Both Law and Medicine have Diversity Problems
National Association of Women Lawyers (NAWL):
The national Association for Law Placement (NALP) www.nalp.org
A slow and discouraging trend..
From 'Why You Should Insist on Diversity in Your Law Practice": BY SUZIE SCANLON RABINOWITZ, JANUARY 23, 2020
New Reports Are Not Encouraging
Is Mental Health a Point of Diversity?
'Belongingness'
THE DO'S OF DISCUSSING DIVERSITY
THE DON'TS OF DISCUSSING DIVERSITY
Covering the Bases of D and I
New York - Has a Diversity and Inclusion Office (D&I)
A Broader Definition of Diversity
Illinois
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 firm considered success?
Bias - A Proposed Big Picture View
A Proposed Big Picture Approach
What is Bias?
Mechanical Bias
Group Bias
What is Discrimination?
Discriminating
Discriminating Tastes
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 Judge and the Fishing Story
The Skilled Mediator Example
Bias in Action
Can we learn to withhold judgment?
Question Everything
Course Credit per State
AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits CT - General: 1.0 Credits FL - Ethics: 1.0 Credits IL - Diversity and Inclusion: 1.0 Credits IN - Distance Education: 1.0 Credits NV - Ethics: 1.0 Credits NY - Diversity and Inclusion: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits PA - Ethics: 1.0 Credits TX - General: 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
Ethical Considerations During Mediation and Arbitration
Ethical Considerations During Mediation and Arbitration Details
Price:
$19.99
Course Description
In this course we will look at the ethical considerations that should be followed during the mediation and arbitration processes. First, we will review both mediation and arbitration at a high level and investigate what roles they play in the alternative dispute resolution process. We will then look at the ethical frameworks that have been developed by the American Bar Association for mediation and arbitration. We will finish the course by exploring real world scenarios of these principles in action by investigating specific cases where these issues arose.
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:
$19.99
Ethical Considerations when Screening and Selecting New Clients
Ethical Considerations when Screening and Selecting New Clients Details
Price:
$19.99
Course Description
One of the most important yet overlooked issues in practicing law are the ethical considerations when screening and selecting new clients. If you work in a large law firm with a dedicated research department or work for a small law firm, it is important to understand the rules and nuances of new client ethics. In this course we look at what the ethical framework is that underlies these principles. We first look at conflicts of interests. Next, we examine meritorious claims and contentions. We then look at the various issues involved into going into business with or investing in a client. We examine the related concepts of competence and capacity and then lastly review the importance of not overselling a case with a potential client.
Course Agenda
Overview
Ethical Framework
Conflict of Interests
Meritorious Claims & Contentions
Going into Business With a Client
Competence
Capacity
Do Not ?Oversell? a Case
Course Credit per State
AZ - Professional Responsibility: 1.25 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits GA - Ethics: 1.5 Credits IL - Professional Responsibility: 1.25 Credits IN - Ethics: 1.2 Credits NC - Professional Responsibility: 1.0 Credits NH - Ethics: 1.25 Credits NJ - Ethics: 1.5 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.25 Credits PA - Ethics: 1.0 Credits TN - Dual: 1.23 Credits TX - Ethics: 1.25 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.
Pro bono legal representation is more critical now than ever with the issues that are with us in the challenges of the economy and Covid 19. This lecture discusses the ethical requirements of providing pro bono representation for under represented clients and why it makes such a big difference to the image and performance of the legal profession.
Course Agenda
Pro Bono: Definition
The need for Pro Bono
CASES
How to get involved
Conclusions
Course Credit per State
AK - Ethics: 1.0 Credits AL - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.0 Credits KY - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.3 Credits NV - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.08 Credits TX - Ethics: 1.0 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.
Ethical Issues During the Discovery Process Details
Price:
$19.99
Course Description
In this course we will look at the ethics of the discovery process as it pertains to Interrogatories and Document Production. First we will review what the discovery process entails and how it fits into the overall litigation picture. We will next look at the relationship between the courts and the discovery process. Next, we will look at the ABA rules and Federal Rules of Civil Procedure which are the sources of rules regarding the discovery process. We will then look in detail at various cited cases that resolved around these discovery process rules. Lastly we will look at a taxonomy of discovery abusers and investigate some practical considerations for litigators.
Course Agenda
What is the discovery process?
The Courts and Discovery
ABA Rules of Professional Responsibility
Federal Rules of Civil Procedure
Case Law
Taxonomy of Discovery Abusers
Practical Considerations
Course Credit per State
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IN - Ethics: 1.2 Credits ND - Ethics: 1.0 Credits NJ - Ethics: 1.4 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits TN - Dual: 1.17 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits VA - Ethics: 1.0 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:
$19.99
Ethical Issues for Trust, Estate & Probate Attorneys Under the California End of Life Option Act
Ethical Issues for Trust, Estate & Probate Attorneys Under the California End of Life Option Act Details
Price:
$19.99
Course Description
The California End of Life Option Act ("EOLOA" or "the Act"), operative since June 9, 2016, impacts estate, trust, and probate practice in a variety of ways. This article explains the Act's eligibility and procedural criteria and shows how potential EOLOA fact patterns can implicate certain ethical rules of professional responsibility. Specifically, this article focuses on the interaction between the EOLOA and some of the updated Rules of Professional Conduct, effective since November 1, 2018.
Course Agenda
EOLOA Eligibility Criteria & Procedures
California's End of Life Option Act (EOLOA)
Summary of Eligibility Criteria
Health & Safety Code Sec. 443.2
Key Terms
Qualified Individual
Capacity to Make Medical Decisions
Informed Decision
Terminal Disease
Self-Administer
Summary of Process: Patient Perspective
Health & Safety Code Sections 443.3, 443.5-443.7
Requirements for Patient's Written Request
Who Can be a Witness?
Summary of Process: Physician Perspective
EOLOA: Estate Planning
Donative Transfers Presumed Invalid
Care Custodian
Health & Social Services
Dependent Adult (Senior)
Dependent Adult (Non-Senior)
EOLOA & Care Custodian
Care Custodian as Heir?
EOLOA: Safe Harbor
EOLOA: Criminal Conduct
EOLOA & Cal. Rules of Professional Responsibility
Ethical Issue #1: Diligence
(as of November 10, 2018)
Fact Pattern: Diligence
Ethical Analysis
Ethical Issue #2: Confidential Information of a Client
(as of November 10, 2018)
Fact Pattern: Permissive Disclosure of Client Information
Ethical Analysis
Ethical Issue #3: Conflict of Interest -
Current Clients
(as of November 10, 2018)
Directly Adverse
Significant Risk?
Materially Limit
Financial, Family, or Intimate
Relationships
Fact Pattern: Avoiding the Representation of Adverse Interests
Ethical Analysis
Course Credit per State
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Legal Ethics: 1.0 Credits TX - Ethics: 1.0 Credits
Course Presenter(s)
Ariana Perfecto
Ariana M. Perfecto is an attorney at Lagerlof, LLP in Pasadena, California. She focuses on estate planning and trust administration. Ms. Perfecto earned her Juris Doctor from Pepperdine University School of Law. The California Trusts and Estates Quarterly recently published her article entitled, "The Practitioner's Guide to Preserving the Latino Legacy."
