Continuing Legal Education Online Courses with MCLEZ are for Pennsylvania attorneys who want to make the most of their time and money. Easily earn Pennsylvania CLE credit through courses which have been produced in a variety of legal subjects that matter to you.
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Pennsylvania CLE Course Catalog
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10 Legal Considerations for Starting and Running a Medical Practice
10 Legal Considerations for Starting and Running a Medical Practice Details
Price:
$19.99
Course Description
In this fast-paced and highly informative program, the speakers address core issues with which attorneys who may be involved with medical practitioners must be familiar. These include how to help limit liability exposure, choice of business entity, supervision issues, compensation, Contracts 101 (HR and more), Intellectual Property, legal issues regarding marketing and how to avoid and/or best resolve disputes with patients. Also discussed are recommended asset protection and estate planning strategies and common asset protection mistakes which medical professionals need to be aware of and avoid.
Course Agenda
Limiting Your Liability
Supervision Issues
Compensation
Contracts 101
Intellectual Property
Marketing Legal Issues
How to Avoid Disputes
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits GA - Self Study: 1.0 Credits IL - General: 1.0 Credits ME - Self Study: 1.0 Credits MO - Self Study: 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: 1.05 Credits UT - Self Study: 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.
Whether you're a business owner concerned with making the right distinctions when engaging people to work with/for you, or a lawyer responsible for advising clients on the contractor v. employee distinction, this presentation could save you a lot of grief and money down the line.
Marin County-based employment lawyer Diana Maier and Carlos E. Torres, a Hearing Officer for the California Division of Labor Standards Enforcement (DLSE), discuss which factors matter most in deciding how to classify workers in light of recent legal decisions that are shifting those factors. In addition to covering a broad overview of the contractor v. employee debate, they also discuss ethical considerations for lawyers considering the question of contractor classification, and assess whether the sharing economy is due for extinction in light of recent rulings against companies such as Uber.
Course Agenda
Frequent Terms and Their Meanings
Principal versus Employer
Worker/Contractor/Consultant versus Employee
Central Questions
What are some ethical considerations to keep in mind as we review the material?
Why are we here?
Factors in classification
Advantages and disadvantages of each classification
Given that this is a subjective standard, what ethical considerations exist for attorneys who need to advise others about this? Complicated by the fact that 1099 is less expensive.
Do you pick the argument most conducive to the business and just go with that?
How do the political/social factors come into play?
Are there law and policy objectives lawyers have a duty to protect?
If there are, has current law accomplished those, or have we gone too far?
Cases: Practicing the Material
Case #1: Client Engaging New Service Providers
Case #2: Corporate Employer
Case #3: Domestic Employer
Wrap Up
Standard is subjective ? makes it a tricky ethical issue for lawyers
Government prefers employee status
Back up a decision to make someone a contractor by making a file, contract, etc. and know there?s a risk
Government most often finds out via an obstructed claim, but there are many ways
Recent indications show government is only going to get more strict in enforcement
Course Credit per State
AZ - General: 1.0 Credits CT - General: 1.0 Credits IL - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Diana Maier
Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.
Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.
Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.
In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.
Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.
Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.
You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.
Course Price:
$29.99
A Practical Approach to Asset Protection and Bankruptcy
A Practical Approach to Asset Protection and Bankruptcy Details
Price:
$19.99
Course Description
Attorneys Steven R. Fox and Jacob Stein provide insight into Bankruptcy, and how to protect assets in the event of one. Fox provides a practical approach to a sensitive subject. He discusses the different options, and the pros and cons of each. He then focuses on key elements, rounding up with potential pitfalls to avoid. Stein answers the big question, is there life after bankruptcy? He provides an overview of Asset Protection before delving into the structures and strategies best used in the event of a bankruptcy.
Course Agenda
ASSET PROTECTION
Debt Collection
Fraudulent Transfers
Planning in Context of Marriage
Entity Planning
Choice of Entity
Planning with Trusts
Foreign Trusts
Retirement Plans
Comprehensive Examples
BANKRUPTCY
The Twin Purposes of Bankruptcy
Chapter 7 Liquidation and Its Essentials
Chapters 11 And 13 Reorganization
Objecting to The Dischargeability Of A Specific Debt. Section 523
Objecting to the Discharge of All Debts. Section 727
Property of The Bankruptcy Estate. Section 541
Property of The Bankruptcy Estate. Section 541
The Automatic Stay. Section 362
Fraudulent Conveyances, Preferential Transfers and Other Avoiding Powers. Sections 544 To 551
Mistakes on The Road to Bankruptcy
Signs A Business Headed on The Road Toward Bankruptcy
Course Credit per State
AL - On-Demand: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.02 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
Steven R. Fox
Steven R. Fox is active in professional organizations relevant to his practice and is a leader in the legal community. He chairs the Bankruptcy Section of the San Fernando Valley Bar Association where he is known for presenting timely and compelling programming. He is a member of the Los Angeles Bankruptcy Forum, the American Bankruptcy Institute and the National Association of Consumer Bankruptcy Attorneys. In the early 2000s, recognizing a need for new attorneys practicing consumer bankruptcy law to have a forum to learn and to grow in their field, Mr. Fox became one of the founders of the Central District Consumer Bankruptcy Attorneys Association in Los Angeles.
There is a multitude of issues that drive a cross-border business transaction. Sale of shares versus sale of assets; statutory mergers; joint ventures; security for enforcement of representations and warranties; governing law and venue; earn-outs and holdbacks; restrictions on foreign ownership; due diligence; local customs; privacy and many other. Most non-tax considerations are not country specific. They are driven by the economics of the deal and the negotiating position of the parties. When a transaction touches the U.S., tax has the center-stage.
