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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.

If you are new to MCLEZ, try a course for free before you make your purchase with our Free CLE program. To easily fulfill your allowable Pennsylvania Distance Learning CLE credits, see our Pennsylvania Bundles page under State CLE Bundles.

MCLEZ is a Pennsylvania Distance Learning Accredited Provider.

Pennsylvania CLE Course Catalog

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A Modern Look at Contractors v. Employees

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A Modern Look at Contractors v. Employees Details


Price:
$29.99

Course Description

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
  • How does the government know/find out?
  • What are the penalties if you get it wrong?
  • What do you do to protect yourself?
Sharing Economy
  • What is the sharing economy?
  • Worker classification ? independent contractor
  • Classification lawsuits
    • Lyft, uber, washio, homejoy, shyp, postmates, instacart, handy
Ethical Issues Revisited
  • Ethical considerations
    • Model rules of professional conduct
    • Rule 2.1 ? advisor
  • 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


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CO - General: 1.2 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
GA - Self Study: 1.0 Credits
IL - General: 1.0 Credits
MO - Self Study: 1.2 Credits
MS - General: 1.0 Credits
NC - General: 1.0 Credits
NH - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits
TN - General: 1.0 Credits
UT - Self Study: 1.0 Credits
WA - General: 1.0 Credits
WI - On-Demand: 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 Primer on International Taxation

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A Primer on International Taxation Details


Price:
$19.99

Course Description

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
CO - General: 1.3 Credits
CT - General: 1.0 Credits
IL - General: 1.0 Credits
ME - Self Study: 1.08 Credits
NH - General: 1.0 Credits
NJ - General: 1.3 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
PA - Distance Learning: 1.0 Credits
SC - General: 1.08 Credits
TX - General: 1.0 Credits
VA - General: 1.0 Credits
WI - On-Demand: 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

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ABA professional responsibility Client-Lawyer Guidelines Details


Price:
$29.99

Course Description

The Rules of Professional Conduct created by the American Bar Association are "the gold standard" when making decisions about legal ethics and best practice. These rules have been adapted by most state bars for the benefit of their members. In addition, the Rules are a standard authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this MLCEZ course, David Graulich, Esq. provides a closer look at the ABA Rules that pertain to the attorney-client relationship. What is the division of authority between the client and the attorney? How does an ethical attorney avoid the appearance "or reality -- of conflict of interest" Can an attorney ethically agree to represent a client in an unfamiliar area of law? Can an attorney loan money to a client? Graulich illustrates the rules with real-life examples as well as working through hypothetical ethical questions that typically arise in private practice.

Course Agenda

Course Credit per State


AZ - Ethics: 2.0 Credits
CA - Ethics: 2.0 Credits
CO - Ethics: 2.3 Credits
CT - Ethics: 2.0 Credits
IL - Professional Responsibility: 1.75 Credits
KS - Ethics: 2.0 Credits
ME - Professional Responsibility: 1.88 Credits
NC - Professional Responsibility: 1.75 Credits
NJ - Ethics: 2.3 Credits
NY - Ethics: 2.0 Credits
OH - Attorney Conduct: 2.0 Credits
OK - Legal Ethics: 2.0 Credits
PA - Ethics: 2.0 Credits
SC - Ethics: 1.88 Credits
TX - Ethics: 2.0 Credits
UT - Ethics: 2.0 Credits
VA - Ethics: 2.0 Credits

Course Presenter(s)

David Graulich, Esq.

Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.

  Course Price:
$29.99
 
 

Advanced Topics in Employment Law

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Advanced Topics in Employment Law Details


Price:
$29.99

Course Description

This course is a companion to David Graulich's previous MCLEZ class, FIVE FUNDAMENTALS OF FEDERAL EMPLOYMENT LAW. The issues in this class are drawn from emerging controversies and court decisions in 2016 and 2017. Graulich examines the alarming erosion of privacy in the workplace and how the intrusion into employees? emails and files by employers has become routine. The course will cover the proliferation of local employment laws, enacted by cities and counties, that often contradict or conflict with federal workplace laws. The rise of "the gig economy," with companies such as Uber and Lyft, has created new controversy around the question "what is an employee." Graulich will also discuss how the rise of compulsory arbitration is replacing the jury trial as a venue for resolution of employment cases.

Course Agenda

  • LOCAL JURISDICTIONS
  • ARBITRATION
  • EMPLOYEE OR CONTRACTOR?
  • PREDICTABLE SCHEDULING
  • EMPLOYEE PRIVACY IN THE WORKPLACE

Course Credit per State


AZ - General: 2.0 Credits
CA - General: 2.0 Credits
CO - General: 2.16 Credits
CT - General: 2.0 Credits
IL - General: 1.75 Credits
KS - General: 2.0 Credits
ME - Self Study: 1.8 Credits
NC - General: 1.75 Credits
NJ - General: 2.2 Credits
NY - General: 2.0 Credits
OH - Self Study: 1.75 Credits
OK - Distance Learning: 2.0 Credits
PA - Distance Learning: 2.0 Credits
SC - General: 1.8 Credits
TX - General: 2.0 Credits
UT - Self Study: 2.0 Credits
VA - General: 2.0 Credits
WI - On-Demand: 2.0 Credits

Course Presenter(s)

David Graulich, Esq.

Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.