Course Price:
$19.99
Ethical Issues When Taking or Defending Depositions
Ethical Issues When Taking or Defending Depositions Details
Price:
$19.99
Course Description
In this course we will look at the ethics of the taking and defending depositions. First, we will review what the deposition process entails and how it fits into the overall litigation picture. We will next look at common unethical behaviors during depositions and investigate the breadth of the problem. Next, we will look at the ABA rules which are the sources of rules regarding the discovery process. We will then look in detail at various cited cases that illustrate unethical behavior during depositions. Lastly, we will look some practical considerations for litigators in dealing with ethical abusers during depositions and also ways to look at our own behavior.
Course Agenda
Depositions Overview
Unethical Behavior During Depositions
ABA Rules of Professional Conduct
Case Law
Practical Considerations
Course Credit per State
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.1 Credits ND - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.3 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits PA - Ethics: 1.0 Credits TN - Dual: 1.07 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits VA - Ethics: 1.0 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.
The crux of the Freedom of Information Act (5 U.S.C. Sec. 552) is to make Federal agencies accountable for information disclosure policies and practices. While the Act does not grant an absolute right to examine government documents, it does establish the right to request records and to receive a response to the request. If a record cannot be released, the requester is entitled to be formally advised of the reason for the denial. The requester also has a right to appeal the denial and, if necessary, to challenge it in court. Consequently, access to information of the Federal Government can no longer be controlled by arbitrary or unreviewable actions of a hidden bureaucracy. This program introduces attorneys to FOIA and (includes a discussion of FOIA and Environmental Law)
Course Agenda
Historical Overview of the Freedom of Information Act (5 U.S.C. Sec. 552)
How to make information requests
What types of records can be obtained using FOIA
FOIA Fee Waivers
Time frames for the government to respond to a request for public records
Exemptions from disclosure
Request Strategies
Department of Justice and State and Government Websites
How FOIA can best be used to serve the interests of clients, the public and our democracy.
Course Credit per State
AZ - General: 2.0 Credits CA - General: 1.75 Credits CT - General: 2.0 Credits FL - General: 2.0 Credits IL - General: 1.75 Credits IN - Distance Education: 1.8 Credits MO - Self Study: 2.1 Credits NY - General: 2.0 Credits OH - Self Study: 1.75 Credits SC - General: 1.8 Credits
Course Presenter(s)
Pete Sorenson
With more than 30 years as an attorney, lawyer and advocate, I am licensed to practice law in the District of Columbia and the State of Oregon. I specialize in the Freedom of Information Act (FOIA) law and help journalists, authors, nonprofits, for profit businesses, and others to access federal government records. I assist clients with FOIA Requests, Administrative Appeals, Judicial Reviews and FOIA litigation.
In addition to assisting clients, I speak and lecture on FOIA, most recently at the Appalachian Public Interest Environmental Law (APIEL) Conference in Tennessee, University of Georgia School of Law, and at University of Tennessee College of Law.
Public and civic service is a cornerstone, with earlier careers working for a member of Congress and as Special Assistant to the Secretary of Agriculture. I am currently serving my 24th year as an elected Commissioner on the Lane County Board of Commissioners in Eugene, Oregon. Prior to that, I served in the Oregon State Senate. My political and civic experience adds a depth and understanding to my FOIA work that is unique among lawyers.
RECENT FOIA CASES: (2016 ? Present)
Food and Drug Administration: assisted journalist in obtaining the calendar of a crucial FDA official
Central Intelligence Agency: obtained records for a journalist writing on the activities of a prominent CIA official, used in questioning President's nominee for CIA Director
Environmental Protection Agency: made request for client; assisted company in obtaining a report of a competitor's product performance
Central Intelligence Agency: made request, filed administrative appeal and judicial review; assisted in obtaining records of a client's father's service in the CIA
Bureau of Land Management: on behalf of a nonprofit organization, filed judicial review, obtained records and then obtained significant judgment for attorneys' fees for that work
Agricultural Marketing Service: filed judicial review; assisted nonprofit organization in obtaining records and then obtained judgment for attorneys' fees for that work February 6, 2020
Federal Bureau of Investigation: filed request and administrative appeal on behalf of an individual seeking DNA evidence in criminal matter; obtained records; matter pending
Centers for Medicare and Medicaid Services: assisting client in obtaining records held by CMS (in progress)
Environmental Protection Agency: filed judicial review, obtained records, and obtained settlement of attorneys' fees for engineering firm needing data and reports
CURRENT WORK:
1997 ? Present Elected County Commissioner, Lane County Board, Eugene, Oregon
1982 ? Present Attorney and Owner, Sorenson Law Office, Eugene, Oregon
PAST EXPERIENCE:
2005 ? 2006 Adjunct Professor, School of Law, University of Oregon
1993 ? 1997 Oregon State Senator (Member of Judiciary Committee), Salem, Oregon
1984 ? 1985 Visiting Professor, Department of Geography, University of Oregon
1983 ? 1984 Instructor, Dept. of Planning, Public Policy and Management, University of Oregon
1981 ? 1982 Volunteer Prosecutor, Lane County District Attorney's Office, Eugene, Oregon
1979 ? 1982 Law Clerk, Dwyer Simpson and Wold, Attorneys, Eugene, Oregon
1977 ? 1979 Special Assistant, Office of the Secretary of Agriculture, Washington, DC
1974 ? 1977 Legislative Assistant, Congressman Jim Weaver (Oregon), Washington, DC
EDUCATION:
1996 ? Certificate of Completion, Program for America's Emerging Political Leaders, Darden School, University of Virginia, Charlottesville, Virginia
1982 ? J.D. University of Oregon School of Law, Eugene, Oregon
1979 ? M.A. University of Oregon Geography Department, Eugene, Oregon
1973 ? B.A. University of Oregon Geography Department, Eugene, Oregon
1972 ? A.A. Southwestern Oregon Community College, Coos Bay, Oregon
BAR MEMBERSHIPS:
1994 United States District Court for the District of Columbia
1993 United States Court of Appeals for the District of Columbia Circuit
1993 District of Columbia Court of Appeals
1991 Supreme Court of the United States of America
1984 United States Court of Appeals for the Ninth Circuit
1983 United States District Court for the District of Oregon
FOIA: Freedom of Information Act - 2021 Update Details
Price:
$29.99
Course Description
Presentation Goals: To help attorneys - in all fields of practice - learn how to more successfully navigate the FOIA process to better support their clients
Course Agenda
The phases/steps of the FOIA process
Background and Purpose of FOIA
Practical tips to increase the success of a FOIA request
Provide practical tips for the administrative appeal and judicial review phases
Increase the likelihood of a reasonable attorneys? fees shift award
Course Credit per State
AL - On-Demand: 2.0 Credits AZ - General: 2.0 Credits CA - General: 2.0 Credits FL - General: 2.5 Credits GA - Self Study: 2.0 Credits IL - General: 2.0 Credits KY - General: 2.0 Credits MT - Self Study: 2.0 Credits NC - General: 2.0 Credits ND - Self Study: 2.0 Credits NH - General: 2.0 Credits NJ - General: 2.5 Credits NY - General: 2.0 Credits OK - Distance Learning: 2.5 Credits PA - Distance Learning: 2.0 Credits TX - General: 2.0 Credits
Course Presenter(s)
Pete Sorenson
With more than 30 years as an attorney, lawyer and advocate, I am licensed to practice law in the District of Columbia and the State of Oregon. I specialize in the Freedom of Information Act (FOIA) law and help journalists, authors, nonprofits, for profit businesses, and others to access federal government records. I assist clients with FOIA Requests, Administrative Appeals, Judicial Reviews and FOIA litigation.