From a U.S. standpoint, none of the other issues are as important as the tax consequences. Taxation of an M&A transaction will very often determine the deal structure. The parties can negotiate and agree to all the other terms, but tax will determine how the transaction is structured, what is possible and what is not.
For U.S. tax purposes, cross-border transactions are divided into two classes: inbound (foreigners doing business or investing in the U.S.), and outbound (Americans doing business and investing overseas). The tax rules that apply to inbound and outbound transactions are entirely different. We will examine both, and will then delve into the related subjects of pre-immigration tax planning (foreigners immigrating to the U.S.) and expatriation (Americans emigrating from the U.S.).
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 IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits MO - Self Study: 1.2 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
Course Price:
$19.99
ABA Professional Responsibility Client-Lawyer Guidelines Part II
ABA Professional Responsibility Client-Lawyer Guidelines Part II Details
Price:
$29.99
Course Description
04-19-2018 Recorded date
This class is the second in a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Rule II (Counselor) and Rule III (Advocate). Among the topics covered: ethical guidelines when a lawyer serves as third-party neutral; standards for candor towards the tribunal; fairness to opposing party and opposing counsel; expediting litigation and avoiding delay, and trial publicity. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.
Course Agenda
Rules Overview - Counselor
Rules Overview - Advocate
Rule 2.1 Advisor
Rule 2.2 - Deleted (Moved to Rule 1.7)
Rule 2.3 Evaluation for Use by Third Persons
Rule 2.4 Lawyer Serving as Third-Party Neutral
Rule 3.1 Meritorious Claims and Contentions
Rule 3.2 Expediting Litigation
Rule 3.3 Candor Toward the Tribunal
Rule 3.4 Fairness to Opposing Party and Counsel
Rule 3.5: Impartiality & Decorum of the Tribunal
Rule 3.6: Trial Publicity
Rule 3.7: Lawyer as Witness
Rule 3.8: Special Responsibilities of a Prosecutor
Rule 3.9: Advocate in Nonadjudicative Proceedings
Course Credit per State
AK - Voluntary: 2.5 Credits AZ - Professional Responsibility: 2.5 Credits CA - Ethics: 2.5 Credits CT - Ethics: 2.5 Credits FL - Professionalism: 2.5 Credits IL - Professional Responsibility: 2.25 Credits IN - Ethics: 2.5 Credits ME - Professional Responsibility: 2.46 Credits ND - Ethics: 2.5 Credits NV - Ethics: 2.0 Credits NY - Ethics: 2.5 Credits PA - Ethics: 2.5 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Course Price:
$29.99
ABA Professional Responsibility Client-Lawyer Guidelines Part III
ABA Professional Responsibility Client-Lawyer Guidelines Part III Details
Price:
$19.99
Course Description
This class is the third in a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Rule IV (Transactions with Persons other than Clients) and Rule V (Law Firms and Associations). Among the topics covered: Truthfulness in Statements to Others; Communication with Persons Other Than Clients; Dealing with Unrepresented Persons; Respect for the Rights of Third Persons, and Responsibilities of Partners, Managers and Supervisory Lawyers. 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
Course Credit per State
AL - Ethics: 1.1 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Professionalism: 1.0 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits ME - Professional Responsibility: 1.0 Credits NC - Professional Responsibility: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.4 Credits NV - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits OK - Legal Ethics: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.13 Credits TN - Dual: 1.13 Credits TX - Ethics: 1.0 Credits UT - 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
ABA Professional Responsibility Client-Lawyer Guidelines Part IV
ABA Professional Responsibility Client-Lawyer Guidelines Part IV Details
Price:
$19.99
Course Description
This class is the fourth in a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Rule VII (Information about Legal Services). Among the topics covered: Communication Concerning a Lawyer's Services, Communications Concerning a Lawyer's Services: Specific Rules, Solicitation of Clients and Political Contributions to Obtain Legal Engagements or Appointments by Judges. 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
ABA Ethics Guidelines Context
Rules Overview
Rule 7.1 Communication Concerning a Lawyer's Services
Rule 7.2 Communications Concerning a Lawyer's Services: Specific Rules
Rule 7.3 Solicitation of Clients
Rule 7.6 Political Contributions to Obtain Legal Engagements or Appointments by Judges
Conclusion
Course Credit per State
AL - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Professionalism: 1.0 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits KY - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NV - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits OK - Legal Ethics: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.03 Credits TN - Dual: 1.03 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
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
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.2 Credits GA - 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: 1.2 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional conduct: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.0 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
Asset Protection and Estate Planning Under the New Tax Act
Asset Protection and Estate Planning Under the New Tax Act Details
Price:
$19.99
Course Description
Jacob Stein and Michelle Lerman discuss the changes to asset protection and estate planning as a result of the new Tax Act. They will provide an overview of the current legal landscape before delving into how the changes will affect existing practices, potential pitfalls to avoid, and opportunities to take advantage of in the new tax era.
Jacob Stein will discuss asset protection under the new tax act. He will present a practical approach to protecting assets, applying real-life stories to theory. He will discuss strategies and solutions to protecting specific assets like residences, retirement plans, real estate investments and businesses. He will also touch on more sophisticated strategies such as Advanced trust and Offshore structures.
Michelle Lerman will lead the discussion on estate planning under the new tax act. She will provide an overview on choosing the right estate plan, taking advantage of the transfer tax law, using irrevocable trusts to protect assets and much more.