  Course Price:
$29.99
 
 

Attorneys and the Cloud

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Attorneys and the Cloud Details


Price:
$19.99

Course Description

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.)
  • Mozy & Carbonite backup services
  • Remote access: Logmein, GoToMyPc, Teamviewer, Join.me
  • Encrypted Email Servers: DiaLawg, Rpost,ZixCorp, Barracuda

Course Credit per State


AZ - Ethics: 1.0 Credits
CA - Ethics: 1.0 Credits
CO - Ethics: 1.3 Credits
CT - Ethics: 1.0 Credits
IL - Professional Responsibility: 1.0 Credits
NJ - Ethics: 1.3 Credits
NY - Ethics: 1.0 Credits
OH - Attorney Conduct: 1.0 Credits
PA - Ethics: 1.0 Credits
TX - Ethics: 1.0 Credits
VA - 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
 
 

Computer Security for Todays Law Office

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Computer Security for Todays Law Office Details


Price:
$34.99

Course Description

Most attorneys and law offices are aware of the electronic threats that face them, their information and their clients? information. However, most attorneys, and their staffs, are unsure of what to do about these threats and risks. This program provides an understanding of the sources of these threats, how they work, and what can be done in the event that security is, indeed, breached. Most importantly, this presentation provides concrete steps on how to implement an effective, proactive plan on how to prevent and avoid these security problems.

Course Agenda

  • Virus types
  • How viruses work
  • The relationship between virus protection and firewalls
  • Virus Protection
  • Secure Email
  • Workstation Security
  • Firewalls
  • Internet & Email Security Policies
  • What is the risk?
  • Security threat sources
  • What to look for in your security system
  • What to do if you encounter a security problem
  • Formulating a plan for a secure system
  • Future challenges to computer security for law offices

Course Credit per State


AK - Voluntary: 2.0 Credits
AL - On-Demand: 2.0 Credits
AZ - General: 2.0 Credits
CA - General: 2.0 Credits
CO - General: 2.5 Credits
FL - Technology: 2.5 Credits
IL - General: 2.0 Credits
MO - Self Study: 2.48 Credits
MT - Self Study: 2.0 Credits
ND - Self Study: 2.0 Credits
NY - General: 2.0 Credits
PA - Distance Learning: 2.0 Credits
TN - General: 2.07 Credits
VT - Self Study: 2.0 Credits
WA - General: 2.0 Credits
WV - General: 2.48 Credits

Course Presenter(s)

Russell Jackman, Esq.

Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.

  Course Price:
$34.99
 
 

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

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


Price:
$19.99

Course Description

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

Course Agenda

My Background

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

What is a Conflict of Interest?

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

Possible Consequences of Conflicts Representation

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

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

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

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

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

Decision to Refrain from Handling Representation

Challenges to Representation

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

Possible Consequences for Innocent Clients

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

Kinds of Conflicts

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

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

Conflicts involving Former Clients

  • The Former Client Conflict Rule Generally

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

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

Personal Interest Conflicts

  • Pecuniary Interest Conflicts
    • Example: Business Transactions Rule

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

Relationship Conflicts

  • Familial Relationships
  • Sexual Relationships

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

Other types of Conflicts

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

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

Imputed Conflicts (most important)/Imputed Disqualification Rule

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

Avoiding Conflicts

Declining to Take on Conflicted Representation

Before you can decline, need to detect: Conflicts checks

Other Means for Avoiding Conflicts

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

Curing Conflicts

Consent

  • Why consent is a cure

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

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

Screening (10 minutes)

History of Screening Defense

Evolution of ABA View of Screening (2009)

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

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

Course Credit per State


AK - Ethics: 1.0 Credits
AZ - Ethics: 1.0 Credits
CA - Ethics: 1.0 Credits
CO - Ethics: 1.3 Credits
FL - Ethics: 1.0 Credits
IL - Professional Responsibility: 1.0 Credits
MS - Ethics: 1.1 Credits
MT - Ethics: 1.0 Credits
ND - Ethics: 1.0 Credits
NH - Ethics: 1.0 Credits
NY - Ethics: 1.0 Credits
PA - Ethics: 1.0 Credits
TN - Dual: 1.08 Credits
TX - Ethics: 1.0 Credits
WA - Ethics: 1.0 Credits
WV - Ethics: 1.3 Credits

Course Presenter(s)

Richard Flamm

Richard E. Flamm, a 1981 Rutgers Law School graduate, is a nationally-recognized expert in the field of legal ethics. A litigator for more than 20 years, since 1995 Mr. Flamm has concentrated on his Berkeley California-based law and consulting practice. In his practice, Mr. Flamm provides representation, advice and expert witness testimony with respect to legal and judicial ethics, legal malpractice, and breach of fiduciary duty matters -- with an emphasis on legal, judicial, and quasi-judicial disqualification motions and appeals.

In his capacity as an expert witness, Mr. Flamm has testified, either in court or by way of affidavit, in dozens of cases involving matters of legal and/or judicial ethics. Mr. Flamm's extensive client list includes many of the nation's leading corporations and law firms.

Mr. Flamm is the author of two highly-acclaimed treatises: Lawyer Disqualification: Conflicts of Interest and Other Bases, and Judicial Disqualification: Recusal and Disqualification of Judges, which has been widely relied on by state and federal courts throughout the country. Both works are published by Banks and Jordan Law Publishing: www.banksandjordan.com. He has also authored numerous scholarly articles on conflicts of interests, disqualification and related subjects for law reviews and other publications.

  Course Price:
$19.99
 
 

Depositions

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Depositions Details


Price:
$24.99

Course Description

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


    AL - On-Demand: 1.4 Credits
    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
    KY - General: 1.25 Credits
    MO - Self Study: 1.5 Credits
    NC - General: 1.25 Credits
    NH - General: 1.35 Credits
    NJ - General: 1.6 Credits
    NY - General: 1.5 Credits
    OK - Distance Learning: 1.5 Credits
    PA - Distance Learning: 1.5 Credits
    TX - General: 1.5 Credits
    UT - Self Study: 1.5 Credits
    VA - General: 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.