In addition to assisting clients, I speak and lecture on FOIA, most recently at the Appalachian Public Interest Environmental Law (APIEL) Conference in Tennessee, University of Georgia School of Law, and at University of Tennessee College of Law.
Public and civic service is a cornerstone, with earlier careers working for a member of Congress and as Special Assistant to the Secretary of Agriculture. I am currently serving my 24th year as an elected Commissioner on the Lane County Board of Commissioners in Eugene, Oregon. Prior to that, I served in the Oregon State Senate. My political and civic experience adds a depth and understanding to my FOIA work that is unique among lawyers.
RECENT FOIA CASES: (2016 ? Present)
Food and Drug Administration: assisted journalist in obtaining the calendar of a crucial FDA official
Central Intelligence Agency: obtained records for a journalist writing on the activities of a prominent CIA official, used in questioning President's nominee for CIA Director
Environmental Protection Agency: made request for client; assisted company in obtaining a report of a competitor's product performance
Central Intelligence Agency: made request, filed administrative appeal and judicial review; assisted in obtaining records of a client's father's service in the CIA
Bureau of Land Management: on behalf of a nonprofit organization, filed judicial review, obtained records and then obtained significant judgment for attorneys' fees for that work
Agricultural Marketing Service: filed judicial review; assisted nonprofit organization in obtaining records and then obtained judgment for attorneys' fees for that work February 6, 2020
Federal Bureau of Investigation: filed request and administrative appeal on behalf of an individual seeking DNA evidence in criminal matter; obtained records; matter pending
Centers for Medicare and Medicaid Services: assisting client in obtaining records held by CMS (in progress)
Environmental Protection Agency: filed judicial review, obtained records, and obtained settlement of attorneys' fees for engineering firm needing data and reports
CURRENT WORK:
1997 ? Present Elected County Commissioner, Lane County Board, Eugene, Oregon
1982 ? Present Attorney and Owner, Sorenson Law Office, Eugene, Oregon
PAST EXPERIENCE:
2005 ? 2006 Adjunct Professor, School of Law, University of Oregon
1993 ? 1997 Oregon State Senator (Member of Judiciary Committee), Salem, Oregon
1984 ? 1985 Visiting Professor, Department of Geography, University of Oregon
1983 ? 1984 Instructor, Dept. of Planning, Public Policy and Management, University of Oregon
1981 ? 1982 Volunteer Prosecutor, Lane County District Attorney's Office, Eugene, Oregon
1979 ? 1982 Law Clerk, Dwyer Simpson and Wold, Attorneys, Eugene, Oregon
1977 ? 1979 Special Assistant, Office of the Secretary of Agriculture, Washington, DC
1974 ? 1977 Legislative Assistant, Congressman Jim Weaver (Oregon), Washington, DC
EDUCATION:
1996 ? Certificate of Completion, Program for America's Emerging Political Leaders, Darden School, University of Virginia, Charlottesville, Virginia
1982 ? J.D. University of Oregon School of Law, Eugene, Oregon
1979 ? M.A. University of Oregon Geography Department, Eugene, Oregon
1973 ? B.A. University of Oregon Geography Department, Eugene, Oregon
1972 ? A.A. Southwestern Oregon Community College, Coos Bay, Oregon
BAR MEMBERSHIPS:
1994 United States District Court for the District of Columbia
1993 United States Court of Appeals for the District of Columbia Circuit
1993 District of Columbia Court of Appeals
1991 Supreme Court of the United States of America
1984 United States Court of Appeals for the Ninth Circuit
1983 United States District Court for the District of Oregon
More than ever we are seeing current events that are drawing conflicts between the First Amendment and Social Media-- should Social Media be regulated? If so, should it be done by the company or by the government? And how much regulation is too much? These and many more questions will be investigated by this seminar.
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.
Gambling as an Addiction - Not Worth the Gamble Details
Price:
$19.99
Course Description
Gambling has become more present and easier to do in recent years, with many new forms of gambling existing and new ones coming on the horizon. Attorneys or their friends or family who may fall victim to the addiction of gambling may be unsure of the signs or what to do to deal with the problem. This lecture talks about how attorneys can identify the professional threats to their practice that could come from a gambling addiction, the laws regarding online gambling and what resources there are available to attorneys to help alleviate the problem.
Course Agenda
Gambling
Gambling As An Addiction
What Makes Online Gambling More Dangerous?
Is the Site I am using legal?
CASES
Solutions?
Course Credit per State
AZ - General: 1.5 Credits CA - Competence Issues: 1.0 Credits FL - General: 1.5 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits MT - Self Study: 1.0 Credits NC - General: 1.0 Credits NH - General: 1.0 Credits NJ - General: 1.4 Credits NV - Substance Abuse: 1.0 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Distance Learning: 1.0 Credits PA - Distance Learning: 1.0 Credits TX - General: 1.25 Credits VA - General: 1.0 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.
One of the most important copyright and fair use cases of our time has been Google LLC v.
Oracle America, Inc. This case has worked its way through many levels of courts while
examining two key concepts: Are Application Programming Interfaces copyrightable and if they
are, is copying them fair use? This course looks at these two concepts in detail and provides
arguments from Oracle's and Google's advocates on both key topics.
Course Agenda
Background and Technical Context
Two important issues
Arguments that APIs are copyrightable
Arguments that APIs are not copyrightable
Fair Use Doctrine
Arguments that Android using the API was fair use
Arguments that Android using the API was not fair use
Michael W. Carroll is a Professor of Law and Director of the Program on Information Justice and Intellectual Property at American University's Washington College of Law.[1][2] Carroll is one of the founding Board Members of Creative Commons, a not-for-profit organization devoted to expanding the range of creative work available for others to legally build upon and share.[1] He also is a member of the Board of Directors of the Public Library of Science PLOS and served on the National Academy of Sciences' Board on Research Data and Information from 2008 to 2013.
This lecture discusses the role of Client Relationship Management Software) CRMS for the modern law office, strategies on how using the CRMS can be used to increase the efficiency and effectiveness of today's legal practice, which leads to a more streamlined and efficient law office. We talk about types of CRMS systems, how they work and how to integrate them into your practice.
Course Agenda
ABA Rule 1.1 Competency
What is a CRM?