Course Agenda
Threshold Questions
Debt Collection
Fraudulent Transfers
Planning in Context of Marriage
Entity Planning
Choice of Entity
Planning with Trusts
Foreign Trusts
Retirement Plans
Comprehensive Example
New Tax Act
Planning Under the New Tax Law
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
Michelle Lerman
Michelle Lerman is an Estate Planning Attorney who is passionate about helping people reach their estate planning goals. She is a Superlawyer and certified specialist; an author who recently published the 2nd Edition of her book "Create Your Best Legacy; a featured commentator on radio and television, and a sought-after professional speaker.
What is "The Cloud"? 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.
Course Agenda
What is the "cloud"?
Who runs it?
Where is it?
Will it go away?
Where is all my information?
Is it worth using?
Cloud Benefits
File Sharing
File centralization
"Virtual machines"
Log into system
"Zero Maintenance"
"always on"
No longer have to go to the office
Ethics behind Cloud Computing
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.
ABA Model Rule 1.6(c), "make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client."
ALL States that offer opinions on Cloud Computing= allowed with "reasonable care"
CA OPINION NO. 2010-179
"Evaluate the nature of the technology, available security precautions, and limitations on third-party access."
"Consult an expert if lawyer's technology expertise is lacking."
"Weigh the sensitivity of the data, the impact of disclosure on the client, the urgency of the situation, and the client's instructions."
Cloud Concerns
Security
Control
What happens if you don't pay on time?
If you decide to cancel, will all the data be permanently deleted?
Trust of vendor
Reliability of Internet connection & speed
Cloud Tasks for Attorneys
Centralized case/matter management
Document management
Time and billing
A hosted Quickbooks or Time Matters system often works better than trying to locally network it between workstations
Scheduling/reporting
Contact management
Conflict checking
Cloud Considerations
What law governs (yours or where the server is?)
How would you be notified if there was a security concern?
You own all the data uploaded, right?
What's the vendor's reputation in the community overall?
Will my data be encrypted? What type?
Duty to Supervise
Duty to Communicate with Client
Managing Cloud Risks
Internal Due Diligence
External Due Diligence; Contracts
Continuous Access to Data
Security, Security Breaches
Termination
Implementation
TRAINING
NEW HIRES
DOCUMENTED INSTRUCTIONS ON RETRIEVING/STORING DATA!
Cloud Computing Services
Dropbox/Box.net for Business
OneDrive Professional
Google Apps for Business (attorneys)
Hosted App Servers (almost any ISP; hostgator, godaddy, amazon, etc.)
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 KY - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits PA - 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.
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 CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.2 Credits NJ - Ethics: 1.2 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 UT - 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
Complex Financial Issues Affecting Marital Standard of Living Analysis
Complex Financial Issues Affecting Marital Standard of Living Analysis Details
Price:
$19.99
Course Description
Certified Divorce Financial Analyst Karen Sparks discusses the myriad of financial issues
which are involved in defining the Marital Standard of Living (MSOL) in both Community Property and
Equitable Distribution states. She defines Marital Asset Distribution in the general sense including
the two main general approaches, with examples of statutory guidelines. Her overview of
Marital Standard of Living, (or the lifestyle enjoyed by the parties during the marriage),
defines in detail the terms and the factors which go into the calculations and the process of navigating
complex financial issues, such as investment assets, real estate and deferred compensation and how these
factors are also involved in the calculation of spousal support.
Course Agenda
Course Credit per State
AL - On-Demand: 1.3 Credits AZ - General: 1.5 Credits CA - General: 1.25 Credits CT - General: 1.5 Credits FL - General: 1.5 Credits GA - Self Study: 1.0 Credits IL - General: 1.25 Credits MT - Self Study: 1.0 Credits NH - General: 1.5 Credits NJ - General: 1.5 Credits NV - General: 1.0 Credits NY - General: 1.5 Credits OK - Distance Learning: 1.5 Credits PA - Distance Learning: 1.5 Credits TX - General: 1.25 Credits UT - Self Study: 1.25 Credits
Course Presenter(s)
Course Price:
$19.99
Conflicts of Interest for Nonprofits: Counseling Nonprofit Boards on Avoiding Conflicts
Conflicts of Interest for Nonprofits: Counseling Nonprofit Boards on Avoiding Conflicts Details
Price:
$19.99
Course Description
You've probably heard that "Conflicts of Interests" are bad and that nonprofit boards need to avoid conflicts of interests. But, what exactly is a "conflict of interest", and what should you do if your nonprofit has a "conflict of interest?
Conflicts of interest are not necessarily bad. The important thing is being able to identify conflicts of interest and knowing how to manage conflicts of interests when they arise.
This course on "Dealing with Conflicts of Interests" will define what a "conflict of interest" is; Give specific examples of common types of conflicts of interests that arise for nonprofits; Explain the law on conflicts of interest as it applies to nonprofits; Discuss strategies on how to manage conflicts of interests.
Course Agenda
What are the key fiduciary duties of Board members?
What is a conflict of interest?
Why is it important to be able to identify a conflict of interest?
How should a conflict of interest be addressed?