  Course Price:
$24.99
 
 

Effective Use of Experts in Litigation

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Effective Use of Experts in Litigation Details


Price:
$24.99

Course Description

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
IL - General: 1.25 Credits
KS - General: 1.5 Credits
ME - Self Study: 1.41 Credits
NJ - General: 1.7 Credits
NY - General: 1.5 Credits
OH - Self Study: 1.5 Credits
OK - Distance Learning: 1.5 Credits
PA - Distance Learning: 1.0 Credits
SC - General: 1.41 Credits
TX - General: 1.5 Credits
UT - Self Study: 1.5 Credits
VA - General: 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.

  Course Price:
$24.99
 
 

Ethical Issues in EB-5 and DACA Cases

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Ethical Issues in EB-5 and DACA Cases Details


Price:
$19.99

Course Description

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
AL - Ethics: 1.0 Credits
AZ - Ethics: 1.0 Credits
CA - Ethics: 1.0 Credits
CO - Ethics: 1.2 Credits
CT - Ethics: 1.0 Credits
FL - Ethics: 1.0 Credits
GA - Ethics: 1.0 Credits
IL - Professional Responsibility: 1.0 Credits
KY - Ethics: 1.0 Credits
MO - Ethics: 1.0 Credits
NH - Ethics: 1.0 Credits
NJ - Ethics: 1.2 Credits
NY - Ethics: 1.0 Credits
OK - Legal Ethics: 1.0 Credits
PA - Ethics: 1.0 Credits
SC - Ethics: 1.0 Credits
TN - Dual: 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.

  Course Price:
$19.99
 
 

Ethical Issues of Contemporary Criminal Justice

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Ethical Issues of Contemporary Criminal Justice Details


Price:
$29.99

Course Description

Ethical Issues of Contemporary Criminal Justice explores standards of professional responsibility specific to legal representation, law enforcement, and corrections in the United States. Attorneys will define and apply concepts in the analysis of law and policy through an increased awareness of the Model Rules and Codes of Conduct. This course examines current prominent cases and their dilemmas to effectively present relevant ethical issues in an easily understandable context.

Course Agenda

  • Overview
  • Model Rules of Professional Conduct
  • The Law, the Right to Practice and the Legal Professional:
    • Right to practice  
    • Sources of regulation  
    • Preventing unauthorized practice of law 
  • Duties of Those who Practice in Criminal Justice System:
    • Prosecution for the people
    • Defense for the accused
    • Judges for everyone
  • Fees and Contracts:
    • Formation of relationship between client and lawyer
    • Agreement and scope of representation
    • Terminating the lawyer-client relationship
  • Confidential Information:
    • Attorney-client privilege
    • Duty of confidentiality
    • When confidences are waived
  • Unimpaired Loyalty and the Avoidance of Conflicts of Interest:
    • Personal interests that may affect objectivity
    • Concurrent representation of clients with conflicting interests
    • Conflict between current and former clients
  • Obligations to Third Parties and the Legal System:
    • Counseling or assisting illegal or fraudulent conduct
    • Requirement of honesty in communications
    • Threats of criminal prosecution
  • Special Obligations to Lawyers in Litigation:
    • Duty to reject actions brought merely to harass or injure
    • Limitations on trial publicity
    • Duty of honesty and disclosing perjury
  • Business of Practicing Law:
    • Solicitation and advertising
    • Regulation of specialization
    • Division of fees
  • District Attorney Issues:
    • Formal disciplinary process
    • Personal financial liability
    • Contempt sanction
  • Lack of Resources and the Responsibilities of Judges:
    • Disqualification and recusal
    • Extrajudicial money making 
    • Political activity and appearance of impropriety

    Course Credit per State


    AK - Ethics: 1.75 Credits
    AL - Ethics: 1.8 Credits
    AZ - Ethics: 1.75 Credits
    CA - Ethics: 1.75 Credits
    CO - Ethics: 2.1 Credits
    CT - Ethics: 1.75 Credits
    FL - Ethics: 2.0 Credits
    GA - Ethics: 1.8 Credits
    IL - Professional Responsibility: 1.75 Credits
    IN - Ethics: 1.8 Credits
    MO - Ethics: 2.0 Credits
    NC - Professional Responsibility: 1.75 Credits
    NH - Ethics: 1.75 Credits
    NY - Ethics: 2.0 Credits
    PA - Ethics: 2.0 Credits
    TN - Dual: 1.75 Credits
    WA - Ethics: 1.75 Credits
    WV - Ethics: 2.1 Credits

    Course Presenter(s)

    Greg Woods, J.D.

    Greg Woods received his Doctor of Jurisprudence from San Francisco Law School and holds a Bachelor of Arts from San Jose State University. At San Francisco Law School Greg was a recipient of the Bernard Witkin Award for academic excellence in Contracts Writing and was an editorial staff member with the San Francisco Law Review. He served as a Certified Legal Intern with the Office of the District Attorney in San Francisco.

    Greg Woods presently serves as Lecturer with the Department of Criminal Justice Studies at San Francisco State University and was recently named Lecturer of Justice Studies at San Jose State University and at the Department of Criminology Studies at Sonoma State University.

    As an educator, constitutional scholar, law enforcement/legal trend watcher and student of history, Greg constantly seeks and receives information from a wide variety of sources and is in the forefront as a commentator on topical issues in Criminal Law.