THE CRM PROCESS
CRM strategies/advice
CRM Features you should be aware of
Other Factors
Basic CRM: Outlook & Google Apps
Disadvantages: Outlook & Google Apps
Other Popular Systems
ABACUS LAW
AMICUS ATTORNEY
NEEDLES
CLIO
MYCASE
Conclusions
Course Credit per State
AZ - General: 1.25 Credits CA - General: 1.25 Credits FL - Technology: 1.5 Credits GA - Self Study: 1.0 Credits IL - General: 1.25 Credits IN - Distance Education: 1.3 Credits ND - Self Study: 1.25 Credits NH - General: 1.25 Credits NJ - General: 1.5 Credits NY - General: 1.25 Credits OH - Self Study: 1.25 Credits OK - Distance Learning: 1.5 Credits TX - General: 1.25 Credits VA - General: 1.0 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.
Implicit Bias and Bias-Reduction Strategies Details
Price:
$19.99
Course Description
Having presented MCLE programs in the areas of "Elimination of Bias in the Legal Profession" and "Diversity, Inclusion and Equity" for over a decade, attorney Steven A. Nielsen has witnessed the importance of these issue grow, along with the statistical data and measurement of progress. In this presentation, Mr. Neilsen focuses on "Implicit Bias," and the promotion of bias-reducing strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system. Among specific Implicit (or "Subconscious") Biases which he addresses are "Ageism," and "The Halo Effect." He discusses the impact these biases have on the legal profession and society writ large, on individual lawyers and their practices, and scenarios in which they can impact the courtroom and the law firm workplace.
Course Agenda
Course Credit per State
AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits FL - Professionalism: 1.0 Credits IL - Diversity and Inclusion: 1.0 Credits ND - Self Study: 1.0 Credits NH - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits TN - Dual: 1.08 Credits TX - General: 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.
The field of Intellectual property is an ever-changing area of law. This lecture will talk about the basic concepts behind IP law including Patents, Trademarks and Copyrights, what they cover and what potential limits and conflicts can be in enforcing them.
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.15 Credits TX - General: 1.0 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.
This program offers to the legal professional a treasure trove of Information Technology tips, tricks and advice on how to upgrade your law office, legal department or legal assistant practice and get the most out of your (limited) technology budget!
Course Agenda
Is It Time to Upgrade?
Windows 10: Does upgrading make sense?
Windows 10 Upgrade Assistant
What are the costs?
What should I upgrade? What should I keep in place?
Backups
Cloud
Cloud Services
ANTIVIRUS/FIREWALLS
Security Tips
Examples of "Fake Antivirus" or "PC tool Ransomware"
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.
In this important lecture, Russell Jackman, Esq. talks about identifying the largest drug crisis of modern times: Opioid Addiction. He talks about identifying it, the problems involved, possible solutions and his own personal experience dealing with Opioids when he was injured significantly in 2016 and in 2020.
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.
San Francisco Bay Area based Entertainment Law attorney Mark A. Pearson of ARC Law Group discusses the fundamentals of copyright in the music industry, focusing on the foundation of "two copyrights and six royalty streams." Mark breaks down how to protect written and recorded music and provides insights into how each is monetized. Topics include an overview of U.S. Copyright Law, protection of copyright rights, how to effectively work with producers/songwriters, performing rights societies, and licensing. He also discusses streaming royalties and changes under the Music Modernization Act. This program is designed to help attorneys who may already represent artists and other industry professionals, or who may have the opportunity to do so, understand the basics of music copyright and the implications of new content-delivery technologies.
Course Agenda
Two Music Copyrights
Six Revenue Streams
Composition
Sound Recording
Copyright Duration
Copyright Registration
Music Copyright - 2x6
Music Streaming
Course Credit per State
AK - Voluntary: 2.0 Credits CA - General: 1.5 Credits CT - General: 1.5 Credits FL - General: 2.0 Credits IL - General: 1.5 Credits IN - Distance Education: 1.7 Credits ME - Self Study: 1.66 Credits MO - Self Study: 2.0 Credits MT - Self Study: 1.5 Credits NY - General: 2.0 Credits PA - Distance Learning: 1.5 Credits SC - General: 1.68 Credits
Course Presenter(s)
Mark A. Pearson
Mark A. Pearson is the principal counsel at ARC Law Group, a law firm focused on advising Creative, Talented and Entrepreneurial clients in the areas of business, entertainment, sports and technology law. Following his career as an award-winning television producer, Mark spent the past decade advising some of the hardest working acts in the music biz, including international touring artists Con Brio, Front Country and DJ Mark Farina, as well as, up and coming acts such as Barrio Manouche and Ellise. In addition to his work in the music industry, Mark served as production counsel for Academy Award nominee, Borrowed Time and was recently awarded the Governor's Citation Medallion for his service to the National Academy of Television Arts & Sciences (Emmy® Award). Based in the San Francisco Bay Area, but with clients in Los Angeles, Chicago, New York and Nashville, Mark also advises leading entertainment-technology disruptors like TuneGo, Caffeine and Fandor.
In this engaging session, led by Rob Christopher, AV Preeminent rated litigation attorney, General Counsel, and entrepreneur, you will learn when and how you can use an innovative approach to address limited stakes legal disputes in a way that is cost-effective for clients.
The approach, Neutral-Driven (Nonadversarial) Dispute Resolution (NDR) provides attorneys and their clients with an alternative to litigation, arbitration, or mediation for resolving cases in which potential legal and related costs threaten to consume the amount at stake.
Based on his 40+ year career as a successful litigator, businessperson, and now General Counsel, Rob uses thoughtful analysis and real world examples to demonstrate both ethical reasons to consider NDR and long-term practical value to incorporating this approach into your practice.
The program covers what NDR is, how it works, where it comes from, how it differs from arbitration and mediation, and where it fits and doesn?t fit. In the process, Rob gives hands-on demonstrations of assessment tools you can use to determine if NDR makes sense in a particular case. The program concludes with clear takeaways on when and how you can use Neutral-Driven Dispute Resolution for real and lasting wins with your clients.
Rob's entertaining style and innovative and ethical approach to addressing limited stakes disputes make this a must-take session for all client-centric attorneys.
Course Agenda
Why an innovative approach is needed for limited stakes cases
The growing gap these cases cause in American civil justice
The Neutral-Driven Dispute Resolution Process
How NDR delivers value to client and attorney
Estimating the total costs of litigation for your case
When and how to access NDR to win with your clients
Rob Christopher is an AV Preeminent rated litigation and trial attorney who served as Northern California Managing Partner of international law firm Coudert Brothers and later litigation Counsel with Bay Area law firm Hopkins & Carley. Currently he is General Counsel of his family?s farming business, Christopher Ranch LLC, and Founder and Managing Director of independent neutral service Just Resolve LLC.
Rob earned his JD at the University of California at Davis, and an AB with Honors in Economics at Stanford University. He has also been a mediator, arbitrator, and settlement judge in California superior courts and is admitted to practice before numerous federal district and appellate courts, and the U.S. Supreme Court. 41 years married and now a grandfather of 4, over the last decade Rob has developed and now champions a new approach to delivering cost-effective justice in common limited-stakes legal disputes using a neutral-driven nonadversarial resolution process (NDR). Learn more at www.justresolve.com..