Course Credit per State
AK - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits NC - Professional Responsibility: 0.75 Credits ND - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits TN - Dual: 0.95 Credits
Course Presenter(s)
Lorri Anne Dunsmore
Lorri Dunsmore has over 24 years of experience representing individuals, businesses and tax-exempt organizations in a variety of charitable, wealth transfer, business succession and federal tax matters. Lorri regularly works with individuals and tax-exempt organizations to address a wide range of tax and state law issues impacting charitable giving, formation of nonprofits and addressing the specialized needs of tax-exempt organizations including private foundation excise taxes, excess benefit transactions, lobbying restrictions, fundraising law compliance, commercial co-ventures and joint ventures. Lorri has spoken and written about numerous issues related to nonprofit governance and compliance matters and has worked with a variety of tax-exempt organizations to provide training for board members and officers. Lorri's practice also includes advising clients on the formation, operation, management and transfer of family business entities. She works closely with families to implement business succession and wealth transfer strategies. Lorri has experience advising privately held corporations, limited liability companies and professional corporations on issues ranging from formation to dissolution.
This course provides a general overview of the use of attorneys to collect on consumer debt using the judicial system and also dives into some subtleties that practicing consumer collection attorneys will encounter. Topics covered include the difference between specializations in Consumer Collections, FDCPA and bankruptcy areas of law; general consumer collections principles; situations where the debtor wants to settle; seeking a default clerk?s judgment, discovery, trial preparation and efforts in enforcement of the judgement.
Course Agenda
What is consumer collections?
Consumer Collections General Principles
Situations Where the Debtor Wants to Settle
Seeking a Default Clerk?s Judgment
Discovery
Trial Preparation
Efforts in Enforcement of the Judgment
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 GA - Self Study: 1.0 Credits IL - General: 1.0 Credits ME - Self Study: 1.0 Credits MO - Self Study: 1.2 Credits MT - Self Study: 1.0 Credits NC - General: 1.0 Credits NH - General: 1.0 Credits NJ - General: 1.2 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits OK - Distance Learning: 1.0 Credits PA - Distance Learning: 1.0 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Lawrence M. Smith
Lawrence M Smith, Esq. received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Smith is currently working in private practice and resides in Sacramento, California and specializes in Consumer Collections and has over 25 years of experience in this field.
Course Price:
$19.99
Copyright Infringement - Defending Lawsuits and Protecting Assets
Copyright Infringement - Defending Lawsuits and Protecting Assets Details
Price:
$19.99
Course Description
Attorneys Jacob Stein and Scott Lesowitz focus on how to defend infringement lawsuits and protect assets in the event of a lawsuit. Topics addressed include the elements of infringement, Fair Use - an unsure defense, available damages for copyright infringement and the importance of registration, liability for the acts of employees and use of independent contractors, protecting assets in the event of infringement, (actual, statutory and attorney fees), entity structures for ownership of copyrights, foreign entities and collection, jurisdiction over foreign defendants in American courts and collection of damages against foreign entities.
Course Agenda
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 ME - 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 TX - General: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
In this course, attorney David Graulich will cover the basics of depositions in civil litigations. David is a plaintiff's attorney himself, but will discuss depositions from both the plaintiff's and the defense attorney's side. By the end of this session, attorneys who have never been involved in a deposition, as well as those who have, should be able to leave with some useful tools for future depositions.
Course Agenda
1. Preliminaries
Purpose of the Deposition
Who Will Be Present
When to Depose
Where to Depose
2. Going on the Record
Preliminary Matters
Stipulations
Introduction
3. Style of Questioning
Using an Assistant
Documents
Cross-examination
4. Coping with Objections and Other Problems
Form of the Question
Privilege/Protected Work Product
Motion to Compel
5. When Your Side Is Deposed
Defending Attorney Role
Preparing the Deponent
Making Objections
Maintaining Contact
Asking Questions
Course Credit per State
AZ - General: 1.5 Credits CA - General: 1.5 Credits CO - General: 1.62 Credits CT - General: 1.25 Credits FL - General: 1.5 Credits IL - General: 1.25 Credits NV - General: 1.5 Credits NY - General: 1.5 Credits PA - Distance Learning: 1.5 Credits WA - General: 1.25 Credits WV - General: 1.62 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.
Supremely qualified presenters address the many differences and similarities of how business is conducted in both Brazil and Argentina as compared to the United States. Topics include tax reform and compliance in Argentina, corporate governance, corporate criminal liability, an overview of the Brazilian economy, political landscape and capital markets, commonly used business structures and legal entities an introduction to the Brazilian legal system and taxation, the do's and don'ts of foreign investment, corporate and joint venture issues for U.S. investors in South America, establishing the optimal corporate structure, U.S. Taxation of Outbound Transactions (CFCs and Subpart F income) and Income Tax Treaties. Moreover, the program offers a stimulating overview of these two large countries, the opportunities they present and the intricacies of their investment structures and legal systems.
Course Agenda
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 MO - Self Study: 1.3 Credits NH - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits UT - Self Study: 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.
As a college lecturer for 27 years and an economic consultant to
attorneys for 25 years, George A. Jouganatos, Ph.D. discusses the
effective use of an expert from the point of view of the expert. His
experience includes a wide variety of cases in employment, personal
injury, wrongful death and commercial matters.
The topics discussed include selection and timing of engagement, ethics
for experts, identifying experts, selection criteria, fees, and
preparing for testimony.
Course Agenda
Course Credit per State
AZ - General: 1.5 Credits CA - General: 1.5 Credits CO - General: 1.7 Credits CT - General: 1.0 Credits FL - General: 1.25 Credits IL - General: 1.25 Credits NY - General: 1.5 Credits PA - Distance Learning: 1.5 Credits
Course Presenter(s)
George Jouganatos
George A. Jouganatos has been a professor of economics for over 17 years. He has taught economics, finance, and quantitative analysis at University of California, Davis, University of California, Santa Cruz, California State University, Sacramento, and California State University, Hayward. He has published and engaged in seminars in the fields of the economics of development, political economy, economic history, environmental economics, public policy, and economic modeling and forecasting.