    Outside the classroom, Greg has been acknowledged by former students at the annual San Francisco State Scholar Athlete Reception as a faculty member who ?made a valuable impact on their academic life.?

  Course Price:
$29.99
 
 

Ethics for Patent Attorneys and Patent Agents

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Ethics for Patent Attorneys and Patent Agents Details


Price:
$19.99

Course Description

Patent attorneys are bound by their local State Bar Rules and the Code of Conduct contained in Code of Federal Regulations Title 37. Among the many local State Bar Rules addressed by Steve Nielsen are the duties to maintain client secrets, to maintain a client trust account and to address actual and potential conflicts of interest. Mr. Nielsen then walks through the Patent and Trademark Office Code of Professional Responsibility Canons and Disciplinary Rules, distinguishing between them, addressing each Canon and providing guidance on how to avoid disciplinary proceedings resulting from violations. From fee agreements to inventor conflicts of interest, security issues ranging from the basics of locks on file cabinets to encryption, to limiting business relationships with clients, Mr. Nielsen covers the spectrum of the disciplinary minefield. This is truly a program in which the adage "an ounce of prevention is worth a pound of cure" applies.

Course Agenda

  • Disclose Adverse Legal Authority
  • Inventor Conflicts
  • Threatening Criminal Prosecution
  • Fee Agreements
  • To Search or Not? No duty to search for prior art
  • Patent Litigation
  • Pre-Litigation Markman Analysis
  • Ethics of Pre Litigation
  • Litigation Blowback
  • Office of Enrollment and Discipline (OED) Tales of Woe and Anguish
  • Malpractice Suits
  • Conflict of Interest
  • Money Problems and Issues
  • Bad Checks
  • Tax Fraud
  • Bounced Checks to the USPTO

Course Credit per State


AK - Ethics: 1.0 Credits
AL - Ethics: 1.0 Credits
AZ - Ethics: 1.0 Credits
CA - Ethics: 1.0 Credits
CO - Ethics: 1.2 Credits
FL - Ethics: 1.0 Credits
NH - Ethics: 1.0 Credits
NY - Ethics: 1.0 Credits
PA - Ethics: 1.0 Credits
TN - Dual: 1.0 Credits
WA - Ethics: 1.0 Credits
WV - Ethics: 1.2 Credits

Course Presenter(s)

Steven A Nielsen
Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science. He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
  Course Price:
$19.99
 
 

IT 4 The JD

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IT 4 The JD Details


Price:
$19.99

Course Description

This program offers to the legal professional a treasure trove of Information Technology tips, tricks and advice on how to upgrade your law office, legal department or legal assistant practice and get the most out of your (limited) technology budget!

Course Agenda

  • What sort of system stats you should be looking for when upgrading your system
    • Is it time to upgrade?
    • What are some of the costs?
    • What should I make sure to upgrade/keep in place?
  • Working with Windows 8
  • Antivirus & Firewalls, computer security & safety
  • Cloud computing
  • Backups
  • Discussions about case management systems
  • Trends & Fads: where are we headed with IT in the near future!

This program is ideal for the solo practitioner, paralegal/legal assistant, small office or even mid-sized office that wants to review their technology in an unbiased, non-sales environment! Mr. Jackman has been providing technology consulting solutions to law offices since 1999, so take advantage of this session to find out what you need to be on the cutting edge of today?s technology!

Course Credit per State


AK - Voluntary: 1.0 Credits
AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CO - General: 1.3 Credits
FL - Technology: 1.0 Credits
MO - Self Study: 1.26 Credits
MT - Self Study: 1.0 Credits
ND - Self Study: 1.0 Credits
NH - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits
TN - General: 1.05 Credits
VT - Self Study: 1.0 Credits
WA - General: 1.0 Credits
WV - General: 1.26 Credits

Course Presenter(s)

Russell Jackman, Esq.

Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.

  Course Price:
$19.99
 
 

Legal Ethics: The Limits of Aggressive Counsel

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Legal Ethics: The Limits of Aggressive Counsel Details


Price:
$19.99

Course Description

In this presentation Barry Kaye and Alan F. Broidy will discuss different issues that come up from professional responsibility angles, as well as statutory issues of malicious prosecution that could arise in the context when attorneys go beyond what they should be doing in their required ethical bounds. They will explore what role the attorney should be playing in terms of devising novel legal arguments. They will take look at what the courts say, as well as the existing codes of professional conduct.

Course Agenda

  • What is the limit?
  • Rules of Professional Conduct
  • Example
  • Elements of Malicious Prosecution
  • Drawbacks of Malicious Prosecution
  • Abuse of Process
  • No Malice?
  • The Franklin Mint (Manatt) Case
  • The Courts and Franklin Mint
  • Practicing outside of competency

Course Credit per State


AK - Ethics: 1.0 Credits
AL - Ethics: 1.0 Credits
AZ - Ethics: 1.0 Credits
CA - Ethics: 1.0 Credits
CO - Ethics: 1.2 Credits
CT - Ethics: 1.0 Credits
FL - Ethics: 1.0 Credits
GA - Ethics: 1.0 Credits
IL - Professional Responsibility: 1.0 Credits
IN - Ethics: 1.0 Credits
KY - Ethics: 1.0 Credits
MO - Ethics: 1.0 Credits
MS - Ethics: 1.0 Credits
NH - Ethics: 1.0 Credits
NJ - Ethics: 1.2 Credits
NY - Ethics: 1.0 Credits
PA - Ethics: 1.0 Credits
SC - Ethics: 1.0 Credits
TN - Dual: 1.0 Credits
WV - Ethics: 1.2 Credits

Course Presenter(s)

Barry Kaye

Barry Kaye, Esq. is a member of the faculty at Berkeley Law (Boalt Hall) and an innovative and detail-oriented attorney with a reputation for bringing people together and structuring complex transactions. His entrepreneurial character and versatile skill set have allowed Mr. Kaye to move deftly between the law and business and weave a unique, well-diversified practice. Mr. Kaye's professional history shows experience and expertise in three main areas: intellectual property, real estate and business. After graduating from law school, Mr. Kaye clerked for U.S. District Judge A. Andrew Hauk in Los Angeles.