Changes in the composition of the National Labor Relations Board have led to changes in workplace law. The scope of employees? protected activity as well as employers? rights to set policy and to manage the workforce are in flux. More change is anticipated as the NLRB looks at setting new standards for union organizing, workplace access of union representatives, use of electronic communications, and the scope of protected employee dissent. In case rulings, guidance memos, and proposed regulations, this is a time of change labor and employment law practitioners need to follow.
Course Agenda
The National Labor Relations Act vests employees with rights under Section 7 to engage in activities relating to unions, mutual aid and protection on wages, hours, and terms and conditions of employment, or to refrain from such activity.
The NLRB has two principal functions pursuant to the NLRA:
enforcing laws to ensure that workers may freely exercise their rights under Section 7 of the National Labor Relations Act (the Act) without any interference from employers or unions, and
holding secret ballot elections at which workers can choose whether to have a union represent them.
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 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: 1.1 Credits MO - Self Study: 1.3 Credits MT - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits SC - General: 1.11 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.
This course talks about the growing need for civility training and awareness regarding maintaining civility, especially with today's modern online environment. Special attention is paid to the 2Civility program by Illinois and real life examples of civility experiences with an interview of a mediation attorney, Joann Babiak.
Course Agenda
Lawyers Image
Lack of Civility = National Problem
How Prevalent is it?
Illinois Example of Civility in Practice
California Attorney Guidelines of Civility and Professionalism
Civility in the Practice of Law
Ways to Maintain Civility
Advice from Joann Babiak, mediator
SECTION 17 PRIVACY
Why is online civility different?
The Negative Results of Online Harassment
Advice
ATTORNEY?S PLEDGE
Course Credit per State
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Professionalism: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Distance Education: 1.0 Credits NJ - General: 1.3 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits TX - General: 1.0 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.
Paperless Office and E-Discovery Techniques Details
Price:
$19.99
Course Description
Attorneys need to find a way in today's high-tech environment to leave the mountains of paperwork behind them and free themselves with today's technology from being tied to paper all the time. This lecture will discuss the ethical and economic advantages of moving to an all-electronic format for most documents and how that can be accomplished.
Course Agenda
Tips for reducing paper use in the law office
Scanning Tips
Email ? The World?s Communication Tool
Benefits of Electronic Discovery
Benefits of Electronic vs. Paper Review
Electronic Discovery is Essential Because Corporate Data is ?Invisible?
Legal Authority Supporting Modern Discovery Practices
Preservation Only Required for Relevant Data
FRCP 30(b)(6)
Key Federal Discovery Rules
Electronic Discovery Cases
Consequences of Spoliation
Electronic Storage Capacity
Boxes of Bytes
Traditional eDiscovery Model: Project vs. Process Based
The New Frontier ? Electronic Data Discovery
Paper Production
What you see is what you get
Electronic Discovery
Getting more than what?s on paper
Metadata in Email
?Live? Word Document with Tracking On
Printed Spreadsheet
The Electronic Discovery Process
Electronic Discovery Defined
Electronic Documents Include
Modern Evidence Input Devices
Data Preparation
Data Collection and Preservation
Approximate CO$T$ OF EDD AND SCANNING SERVICES
The Need for Continuous Training and Consulting
Checklist for hiring a trainer for your firm
Further Resources
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - Technology: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.1 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Distance Learning: 1.0 Credits SC - General: 1.11 Credits TX - General: 1.0 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.
This course is designed to provide information for all attorneys with a general interest in
Patent Law as well as those with clients who may have an idea with patent
implications which they might like to explore. Although many areas of Patent Law
do not often change, with advances in technology, medicine and other areas, along
with general updates in rules and regulations specific to Patent Law Practice, this program addresses developments in those areas. Patent Law is a dynamic practice area and Mr. Nielsen's program discusses basic issues and concepts in an easy to understand and enjoyable fashion
Course Agenda
Goals of This Presentation
Understand:
1. What is a patent?
2. What might be patentable in 2021?
3. Important deadlines
4. What patent work you may perform?
5. What patent work (or patent punishment) is reserved for registered patent attorneys?
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.
The objective of this presentation is to identify and discuss key legal and social issues in
the context of today's volatile society, with an emphasis on limitations on the use of
force and legal remedies in response to police misconduct. The presenter discusses how current events give rise to cases in numerous legal areas, from Civil Rights violations, Constitutional Law, including freedom of speech and lawful (and unlawful) protests, and liability for damages from both protests and police misconduct. Moreover, the presenter discusses topical issues of vital importance, such as the ?defund? movement, which runs along a spectrum, from those in Minneapolis who would disband and rebuild their police department (on the theory that the current department?s culture is too pervaded by racism and violence), to those in New York City or Los Angeles who advocate reallocation of spending and reform of police practices. Ultimately these issues end up in Court, where lawyers must be leaders and help society solve these complicated issues. This program aims to increase awareness of the critical legal issues involved.
Course Agenda
Problem: No trust.
How to restore trust?
Follow the law.
Transparency + Accountability = Trust
Access to justice?
Purpose of Justice system?
Duty of law enforcement?
Social Contract: Safety and security in exchange for compliance with the law.
Follow the law, receive safety and security.
Reduced safety and security increases desperation.
Desperate people behave desperately.
Constitutional Imperative:
Equal Protection under the law.
Substantive Due Process: Life, Liberty & Property.
Greg Woods received his Doctor of Jurisprudence from San Francisco Law School and holds a Bachelor of Arts from San Jose State University. At San Francisco Law School Greg was a recipient of the Bernard Witkin Award for academic excellence in Contracts Writing and was an editorial staff member with the San Francisco Law Review. He served as a Certified Legal Intern with the Office of the District Attorney in San Francisco.
Greg Woods presently serves as Lecturer with the Department of Criminal Justice Studies at San Francisco State University and was recently named Lecturer of Justice Studies at San Jose State University and at the Department of Criminology Studies at Sonoma State University.
As an educator, constitutional scholar, law enforcement/legal trend watcher and student of history, Greg constantly seeks and receives information from a wide variety of sources and is in the forefront as a commentator on topical issues in Criminal Law.
Outside the classroom, Greg has been acknowledged by former students at the annual San Francisco State Scholar Athlete Reception as a faculty member who ?made a valuable impact on their academic life.?
Whether being used as a mediation/negotiation tool or for opening/closing statements in court, PowerPoint has many features and strategies that allow attorneys to create a better impression for their cases, when used in the correct fashion. This course not only talks about features that can be used to help attorneys win cases but also strategies that make these features more effective on a specifically legal-based audience such as a jury in court.
Course Agenda
Why PowerPoint?
How Does PowerPoint Work?
Visuals
Templates
Techniques
General PowerPoint Strategies
Start Digital to Stay Digital
Backgrounds/Watermarks
Highlighting Documents
TIMELINES
Organizational Charts
Google Maps/Street View
Projector tips: 2500 lumens or better
Export/Save as Video/Package for CD
Work Collaboratively/Cloud?
Rehearse, Rehearse & Rehearse (and have a backup plan!!!)