Dr. Jouganatos conducted research at the University of Athens and the Center of Economic Research and Planning in Athens, Greece where he conferred with many of the nation''s top economists and political officials. The fruit of the research resulted in a seminal book on the development of the Greek economy. His work on the Greek economy has been cited numerous times. He also engaged in research at the Institute of Development Studies, University of Sussex.
He works as a consulting economist providing economic and statistical analysis for the private and public sectors since 1991. He has written many economic impact, efficiency, cost, and feasibility studies. He has designed economic models, strategic plans, and performance measures. Dr. Jouganatos serves as an expert witness for cases involving personal Injury, wrongful death, wrongful termination, housing discrimination, employment discrimination, economic loss, business valuations, public finance, and breach of contracts. He has consulted and given testimony for numerous attorneys in California as well as in Nevada, Iowa, Montana, Hawaii and New York.
His selected clients include California Department of Boating and Waterways, California Resources Agency, California Attorney General, California Department of Finance, California Department of Education, California Department of Transportation, California Department of Justice, California Department of Corrections. Governor''s Office of Planning and Research, City of San Francisco, Harcourt Brace, State Farm Insurance, General American Investments, Individual Rights Foundation, Allied Electric Motor, Bank of New York, and numerous law firms.
Dr. Jouganatos has advised California State Assembly and Congressional candidates on economic issues and policies. He was asked to review economic platforms of United States Senate and California gubernatorial candidates. On several occasions he has provided brief commentaries on economic events and issues for television and radio.
In 2000, he was awarded a Faculty Research Fellows Grant from the Center of California Studies, California State University, Sacramento to analyze state land holdings for the Governor''s Office of Planning and Research.
He received a Ph.D. in economics from the University of California at Riverside.
In this presentation, David B. Gardner, who is a specialist in immigration law in California, will be speaking on ethical issues involving EB-5 (the immigrant investor visa program) and DACA (Deferred Action for Childhood Arrivals) cases, which are very relevant and pertinent issues in immigration law practice today. He will discuss how the government has attempted to fairly regulate the foreign investor visa industry, and some of the major difficulties that have arisen in doing so.
Course Agenda
The EB-5 Visa
Direct Investment
Regional Centers
EB-5 Market
Ethical Dilemma
Scope of Representation
Regional Center
Investment
Attorney Liability
Regional Center?s Law Firm
DACA
Course Credit per State
AK - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.2 Credits CT - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.2 Credits
Course Presenter(s)
David B. Gardner
David B. Gardner has more than 30 years professional legal experience advising clients on U.S. Immigration, International Business and Taxation matters. Mr. Gardner was admitted as a Solicitor in England and Wales in 1974, and as a Solicitor in Hong Kong in 1984. He founded the Law Offices of David B. Gardner in 1985 as an international law practice and since 1996, following a law firm merger, has practiced exclusively in the areas of Immigration and Nationality Law.
Mr. Gardner represents clients in all types of immigration cases before Agencies of the Department of Homeland Security, the Executive Office for Immigration Review and in the Federal District Courts and Circuit Courts of Appeal. He was lead counsel in Vukmirovic v. Ashcroft, 362 F. 3d 1247(9th Cir. 2004.) and Vukimorivic v. Holder (9th Cir. Sept. 2010).
Mr. Gardner was co-founder of several non-for profit organizations including the Spirit of Youth foundation (an exchange program between under-privileged youth from Los Angeles and in the United Kingdom); the California Israel Chamber of Commerce and the Southern California Israel Chamber of Commerce. He was awarded the honor of Cavillieri by the Government of Italy for legal services on behalf of the Italian Consulate in Los Angeles. He is a past president of Bnai David Judea Congregation in Los Angeles and continues to be active in a variety of local and international community organizations.
This course covers the basics of litigation invoking the Fair Credit Reporting Act. Potential clients are anyone whose credit reports have inaccuracies and who have not been able to get the credit reporting agencies (CRAs) to make corrections.
The FCRA provides for private civil actions against the CRAs such as Experian, Equifax and Trans Union and against the furnishers of information to the CRAs, such as banks, finance companies, and debt collectors.
The courts will cover the statutory framework, how the dispute process works, the issues that typically arise in civil litigation against the CRAs and furnishers, and the types damages consumers may seek.
There will be discussion of the types of cases that are successful under the FCRA and the types of clients and cases to avoid.
Resources available to the private practitioner will be discussed.
Course Agenda
Consumer Rights under the FCRA
Key Threshold Issue-Accuracy in Credit Reports
Common Inaccuracies in Credit Reports
The Dispute Process, a Prerequisite to a Civil Case
Mark F. Anderson has practiced law in San Francisco for over 45 years. He also represents consumers Fair Credit Reporting Act cases in which the consumers were damaged by inaccurate credit reporting by banks and other creditors who report credit information to Experian, Equifax, and TransUnion. He has settled over 150 cases involving inaccurate credit reporting.
Mark was one of the first attorneys in California to represent consumers in lemon law cases. He has represented consumers in over 4,000 lemon law cases. He has also represented plaintiffs in numerous consumer class actions.