Following his clerkship, Mr. Kaye joined Hennigan, Mercer & Bennett, where he was part of the team that successfully represented Orange County in their bankruptcy and securities litigation. His areas of practice currently include real estate, intellectual property and general business transactions and litigation. He has also developed an expertise in the state and federal "Do Not Call" regulations. In addition to practicing law, Mr. Kaye maintains a profile in the real estate and finance worlds. He earned his JD in 1994 from the Benjamin N. Cardozo School of Law and is an active member of the California and New York bars.

  Course Price:
$19.99
 
 

Mastering Legal Malpractice Insurance

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Mastering Legal Malpractice Insurance Details


Price:
$19.99

Course Description

Professional Liability Insurance veteran Paul Dorroh provides information of vital importance to every practitioner. This program covers all the basics about why and how to purchase malpractice insurance, how to best purchase it and how to properly manage it.

Why buy malpractice insurance? Statistics indicate that the frequency of claims averages about 4% - similar to personal auto insurance, so it is not that unlikely to encounter a claim over the course of a legal career. You need to protect yourself, your clients ? and client relationships, avoid embarrassing disclosure of lack of coverage and meet specific insurance requirements of clients.

How to Buy: Learn the difference between use of a broker or buying direct, how to evaluate insurers, how to compare quotes and coverage, how to complete an application and how to choose limits of liability and coverage. Learn how to manage your policy when there are changes in your practice, how to report ?claims,? how to handle renewals and possible availability of Tail Coverage.

Course Agenda

  • Why buy malpractice insurance?
  • Protect yourself
  • Protect your clients - and client relationships
  • Avoid embarrassing disclosure of lack of coverage
  • Rule 3-410 Disclosure of Professional Liability Insurance
  • "A member who knows or should know that he or she does not have professional liability insurance shall inform a client in writing, at the time of the client's engagement of the member, that the member does not have professional liability insurance whenever it is reasonably foreseeable that the total amount of the member's legal representation of the client in the matter will exceed four hours."
  • Meet insurance requirements of clients: Businesses, governmental agencies and sophisticated individuals often have specific requirements for minimum amounts of professional liability insurance.
  • How to Buy Malpractice Insurance
  • Agent or broker vs. direct from insurer
  • Evaluating insurers
  • Co-Evaluating Policy Coverage
  • Completing an application
  • What is covered - errors and omissions vs. malpractice - is there a Who is covered - read this section carefully!
  • Exclusions - some traps for the unwary
  • The "Discovery Clause" and a common misconception
  • Who is covered - The obvious: current sole proprietor, shareholders, partners and employees, prior shareholders, partners, employees (but usually only while acting within scope of duties on behalf of Named)
  • The less obvious: What about of counsel, contract attorneys, firms, attorneys associated for specific matters
  • Exclusions - some traps for the unwary.
  • Definitions: This section can carve out other exceptions and limitations on coverage. For example, disgorgement or reduction of legal fees charged to the claimant is often carved out by the definition of The "discovery clause" and a common misperception
  • Choosing limits of liability and deductibles
  • Limits of liability - each claim and annual aggregate
  • Deductibles - each claim, loss only and aggregate
  • Prior Acts - what's possible and what's not
  • Managing your policy
  • Changes in your practice: Adding/deleting lawyers, merging practices.
  • Changes in Areas of Practice
  • Reporting "claims." Is it a claim? Does the insurer offer a "hotline" for confidential advice? Insurer's claims personnel may also offer guidance whether to report.
  • Renewals - when to shop around
  • Premium increases
  • Insurer status changes, e.g. financial downgrade
  • Coverage restrictions
  • Test the market periodically
  • Be aware of potential loss of "free tail" benefit
  • Understanding claims made premiums
  • Tail coverage: What is it? Extra time to report claims after final policy termination - either a finite or unlimited time. When is it an Issue? Do I need it? What does it cost?

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.3 Credits
    FL - General: 1.0 Credits
    IL - General: 1.0 Credits
    MO - Self Study: 1.26 Credits
    MT - Self Study: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NH - General: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    WA - General: 1.0 Credits
    WV - General: 1.26 Credits

    Course Presenter(s)

    Paul Dorroh, Esq.

    B.A., U.C. Berkeley
    J.D. Boalt Hall, U.C. Berkeley
    Active Member, the State Bar of California
    Licensed Insurance Agent-Broker in California

    Retired Senior Vice President, Marsh U.S. Consumer, a unit of Marsh & McLennan Companies, managing sponsored lawyers? professional liability insurance programs for a number of State Bar associations.

    Nearly 40 years of experience in designing, forming and managing professional liability insurance captive companies and commercially underwritten professional liability insurance plans for professional association of attorneys, physicians, dentists, allied health professionals and real estate professionals.