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
Progress in Diversity and Inclusion in the Legal Profession
Progress in Diversity and Inclusion in the Legal Profession Details
Price:
$19.99
Course Description
The 2020 Model Diversity Survey Report, released by the ABA Commission on Racial and Ethnic Diversity in the Profession, is the first ABA report on diversity, equity and inclusion in law firm practice, according to an ABA press release. The survey is based on three years of data. In short, the Report states that while more minorities are getting hired as associates, law firm leadership is mostly white and male because of a diversity ?bottleneck? and higher rates of minority attrition.
In this program, attorney Steven A. Nielsen reflects upon what the Report means in terms of the lack of the progress it describes. The focus of this presentation, however, is to provide a long-range perspective on this important subject and to highlight progress which the profession has made. He offers information on new, innovative programs which have been developed to address the inequities outlined in the ABA report and in society at large, and concrete steps which can help Diversity and Inclusion issues to be successfully addressed in the law office environment. Mr. Neilsen's candid assessment of the data, coupled with a review of how new Diversity and Inclusion programs and educational awareness have helped the profession make progress, makes for an informative and stimulating presentation.
Course Agenda
A Newer CLE Requirement Have we seen progress?
Innovative Ideas in Diversity
The Community Fund for Black Bar Applicants
The AccessLex Center for Legal Education Excellence
What Does The Past Literature Tell Us?
The Past Literature: Pressure for Law School Ranking Hurts Women
The Current Thinking
In Past Studies: Both Law and Medicine have Diversity Problems
What Does the Current Literature Tell Us?
A Summary of the Current Trends
Coca-Cola and Cisco
A Big Picture View
Is Mental Health a Point of Diversity?
?Belongingness?
The Do?s of Discussing Diversity
The Don?ts of Discussing Diversity
Covering the Bases of D and I
New York - Has a Diversity and Inclusion Office (D&I)
A Broader Definition of Diversity
Illinois
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 Firm Considered Success?
Bias - A Proposed Big Picture View
What is Bias?
Mechanical Bias
Group Bias
Discriminating
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 Judge and the Fishing Story
The Skilled Mediator Example
Bias in Action
Can we Learn to Withhold Judgment?
Question Everything
Course Credit per State
AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - Diversity and Inclusion: 1.0 Credits IN - Distance Education: 1.0 Credits NH - General: 1.0 Credits NJ - Diversity Inclusion Elimination of Bias: 1.2 Credits NV - Ethics: 1.0 Credits NY - Diversity and Inclusion: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.0 Credits TX - General: 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
Security and Confidentiality for Providing Legal Services Remotely
Security and Confidentiality for Providing Legal Services Remotely Details
Price:
$19.99
Course Description
For lawyers, securing client information is of paramount importance and there can be severe risks that come from not doing so. However, most law firms are not adequately prepared in terms of cybersecurity because they do not invest in the tools necessary to prevent the inadvertent disclosure of, or unauthorized access to, client data. Failure to do so can be devastating for any law firm and the shift to working remotely due to COVID-19 has exacerbated the probability of these problems occurring. This program aims to elucidate the importance of cybersecurity for attorneys who are providing legal services from home and how to protect that legal data from potential cyberattacks.
Joshua Lenon is an attorney admitted to the New York Bar. He studied law at St. Louis University School of Law, obtaining a J.D. degree and a certificate in international and comparative law. During this time, Joshua clerked for the Missouri Attorney General, helping prosecute discrimination claims on behalf of Missouri citizens. He also studied European union law at the University of Georgia School of Law's Brussels Legal Seminar. Joshua has since helped legal practitioners improve their services, working for Thomson Reuters' publishing departments in both the United States and Canada. He currently serves as lawyer-in-residence for Clio, providing legal scholarship and research skills to the leading cloud-based practice management platform.
Sexual Harassment, Attorneys and Social Media Details
Price:
$19.99
Course Description
Recent events show that the issue of sexual harassment in all
areas, specifically the legal field, needs to be addressed. This
discussion addresses the costs of sexual harassment, how the growth of
social media can create harmful sexual harassment situations and how
attorneys can utilize social media to help fight it.
Course Agenda
Sexual Harassment: The Numbers
The Costs of Harassment
ABA Rule 8.4 (g)
Social Media makes it easier to harass
Yik Yak: A Social Media Harassment Case Study
What can be done?
Can Social Media Help?
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 NJ - Diversity Inclusion Elimination of Bias: 1.2 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits OK - Legal Ethics: 1.0 Credits TX - General: 1.0 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
Sophisticated Planning for High Net Worth Individuals
Sophisticated Planning for High Net Worth Individuals Details
Price:
$19.99
Course Description
Transactions and Asset Protection, discusses trends and developments in a number of important areas. He reviews in detail how the drafting of irrevocable trusts has changed over the last 10 years and how to best structure these instruments to allow for greater flexibility through the use of a "trust protector." He discusses how irrevocable trusts can be used to protect assets, to provide privacy for assets, to enhance tax planning and their use in offshore planning. He describes the use of LLCs and which states may be the most advantageous for LLC/trust formation. He discusses specific trust provisions, asset protection with both domestic and foreign trusts, and which types of trusts may be most useful for assets which may be expected to appreciate in value, like start-ups. Additional topics include international tax planning, structuring foreign investment in the U.S., pre-immigration tax planning, and which offshore jurisdictions may be favored.
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.
Structuring foreign investment in the U.S. is a hot topic. With lots of money pouring into the U.S. from the BRIC countries a lot of practitioners find themselves representing foreign clients. Representing such clients requires an understanding of U.S. taxation of foreigners and choice of entity. The discussion of U.S. taxation of foreign investment in the U.S. will provide an overview of effectively connected income, FDAP withholding, FIRPTA withholding, treaty application, branch profits tax and residence tests. Particular attention will be devoted to appropriate entity structures, including onshore-offshore hybrid structures.
Course Agenda
Structuring U.S. Inbound Investments
Inbound Taxation Investment Structures for Foreign Investors
Direct investment
LLC or LP
Domestic corporation
Foreign corporation
Foreign corporation - domestic corporation (or U.S. LLC taxed as a corporation
Income Taxation of Inbound Investments
Residence for income tax purposes
Nonresident alien vs U.S. tax resident
U.S. tax residence is determined based on physical presence in the U.S. or immigration status as a green-card holder
Individuals who are U.S. tax residents are taxed on their worldwide income
NRAs and foreign corporations taxed on investment income from U.S. sources and income from a U.S. trade or business
Domestic corporations are taxed on a new quasi-territorial tax system
Inbound Taxation
NRA Tax Rules
Withholding tax on passive income (FDAP)
Ordinary taxation of business income (ECI)
Capital gains, bank interest, portfolio interest
Foreign Investment in Real Property Tax Act of 1980 (FIRPTA)
Branch profits tax
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits NY - General: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
The Coronavirus epidemic has been wildly disruptive to many aspects of our lives and
professions and conduction depositions is no exception. Virtual depositions are now standard
and routine and are likely to remain ubiquitous even once the epidemic has abated. In this
course we look at depositions generally from an overview perspective and then examine both
the advantages and disadvantages of virtual definitions. Some important case law examples
are explored and then we conclude with some practical considerations when conducting virtual
depositions.