Course Price:
$19.99
How the Third-Party Doctrine Affects Law Enforcement, Technology Company Practices, and Data Privacy Expectations
How the Third-Party Doctrine Affects Law Enforcement, Technology Company Practices, and Data Privacy Expectations Details
Price:
$24.99
Course Description
Join the Wikimedia Foundation and guest speakers for a discussion on how the third-party doctrine affects law enforcement, technology company practices, and data privacy expectations as the Supreme Court prepares to rule on Carpenter v. United States. In this case, the Court will consider whether the Fourth Amendment requires law enforcement to obtain a search warrant before accessing historical cell phone location records.
Course Agenda
Third Party Doctrine
What types of consumer data to tech companies collect?
How does the third-party doctrine affect tech companies and their business practices?
Do consumers really care about privacy, and what do they consider when they decide to sacrifice their privacy for certain services?
Do companies tend to care about privacy more or less than consumers?
International Income and Estate Tax Planning Details
Price:
$19.99
Course Description
Manya Deva Natan and Jacob Stein discuss international estate planning and income tax planning for non-resident aliens.
Course Agenda
What structures can NRAs use to navigate around the low exclusion amount and why it pays to plan
The dream inheritance ? U.S. citizen/resident heirs of NRAs
Discussion of case studies from real-life
Avoiding or minimizing withholding on US income
FIRPTA, portfolio income loans, branch profits tax
Optimal structures for NRA investment in the US
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 GA - Self Study: 1.0 Credits NH - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TX - General: 1.0 Credits
Course Presenter(s)
Jacob Stein, Esq
Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry.
Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.
He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.
Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.
He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.
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.
Course Agenda
The Opioid Crisis: How Prevalent is it?
What are Opioids?
The most commonly used opioids
Common Opioid Risks
Opioid Side Effects
2016 ABA Survey
Profession drives depression
Driving Factors to use Opioids
Help Available for Attorneys
"The Other Bar" - otherbar.org
Other Bar "self test"
My Own Experience
Opioid Treatment Alternatives
Course Credit per State
AZ - General: 1.0 Credits CA - Competence Issues: 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 MS - General: 1.1 Credits NJ - Ethics: 1.3 Credits NV - Substance Abuse: 1.0 Credits NY - General: 1.0 Credits OH - Attorney Professional conduct: 1.0 Credits OK - Distance Learning: 1.0 Credits PA - Distance Learning: 1.0 Credits SC - Substance Abuse: 1.05 Credits TX - General: 1.0 Credits UT - Self Study: 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.
Over the past decade, a number of well-publicized data leaks have revealed the secret offshore holdings of high-net-worth individuals and multinational taxpayers, leading to a sea change in cross-border tax enforcement. Spurred by leaked data, tax authorities have prosecuted offshore tax cheats, attempted to recoup lost revenues, enacted new laws, and signed international agreements that promote "sunshine" and exchange of financial information between countries.
The conventional wisdom is that data leaks enable tax authorities to detect and punish offshore tax evasion more effectively, and that leaks are therefore socially and economically beneficial. This Article argues, however, that the conventional wisdom is too simplistic. In addition to its clear benefits, leak-driven lawmaking carries distinctive risks, including the risk of agenda setting by third parties with specific interests and the risk associated with leaks' capacity to trigger non-rational responses. Even where leak-driven lawmaking is beneficial overall, it is important to appreciate its distinctive downside risks, in order to best design policy responses.
This Article is the first to thoroughly examine both the important beneficial effects of tax leaks, and their risks. It provides suggestions and cautions for making and enforcing tax law, after a leak, in order to best tap into the benefits of leaks while managing their pitfalls.
Course Agenda
INTRODUCTION
THE EMERGENCE OF TAX LEAKS
Understanding the Emergence of Tax Leaks
Seven Significant Leaks
Some Initial Observations
THE BENEFITS AND RISKS OF TAX LEAKS
Cross-Border Tax Administration and Enforcement
The Benefits of Leaked Information
The Distinctive Risks of Tax Leaks
LEAK-DRIVEN LAWMAKING IN THE REAL WORLD
Agenda Setters
The Messy Transmission of Leaked Data
Leak-Driven Laws
LAW, AFTER THE LEAK
Suggestions for Optimal Leak-Driven Lawmaking
The Road Ahead: Three Open Questions
Course Credit per State
AK - Voluntary: 1.5 Credits CA - General: 1.5 Credits CT - General: 1.5 Credits FL - Technology: 1.5 Credits IN - Distance Education: 1.6 Credits ND - Self Study: 1.5 Credits NV - General: 1.5 Credits NY - General: 1.5 Credits PA - Distance Learning: 1.5 Credits
Course Presenter(s)
Course Price:
$24.99
Managing Data Privacy Risk for Life Science Companies
Managing Data Privacy Risk for Life Science Companies Details
Price:
$19.99
Course Description
Course Agenda
Topics for Discussion
How and when HIPAA applies to Life Sciences Companies
Examples of current government agency enforcement of HIPAA and other privacy statutes that apply to life sciences
Safely and legally conducting data transfers from the EU to the U.S using the health data exception
The new EU General Data Protection Regulation (GDPR) and its impact on life sciences companies
Cybersecurity and the board of directors: fiduciary duties and governance
Course Credit per State
AK - Voluntary: 1.0 Credits AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - Technology: 1.0 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits
Course Presenter(s)
Diana Maier
Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.
Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.
Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.
In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.
Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.
Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.
You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.