    Contact Information:
    Paul E. Dorroh
    Attorney at Law
    144 York Avenue
    Kensington, California 94708

  •   Course Price:
    $19.99
     
     

    Nuts and Bolts of NLRB Practice

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    Nuts and Bolts of NLRB Practice Details


    Price:
    $19.99

    Course Description

    Lawyers dealing with workplace issues need to know about labor law.  It is a fundamental and common mistaken belief that if workers are not represented by a union, the labor laws do not apply.

    While the vast majority of private sector employees, today, work without union representation, they are still covered and protected by labor laws.  Labor lawyers and employment lawyers need to know about the rights of employees under the National Labor Relations Act in order to understand the rights and duties of employees, employers, and labor unions.  This program will help labor and employment lawyers identify issues which may be regulated by NLRB in advising and representing their clients in this growing area of practice.

    The course will provide information on a number of topics.  The National Labor Relations Act and the rights it creates for employees in Section 7.  The importance and expanding notion of protected concerted activities protected by Section 7.  The applicability of protected concerted activity rights in union represented and unrepresented workplaces.  The representation election process administered by the National Labor Relations Board (NLRB).  New rules for the election process enacted by the NLRB, which took effect in April 2015.  The respective rights and duties of employees, employers, and labor unions in the election process.  NLRB's role in investigating and prosecuting both employers and labor unions for unfair labor practices when an employer or union is accused of violating employee rights.

    Course Agenda

    • Representation of Employees: Overview
    • Representation of Labor Unions: Overview
    • Representation of Employers: Overview
    • What Does NLRB Protect? Overview
    • NLRB in California
    • The NLRB?s Job
    • Representation Cases
    • NLRB Election Timetables and Cases
    • Post-Election Issues
    • Unfair Labor Practices Cases (Multiple)
    • Emerging Issues
    • Resources

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AL - On-Demand: 1.1 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.3 Credits
      CT - General: 1.0 Credits
      FL - General: 1.0 Credits
      GA - Self Study: 1.0 Credits
      IL - General: 1.0 Credits
      MO - Self Study: 1.2 Credits
      MS - General: 1.0 Credits
      NH - General: 1.08 Credits
      NJ - General: 1.2 Credits
      NY - General: 1.0 Credits
      PA - Distance Learning: 1.0 Credits
      TN - General: 1.08 Credits
      WA - General: 1.0 Credits
      WI - On-Demand: 1.0 Credits
      WV - General: 1.3 Credits

      Course Presenter(s)

      Thomas A. Lenz
      Experience

      Thomas Lenz is a senior partner handling all aspects of labor and employment law issues from the firm's Cerritos and Pasadena offices. He heads the firm's traditional labor and National Labor Relations Board practice. He works with employers in all major industries across California and the West. He currently services on the Executive Committee of the Labor and Employment Section for the State Bar of California. Tom began his law practice with the National Labor Relations Board, Region 21, in Los Angeles, where he investigated and tried unfair labor practice cases, ran workplace elections, and acted as an administrative hearing officer. Tom was assigned difficult cases, including numerous charges involving SEIU's Justice for Janitors campaign activity throughout Los Angeles, and the majority of his cases required work in the Spanish language. He received a formal commendation for his performance from the Agency's General Counsel.

      Education

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

      Memberships

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

      Awards and Recognitions

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

      Course Price:
    $19.99
     
     

    Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence

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    Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence Details


    Price:
    $19.99

    Course Description

    The California State Bar has recently added important new components to the required course previously known as "Prevention, Detection and Treatment of Substance Abuse and Emotional Distress." The new definition of this course, "Prevention, Detection and Treatment of Mental or Physical Issues that Impair a Member's Ability to Perform Legal Services with Competence," reflects the need to consider the bigger picture of the pressures which lawyers face on a daily basis in their practices, as well as the physical and mental issues which may impair competence, such as depression, age and natural cognitive decline.

    In this HD Video program attorney Steven A. Nielsen focuses on the mental changes that occur over a career. The normal aging process results in cognitive decline, and Mr. Nielsen suggests that a colleague or two keep tabs on each other, including those at large law firms. He discusses the presence of dementia and what to do should it arise, and provides links to resources on how to sell or close a practice should this occur. Other simple tips include the use of a lawyer's skills as a problem solver to help neural plasticity and memory, such as playing bridge, crossword puzzles and hobbies, physical activity in the office as well as outside and an improved diet. He also takes aim at the rise of constant electronic messages or other electronic interruptions and the damage this can have, and suggests how "Interruption Management" can help effectiveness and productivity. Mr. Nielsen's remedies and tips offered are not extreme, but are important as they can be easily implemented. This program will help attorneys improve the efficiency and enjoyment of their practices and increase awareness of cognitive issues and possible diminution of competence.

    Course Agenda

    What are we going to learn?

    • Genesis of MCLE Requirement
    • Substance Abuse? Been there, done that..
    • Depression ? A Kingpin of Disaster
    • The New ?Other? Categories of Impairment
    • Mental Issues
    • Physical Issues
    • What can we do? Prevention/Detection/Treatment

    Why Are We Here Today?

    • To Keep our License to Practice Law
    • To Consider Ways to Live Life to the Fullest and to Consider Ourselves as a Whole
    • Avoid ?Junk Science? and figure out the state of the art
    • Consider the bigger picture as now encouraged in Rules of the State Bar of California Title 2. Division 2.

    Division 2. Rights and Responsibilities of Members

    Substance Abuse

    • What can we add?
    • How does it start?
    • Detection
    • Treatment?

    Mental Impairment ? Mental illness

    Depression ? Kingpin of Impairment?