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:
$19.99
Technology and Bias - Spreading it and Stopping it
Technology and Bias - Spreading it and Stopping it Details
Price:
$19.99
Course Description
This lecture deals with how technology both spreads and helps eliminate conscious and unconscious bias in the legal profession, and what can be done to continue to use technology to identify and eliminate patterns of bias while being aware of how the wrong use of technology can unfortunately help spread it.
Course Agenda
Conscious vs Unconscious Bias
UCSF Study
AI & Its role in determining bias
Using technology to fight bias
Bias for not using technology
Technology & Age Bias
Sexual Bias
Economic Bias
Cultural Bias
Solutions?
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - Elimination of Bias: 1.0 Credits FL - Technology: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits MT - Self Study: 1.0 Credits NJ - Diversity Inclusion Elimination of Bias: 1.4 Credits NY - General: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits PA - Distance Learning: 1.0 Credits SC - General: 1.13 Credits TX - General: 1.25 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.
The California Privacy act was put in place in 2018 but is being enforced now in 2020. Learn about how this law changes your practice and what you can do to prepare your law office and clients to deal with this (and soon to be in many other States) Privacy act, in both a technological & contractual way to avoid pitfalls and clarify with clients how their data will be protected.
Course Agenda
How did we get here?
Greater threats than ever before
Rule 1.6 Confidential Information of a Client
(a) A lawyer shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) unless the client gives informed consent?
Rule 1.4 Communication with Clients
What is the CA Privacy Act
Who is covered?
What data is covered?
What is a Data Broker?
How do I comply?
Tech Solutions
Contractual Solutions
Why get a specialist?
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits TX - General: 1.0 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.
Through the Smoke: Legal Trends and Gun Violence Details
Price:
$19.99
Course Description
We are experiencing an epidemic of gun violence in this country.
The parents of a student killed in the 2018 massacre at Marjory Stone-man Douglas High School, in Parkland, Florida, the deadliest high school shooting in United States history, set up and tricked a former president of the National Rifle Association into giving a high school graduation speech defending gun rights in front of 3,044 empty chairs, one chair for each student who couldn?t graduate because they were killed by gun violence.
A political stunt? Perhaps, yet it effectively illustrates the severity of the problem. It further invites us to examine the legislative solutions we ap-ply to those societal problems that impact us most. We are living through a stress test exposing flaws inherent to our system of justice. (We look to the law to fix the flaws!)
With our time together today, we will examine contemporary legal trends in regard to the 1) problem related to Gun Violence, and 2) Legislative solutions in response to those problems, 3) Impacting the rights and remedies of so many, 4) Conclude: Take Away Observations) re: Impact on Practitioners.
Course Agenda
Legal trends regarding gun violence
The history of gun violence in the U.S.
The trajectory of gun legislation
Factors contributing to gun violence such as mental health, domes-tic violence, etc.
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits ND - Self Study: 1.0 Credits NH - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.0 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits VA - General: 1.0 Credits
Course Presenter(s)
Greg Woods, J.D.
Greg Woods received his Doctor of Jurisprudence from San Francisco Law School and holds a Bachelor of Arts from San Jose State University. At San Francisco Law School Greg was a recipient of the Bernard Witkin Award for academic excellence in Contracts Writing and was an editorial staff member with the San Francisco Law Review. He served as a Certified Legal Intern with the Office of the District Attorney in San Francisco.
Greg Woods presently serves as Lecturer with the Department of Criminal Justice Studies at San Francisco State University and was recently named Lecturer of Justice Studies at San Jose State University and at the Department of Criminology Studies at Sonoma State University.
As an educator, constitutional scholar, law enforcement/legal trend watcher and student of history, Greg constantly seeks and receives information from a wide variety of sources and is in the forefront as a commentator on topical issues in Criminal Law.
Outside the classroom, Greg has been acknowledged by former students at the annual San Francisco State Scholar Athlete Reception as a faculty member who ?made a valuable impact on their academic life.?
Course Price:
$19.99
Time to Say Goodbye: Ethical Considerations When Ending Client Relationship
Time to Say Goodbye: Ethical Considerations When Ending Client Relationship Details
Price:
$19.99
Course Description
An important yet overlooked issues in practicing law are the ethical considerations when
ending formal relationships with clients. If you work in a large law firm such matters would
hopefully be routine but small firms and private practice attorneys frequently make mistakes in
this area. In this course we look at what the ethical framework is that underlies these
principles. We then examine in detail the two types of withdrawals: optional and mandatory.
Both case law and personal examples are explored to make these concepts concreate. We end
the course by looking at different situations where formally ending a relationship is necessary
and then explore some best practices.
Course Agenda
Overview
Types of Termination
Ethical Framework
Mandatory Withdrawal
Optional Withdrawal
Case Cites/Examples
Personal Examples
Best Practices
Other Situations
Course Credit per State
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits NC - Professional Responsibility: 1.0 Credits ND - Self Study: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.3 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits TN - Dual: 1.06 Credits TX - Ethics: 1.0 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.
The unauthorized practice of law, (UPL), is "engaging in the practice of law by persons or entities not authorized to practice law" and the State needs to control who holds themselves out as an attorney to give value to the licensing and ethics control entities such as the Bar Associations and Court systems. Tensions arise when consumers need certain services which they may believe are too costly if performed by a bona fide lawyer or firm. This course outlines those tensions, the balancing factors which certain states have used to address these issues and takes a close look at several situations in which the non-lawyer entities may pose a risk to the public, and where lawsuits have been necessary to limit or curtail these non-lawyer entities.
Course Agenda
What is UPL?
The Wills Crisis and UPL
LegalZoom & UPI
Cases
The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980)
Peters Production, Inc. v. Desnick Broadcasting Company
Ginger v. Cohn (Cite 426 F.2d 1385)
Bay County Bar Association v. Finance System, Inc.
State v. Despain, 319 S.C. 317, 460 S.E.2d 576 (1995),
Franklin v. Chavis, 371 S.C. 527, 640 S.E.2d 873 (2007)
Kone v. Wilson,630 S.E.2d 744, 272 Virginia 59 (2006)
House Counsel
Punishments for Violations: Examples
Conclusions
Course Credit per State
AK - Ethics: 1.0 Credits AL - On-Demand: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits FL - Professionalism: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.1 Credits KY - Ethics: 1.0 Credits ND - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional Conduct: 1.0 Credits OK - Legal Ethics: 1.0 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.
Update on NLRB Cases, Guidance and Rulemaking Details
Price:
$19.99
Course Description
Course Agenda
Course Credit per State
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 KY - General: 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: 1.07 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits VA - General: 1.0 Credits
Course Presenter(s)
Thomas A. Lenz
Experience
Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
Course Price:
$19.99
Water Law: Water Rights, Droughts, and a Flood of Legal Issues
Water Law: Water Rights, Droughts, and a Flood of Legal Issues Details
Price:
$19.99
Course Description
This program covers an array of legal, regulatory and policy topics involving California water supplies and related environmental issues, all of which implicate federal, state and local laws and regulations. California often serves as a model utilized by other states for some of these matters, making this discussion helpful for understanding what occurs throughout California and beyond. The program identifies different types of water rights, regulatory overlays from all levels of government and distinctions between surface and groundwater rights and rules. Also discussed is navigating through drought and climate change conditions when water demands may be high but supplies low. The presenter offers ideas looking ahead to avoid or resolve water resource disputes.