Course Price:
$19.99
Managing Sexual Harassment Investigations and Employee Training Obligations
Managing Sexual Harassment Investigations and Employee Training Obligations Details
Price:
$19.99
Course Description
California law has taken a leading role in requiring proactive steps to prevent workplace harassment and bullying. This session covers the latest rule changes, which impact small business, including law firms, more than ever before in terms of workplace training obligations as well as the need to put message into action by investigating issues of harassment and abusive conduct in the workplace. With a 2020 deadline approaching for expanded workplace training requirements, and at a time when the number of harassment and bullying claims continues to increase, the need to stay in compliance warrants everyone's attention.
Course Agenda
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 GA - Self Study: 1.0 Credits NC - General: 1.0 Credits NH - General: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits OK - Distance Learning: 1.0 Credits PA - Distance Learning: 1.0 Credits TX - General: 1.0 Credits UT - Self Study: 1.0 Credits
Course Presenter(s)
Thomas A. Lenz
Experience
Thomas A. Lenz is a Partner in Atkinson, Andelson, Loya, Ruud & Romo, (AALRR), a leading full-service firm with over 180 attorneys in 9 offices in California. Mr. Lenz handles all aspects of labor and employment law issues and heads the firm's traditional labor and National Labor Relations Board practices. He works with employers in all major industries across California and the West. Mr. Lenz served as Chair of the Labor and Employment Section for the California Lawyers Association (formerly the State Bar of California) during the 2017-2018 term. He serves as a Lecturer in Law, teaching at the USC Gould School of Law.
Education
Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).
Memberships
Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).
Awards and Recognitions
Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.
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 AZ - General: 2.0 Credits CA - General: 1.5 Credits CT - General: 1.5 Credits FL - General: 2.0 Credits GA - Self Study: 1.5 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 NH - General: 2.0 Credits NJ - General: 2.0 Credits NV - General: 1.5 Credits NY - General: 2.0 Credits OK - Distance Learning: 2.0 Credits PA - Distance Learning: 1.5 Credits SC - General: 1.68 Credits TX - General: 1.75 Credits UT - Self Study: 1.5 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.
Course Price:
$29.99
Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know About Privacy Law
Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know About Privacy Law Details
Price:
$19.99
Course Description
No matter what kind of law practice you have, you need to comply with privacy laws generally and lawyers' ethical duties with respect to privacy, specifically. In this presentation, legal ethics counsel Sarah Banola (Cooper, White and Cooper, LLP) and employment and privacy attorney Diana Maier (Law Offices of Diana Maier) deliver a primer on privacy law and teach you the key areas of privacy law and associated ethical obligations.
Course Agenda
What Is Privacy Law?
What Is Privacy Law?
Why Is Privacy Law So Hot Right Now?
Why Is Privacy Law So Hot Right Now?
How Do We Practice Good Privacy?
Issue Spotting for Privacy Violations
Privacy Practices for Attorneys
Privacy Practices for Attorneys ? The Risks Of Noncompliance
Law Firms Are Not Immune
Sensitive Client Data Collection by Firms
Storage of Personal Information
Data Retention & Destruction
Ethical Obligations
Duty of Confidentiality ? California Law
Duty of Confidentiality ? Model Rule 1.6
Duty of Confidentiality And Use Of Social Media
Duty of Communication
Ethics Opinions
Cloud Computing
Privacy Practices for Attorneys - Service Provider Management
Privacy Practices for Attorneys ? The Risks of Noncompliance With Fiduciary Duties
Checklist
Resources
Course Credit per State
CA - General: 1.0 Credits CO - General: 1.2 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits WV - General: 1.2 Credits
Course Presenter(s)
Diana Maier
Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.
Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.
Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.
In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.
Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.
Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.
You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.
Sarah J. Banola
Sarah Banola is a senior counsel in the litigation department at Cooper, White & Cooper LLP's San Francisco office. She concentrates her practice in the areas of employment law and professional responsibility. Her employment law background includes defense of claims of discrimination, wrongful termination, harassment and wage and hour violations. Ms. Banola also counsels clients on employee separations, severance agreements, classification of employees as exempt or non-exempt, disability, leave and accommodation issues, and personnel policies. She has represented employers in proceedings before the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the Workers' Compensation Appeals Board, the Employment Development Department, the California Labor Commissioner, the Division of Occupational Safety and Health, and the National Labor Relations Board. Ms. Banola also represents lawyers and law firms in matters related to legal ethics, legal negligence, attorney-client fee disputes, professional discipline, State Bar admission, conflicts of interest, disqualification motions and law firm break-ups.
She earned her B.A. from Grinnell College in 1999 and her J.D. with honors in 2002 from Rutgers School of Law-Newark and was inducted into the Order of the Coif. While at Rutgers, Ms. Banola served as an Articles Editor for the Computer and Technology Law Journal and Vice Chair of the Public Interest Law Foundation. She also was the recipient of the second place award for the California Western Law Review Intellectual Property Writing Competition.
After law school, Ms. Banola served as a law clerk to the Honorable Louisa S. Porter, Magistrate Judge for the Southern District of California, and as a law clerk to the Honorable James J. Petrella, Presiding Judge of the Appellate Division for the Superior Court of New Jersey. Prior to joining Cooper in May 2007, Ms. Banola was a commercial litigation associate at Simpson Thacher & Bartlett LLP's Palo Alto office.
Ms. Banola is a member of the State Bar of California, the Bar Association of San Francisco, and the Association of Professional Responsibility Lawyers. She serves as Vice Chair of the Bar Association of San Francisco's Legal Ethics Committee and volunteers with the Bar Association of San Francisco's Consumer Debt Defense and Education Clinic. She served as a co-chair for the Queen's Bench Amicus Briefs Committee in 2008. She is admitted to practice before the United States District Courts for the Northern and Eastern Districts of California and before the Ninth Circuit Court of Appeals.