    Depression ? Effect on the New Other Issues

    Prevention/Detection/Treatment

    Mental Issues

    Age ? The Great Thief

    Dementia Happens

    When Dementia Happens

    Avoid ?natural? cognitive decline

    Avoid Negative Mental Conditioning

    Twitch and Click will change your brain

    Constant interruptions are a mental impairment

    Stop Interruptions to decrease mistakes

    Old World / Kaiser Focus

    Are you as focused as a Kaiser worker?

    Our mind does not want to go back to work after an interruption

    What was focus in the Old World

    Consider Interruption Management

    Prevention/Detection/Treatment

    Physical issues that impair

    Sitting is the new smoking

    Improved eating and activity does not need to be extreme

    Course Credit per State


    AK - : 1.0 Credits
    AZ - : 1.0 Credits
    CA - Competence Issues: 1.0 Credits
    CO - : 1.2 Credits
    FL - Mental Illness: 1.0 Credits
    IL - Mental Health - Substance Abuse : 1.0 Credits
    MO - Self Study: 1.22 Credits
    MT - : 1.0 Credits
    NC - Substance Abuse / Mental Health: 1.0 Credits
    ND - : 1.0 Credits
    NY - General: 1.0 Credits
    PA - : 1.0 Credits
    VT - Self Study: 1.0 Credits
    WA - : 1.0 Credits
    WV - Ethics: 1.22 Credits

    Course Presenter(s)

    Steven A Nielsen
    Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science. He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
      Course Price:
    $19.99
     
     

    Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know About Privacy Law

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    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


    AL - On-Demand: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.2 Credits
    CT - General: 1.0 Credits
    FL - General: 1.0 Credits
    GA - Self Study: 1.0 Credits
    IL - General: 1.0 Credits
    MO - Self Study: 1.2 Credits
    NH - General: 1.0 Credits
    NJ - Ethics: 1.2 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.0 Credits
    WI - On-Demand: 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.

      Course Price:
    $19.99
     
     

    Protecting Minors: Human Trafficking, Child Exploitation & the Law

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


    Price:
    $19.99

    Course Description

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

    Course Agenda

    Overview

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

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AL - On-Demand: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.2 Credits
    CT - General: 1.0 Credits
    FL - General: 1.0 Credits
    GA - Self Study: 1.0 Credits
    IL - General: 1.0 Credits
    IN - Distance Education: 1.0 Credits
    KY - General: 1.0 Credits
    NC - General: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NH - General: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.0 Credits
    WA - General: 1.0 Credits
    WI - On-Demand: 1.0 Credits
    WV - General: 1.2 Credits

    Course Presenter(s)

    Deborah Gonzalez

    Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.

    Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.

    Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.

    Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.

      Course Price:
    $19.99
     
     

    Reduce Bias with Better Decision Making

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    Reduce Bias with Better Decision Making Details


    Price:
    $19.99

    Course Description

    In this course, attorney David Graulich will discuss ways to reduce bias with better decision making. David will begin by explaining what bias is, and how bias in the legal profession affects society. He will discuss Title VII of the Civil Rights Act of 1964, which is the primary anti-bias weapon in the federal arena. Mr. Graulich will then talk about ways to "debias", as well as rules that have been put into place in order to eliminate bias in the legal profession. He will then explain what modern research tells us about bias. In this section, David will discuss logic v. emotion and he will cover two systems that we all utilize when we strive to make a decision, the "Automatic System" and the "Reflective System". David will finish by explaining how to apply what was learned during the course to the practice of law.

    Course Agenda

    I. BACKGROUND: BIAS IN OUR PROFESSION
    • What is Bias?
    • Explicit v. Implicit Bias
    • Title VII (1964)
    • 28 U.S.C.A § 144 - Bias or Prejudice of Judge
    • "Ways to Debias"
    • Age Grading
    • From Whence Come the Justices?
    II. WHAT MODERN RESEARCH TELLS US ABOUT BIAS
    • Our First "Blink"
    • Bias = Here, There and Everywhere
    • Benevolent Bias
    • Logic v. Emotion
    • System One v. System Two
    • Instinctive Thinking
    • "Black Swan" Fallacy
    • Judges ALL Believe in Their Objectivity
    III. APPLYING WHAT WE'VE LEARNED TO THE PRACTICE OF LAW
    • Logical Fallacy: Small Sample
    • Another Look at Sampling
    • How to Do Better
    • Be a Discerning Wary Consumer of Media
    • Overcoming Bias when Making Decisions About Clients
    • Occupational Stereotypes
    • Bias During Voir Dire
    • "I Wanted a Biased Jury"
    • Don't Use Racial Stereotypes

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - Elimination of Bias: 1.0 Credits
    CO - General: 1.2 Credits
    FL - General: 1.0 Credits
    MO - Self Study: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WV - Office Management: 1.2 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
     
     

    The Assault on Independent Contractors

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    The Assault on Independent Contractors Details


    Price:
    $19.99

    Course Description

    This programs examines what happens when a business misclassifies workers as consultants or independent contractors (anything other than employees), when under federal or state law they should have been treated as employees of the business. The instructors examine the risks of misclassification and provide an in depth review of the criteria utilized by various government agencies to determine classification. They also review enforcement issues and discuss current cases which address this highly charged employment law area. In addition, they provide an example of an Independent Contractor Agreement and address the main points which should be included.