Wes Miliband is a partner with Atkinson, Andelson, Loya, Ruud and Romo, AALRR, a full-service law firm with over 200 attorneys in nine offices throughout California.
AALRR represents both private and public sector clients, with emphasis in the areas of employment, labor, construction, education, real estate, water, general business and business litigation, corporate and taxation.
Mr. Miliband works out of the firm?s Sacramento and San Diego offices. He is an environmental lawyer focused on water resources and environmental issues throughout California involving surface water, groundwater and fisheries issues. Mr. Miliband represents public and private agencies, individuals as well as a federally-recognized Indian tribe.
Mr. Miliband started his legal career as a Deputy District Attorney in Orange County, where he prosecuted twenty jury trials and several more before the court. Prior to law school, Wes was on staff for a Member of Congress.
He frequently speaks and publishes articles throughout California. More information about Mr. Miliband is available on the Firm?s website, www.aalrr.com.
Course Price:
$19.99
Water Law: Water Rights, Droughts, and a Flood of Legal Issues Part II
Water Law: Water Rights, Droughts, and a Flood of Legal Issues Part II Details
Price:
$19.99
Course Description
After recent years in which records have been set for both rain and lack of precipitation, Environmental and Water Law expert Wes Miliband discusses issues which arise when both drought and climate change create conditions over which populations have little control. To help attorneys proactively recognize and address these issues so as to prevent both legal disputes and damage to people and property in the future, Mr. Miliband raises awareness of how, and where, such disputes may arise. He addresses the basic system of water rights, tribal, military and Federal rights, key cases, how local, state and federal water agencies work and long term creative solutions for an uncertain future, such as ocean winds, desalination and other sustainable techniques.
Course Agenda
Overview and Refresh from Part 1 (October 2021)
Describe the key drivers behind California?s water system;
Identify federal, state, and local agencies and their respective roles and
responsibilities; and
Provide an overview of the State?s water rights and water conveyance systems.
Environmental laws affecting water supply allocation. Recent droughts, storm cycles and
other current events impacting water supplies in California
Wes Miliband is a partner with Atkinson, Andelson, Loya, Ruud and Romo, AALRR, a full-service law firm with over 200 attorneys in nine offices throughout California.
AALRR represents both private and public sector clients, with emphasis in the areas of employment, labor, construction, education, real estate, water, general business and business litigation, corporate and taxation.
Mr. Miliband works out of the firm?s Sacramento and San Diego offices. He is an environmental lawyer focused on water resources and environmental issues throughout California involving surface water, groundwater and fisheries issues. Mr. Miliband represents public and private agencies, individuals as well as a federally-recognized Indian tribe.
Mr. Miliband started his legal career as a Deputy District Attorney in Orange County, where he prosecuted twenty jury trials and several more before the court. Prior to law school, Wes was on staff for a Member of Congress.
He frequently speaks and publishes articles throughout California. More information about Mr. Miliband is available on the Firm?s website, www.aalrr.com.
Whistle-Blower Claims: Avoiding the Courthouse Details
Price:
$19.99
Course Description
During this presentation, Fisher Phillips Partner, Jason Geller will discuss, what constitutes retaliation, protecting and defending your company against such claims, whistle-blower protection vs. retaliation claims and creating policies and procedures to minimize problems, claims and lawsuits.
Course Agenda
The rise in whistleblowing and retaliation lawsuits
Important laws protecting employees against retaliation for whistleblowing
Enforcement by governmental agencies
What is ?protected activity? and how to spot it
Effective responses to whistleblowing and ?protected activity?
Why So Much Whistleblowing?
Publicity: Federal and State whistleblowing claims are in the press
Creates liability where none existed!
The Legal Landscape: What We Need to Know - ?Protected Activity?
Wrongful Discharge in Violation of ?Public Policy?
Federal False Claims Act
National Labor Relations Act
State laws protecting whistleblowers
The ?adverse actions? that can cause problems:
The Legal Landscape: What We Need to Know ? ?Adverse Action?
Look Out! Government Agencies Are Involved
EEOC, OSHA, NLRB, SEC State agencies
SEC Whistleblowing Program
SEC/NLRB enforcement:
Defend Trade Secrets Act
Social media policies
Recent wage/hour complaint?
The Best Response: Solid Policies and Practices
Employer complaint procedures
The Best Response: Solid Policies and Practices
Employer?s investigation protocol
Employer?s response to protected activity
Conduct objective and thorough investigation required by the circumstances
Carefully evaluate risks of subsequent discipline to employee
The Best Response: Spot Retaliation ?Red-Flags? And Shut Them Down!
Stricter supervision
New performance issues
Higher standards or expectations
Supervisor complaints to others
Coworkers shun, tease, threaten
Knock, Knock: The Government Is at Your Door on A Whistleblowing Complaint
Gatekeeping when the auditor arrives
Final Questions
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 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 NV - General: 1.0 Credits NY - General: 1.0 Credits TX - General: 1.0 Credits
Course Presenter(s)
Jason A. Geller
Jason A. Geller is the Managing Partner of Fisher & Phillips' San Francisco office. Fisher & Phillips is one of the largest U.S. law firms representing management exclusively in the areas of labor, employment, civil rights, employee benefits, and immigration law. The firm has 31 offices with 300 attorneys.
Jason represents employers in all facets of employment law
matters. He has considerable experience defending employers in
litigation involving claims under the Family and Medical Leave Act
(FMLA), the California Family Rights Act (CFRA), the Age
Discrimination in Employment Act (ADEA), the California Fair
Employment and Housing Act (FEHA) and California wage and hour
laws. Jason has also defended employers against whistleblowing
and retaliation claims, including claims under the California
Whistleblower Act, the False Claims Act and various provisions of
The California Labor Code.
Jason has extensive experience defending employers in Federal and
State courts, as well as in investigations by the Equal Employment
Opportunity Commission (EEOC), the DFEH, United States
Department of Labor (DOL) and the National Labor Relations Board
(NLRB).
In addition to defending his clients in litigation, Jason frequently
counsels employers to assist them in avoiding litigation. He regularly
advises clients on leave management issues and the interactive
process for employees with disabilities, reinstatement obligations
under various leave laws and wage and hour compliance. Jason has
prepared employee handbooks and a variety of agreements,
including independent contractor, employment, confidentiality and trade secrets agreements.
His clients are involved in a variety of industries, including assisted living, independent living facilities, construction, manufacturing, engineering, architecture, professional services, agriculture,
technology, retail and restaurant industries.
Jason was included in Northern California Super Lawyers in 2015.
Professional Activities
Board Member, Northern California Human Resources Association - East Bay Chapter
Member, Marin Human Resources Forum (1995-2000)
Member, Labor and Employment Section of the San Francisco Bar Association
Board Member & Legislative Co-chair, Employers' Advisory Council of the California Employment Development Department
Member, Labor and Employment Section of the State Bar of California
Member, Advisory Committee on Employment Law Jury Instructions of the Labor and Employment Section of the State Bar of California
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