This presentation by Rachel L. Hulkower from CDC will address the legal principles framing the collection, use, and release of health data for public health activities, including issues such as privacy, confidentiality, HIPAA, and data use agreements.
Course Agenda
Public Health Law Program
Privacy, Confidentiality, Security, and Authorization - Untangling the Legal Issues
Sources of Data - Disease Surveillance, Reporting, and the Law
Uses of Data - State Authority to Investigate and Control Disease Outbreaks
Disclosure of Data - Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule
Data Use Agreements
Course Credit per State
AK - Voluntary: 1.0 Credits AL - On-Demand: 1.3 Credits AZ - General: 1.25 Credits CA - General: 1.25 Credits CT - General: 1.3 Credits FL - General: 1.25 Credits IN - Distance Education: 1.3 Credits ME - Self Study: 1.25 Credits ND - Self Study: 1.0 Credits NV - General: 1.0 Credits NY - General: 1.0 Credits PA - Distance Learning: 1.0 Credits TN - General: 1.2 Credits
Learning Objectives
After this course, attendees will be able to
Describe the reasons for concern over the issue of diminished capacity in older clients
Understand the differences among testamentary, contractual and financial capacity for decision making in their clients
Identify the nine domains of financial capacity
Describe criteria for a lawyer to use in assessing a client's capacity for decisions
State generally how to assess an aging client's basic abilities that demonstrate capacity for decisions
Identify alternatives to guardianship or conservatorship for clients as the least restrictive choices
Understand the lawyer's role in financial elder abuse prevention and ethical choices in whether to report abuse
Consider options when using mediation of elder related issues.
Course Agenda
1. Introduction- why are we talking about this?
2. Ethical concerns with older clients, the risks to lawyers
3. The continuum of decisional capacity
Testamentary
Contractual
Financial
4. The Complexities of Financial Capacity
Nine domains or areas needed to have capacity
5. How do you determine a client's capacity?
Criteria every lawyer should use
6. The impaired client
Using surrogates
Considerations
Reasoning, appreciation, consistency
7. Least restrictive alternatives for your client
8. Ethical choices when a client is impaired
Dangers for the client with your choices
9. Financial elder abuse
Extent of the problem
The lawyer's role in prevention
Report abuse or not?
10. Ethical concerns in mediation of elder-related issues
Illustration
11. Summary
Course Credit per State
CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.0 Credits ME - Professional Responsibility: 1.0 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.22 Credits
Course Presenter(s)
Carolyn Rosenblatt
Carolyn Rosenblatt is an attorney and mediator with over 45 years of experience in her combined professions. Together with her co-presenter and husband, geriatric psychologist Dr. Mikol Davis, she founded AgingParents.com, a resource for families, and AgingInvestor.com offering training about aging issues for professionals. She is a consultant in aging and mediator and has been quoted in the Wall Street Journal, the New York Times, Reuters, NextAvenue, Bankrate, ThinkAdvisor, Financial Planning, AARP, the National Safety Council journal and many other sources. Ms. Rosenblatt blogs at Aging Parents on Forbes.com. She is the author of The Family Guide to Aging Parents, ABA's Working with Aging Clients: A Guide for Lawyers, Business and Financial Professionals and Succeed With Senior Clients, A Financial Advisor's Guide to Best Practices. For more information, visit www.agingparents.com and http://www.aginginvestor.com.
Dr. Mikol Davis
Dr. Mikol Davis has over 40 years of clinical experience in mental health. He frequently assesses capacity for decision making in aging adults. He continues to provide direct mental health services. Dr. Davis creates many online courses and products to assist with understanding aging issues and has extensive experience in treating anxiety and depression for persons of all ages. He has a special focus on geriatrics. He is a mediator of family conflicts with issues about elders. He volunteers as a settlement panelist for Marin County Courts in high conflict family matters. Dr. Davis and his co-presenter Ms. Rosenblatt, share a passion for elder abuse prevention. He co-authored Succeed With Senior Clients, A Financial Advisor's Guide to Best Practices He and Ms. Rosenblatt have been married for 34 years. For more information, visit www.agingparents.com and http://www.aginginvestor.com.
The Five Fundamentals of Federal Employment Law Details
Price:
$24.99
Course Description
In this course, attorney David Graulich will cover the five fundamentals of employment law. He begins by discussing title 7 of the Civil Rights Act, which basically begins the modern era of employment law. He will then will move on to cover at will employment, who is an employee? (employee vs. independent contractor), exempt or non-exempt? and the large area of leaves of absence law under the federal venue.
Course Agenda
1. Title 7 of the Civil Rights Act
Begins the modern era of employment law
First major move into regulating the private workplace
Race and gender discrimination
Equal Employment Opportunity Commission & right to sue letters
Griggs v Duke Power Co, 401 US 424 (1971)
EEOC v Abercrombie & Fitch
Shifting burdens in litigation
2. At Will Employment
3. Who Is an Employee?
Employee vs Independent Contractor
Common law agency test
Economic realities test
IRS rules & case law
Employment laws only protect employees
4. Exempt or Non-Exempt?
Why is this important
Brain vs Muscle framework
50% rule ? exempt vs non-exempt tasks
5. Leaves of Absence Law
Family medical leave act
Sexual harassment in the workplace
Course Credit per State
CA - General: 1.25 Credits CT - General: 1.25 Credits FL - General: 1.25 Credits NY - General: 1.5 Credits PA - Distance Learning: 1.5 Credits WA - General: 1.25 Credits WV - General: 1.54 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.
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