    Course Agenda

    • "Misclassification" - What Is It?
    • Benefits of Using Independent Contractors
    • Risks
    • IRS Criteria
    • Rulings/Risks/Pitfalls
    • Determinations/Rulings
    • How Do I Know If a Worker is Properly Classified?
    • Independent Contractor vs. Employee Factors
    • Independent Contractor Agreement

    Course Credit per State


    AL - On-Demand: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.2 Credits
    CT - General: 1.0 Credits
    FL - General: 1.0 Credits
    GA - Self Study: 1.0 Credits
    IN - Distance Education: 1.0 Credits
    MO - Self Study: 1.2 Credits
    NH - General: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.0 Credits
    WA - General: 1.0 Credits
    WI - On-Demand: 1.0 Credits
    WV - General: 1.2 Credits

    Course Presenter(s)

    Cindy Strom Arellano
    Experience

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

    Education

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

    Thomas A. Lenz
    Experience

    Thomas Lenz is a senior partner handling all aspects of labor and employment law issues from the firm's Cerritos and Pasadena offices. He heads the firm's traditional labor and National Labor Relations Board practice. He works with employers in all major industries across California and the West. He currently services on the Executive Committee of the Labor and Employment Section for the State Bar of California. Tom began his law practice with the National Labor Relations Board, Region 21, in Los Angeles, where he investigated and tried unfair labor practice cases, ran workplace elections, and acted as an administrative hearing officer. Tom was assigned difficult cases, including numerous charges involving SEIU's Justice for Janitors campaign activity throughout Los Angeles, and the majority of his cases required work in the Spanish language. He received a formal commendation for his performance from the Agency's General Counsel.

    Education

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

    Memberships

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

    Awards and Recognitions

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

      Course Price:
    $19.99
     
     

    The Cyber Threat Landscape: A Clear and Present Danger to Law Firms

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    The Cyber Threat Landscape: A Clear and Present Danger to Law Firms Details


    Price:
    $19.99

    Course Description

    Modern warfare is no longer fought on traditional battlefield terrain. It takes place from behind the lines, from secure buildings and with sophisticated and dangerous weapons of technology. Although U.S. Governmental agencies and large corporations have been the most frequent targets, more and more, law firms have experienced malicious attacks from afar which continue to expose client and other vital law firm information. This program addresses the cyber-warfare landscape, recent cases, common risks and best solutions.

    Course Agenda

    • Case studies
    • Hacking in General
    • Cyber-Warfare
    • State-sponsored and Independent Groups
    • Theft of Intellectual Property
    • Preventive Measures for Attorneys, Law Firms, Companies and Clients

    Ethical Duty to Zealously Guard Client Secrets: Is your clients? information safe and secure from hackers?

    Security Challenges: Advanced Persistent Threat: Review of Data Loss by Particular Industries, Causes and by Country.

    The Problem: The Age of the Anti-Virus is gone and presents a false sense of security. Malware, use of valid credentials by intruders, 1 in 5 emails is illegitimate, time from earliest detection of compromise to detection is usually one year, malicious web links grew by 600%, 32% of malicious web links in social media used shortened web links.

    Major Threat Types and Security Challenges: Criminal, Hackers (Hacktivists), Economic Espionage and Nuisance (Botnets/Spam). Advanced Persistent Threats: A sophisticated attack that establishes and extends footholds within a targeted organization for the purpose of extracting information and; pursues its objectives repeatedly, adapts to defenders efforts to resist it and is determined to execute its objective.

    How to Detect Threats: The Risk of Personalization and Mobile Security.

    Cloud Security, Ransomware (?Trojan?), Smart Phone and Apps: Risky Browser analysis and comparisons, helpful tools for protection against cyber-attacks.

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.2 Credits
    FL - Technology: 1.0 Credits
    IL - General: 1.0 Credits
    MO - Self Study: 1.2 Credits
    MT - Self Study: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NH - General: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WA - General: 1.0 Credits
    WV - General: 1.2 Credits

    Course Presenter(s)

    Albert Barsocchini
    Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
      Course Price:
    $19.99
     
     

    The Ethics of Aging Clients

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    The Ethics of Aging Clients Details


    Price:
    $19.99

    Course Description

    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


    AL - Ethics: 1.0 Credits
    AZ - Ethics: 1.0 Credits
    CA - Ethics: 1.0 Credits
    CT - Ethics: 1.0 Credits
    GA - Ethics: 1.0 Credits
    IL - Professional Responsibility: 1.0 Credits
    KY - Ethics: 1.0 Credits
    NJ - Ethics: 1.2 Credits
    NY - Ethics: 1.0 Credits
    PA - Ethics: 1.0 Credits
    TX - Ethics: 1.0 Credits
    UT - 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.

      Course Price:
    $19.99
     
     

    The Ethics of E Discovery

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    The Ethics of E Discovery Details


    Price:
    $19.99

    Course Description

    Model Rules of Professional Conduct 1.1 provides that "(a) lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." Experienced Discovery Counsel Albert Barsocchini discusses the evolution of Ethical Rules to now embrace developments in the world of E-Discovery. For example, Best Practices, as discussed, include the duties to know e-discovery or find someone who does, to guard against destruction of potentially relevant data, to disclose relevant non-privileged information without producing privileged material, to manage the process as well as the client, to cooperate with adversaries to address e-discovery issues and to communicate and document. He discusses the Federal Rules of Civil Procedure, Model Rules of Professional Conduct and California Bar Rules which implicate Ethical Obligations and offers numerous recommendations on how to meet ethical obligations in the e-discovery process, the duty to supervise vendors, how to avoid conflicts, confidentiality challenges and discovery goals. This program is a fast-paced and comprehensive overview of e-discovery ethical rules and obligations, coupled with concrete, sage advice from one of the nation?s foremost experts in this subject.

    Course Agenda

    • E-Discovery and Attorney Misconduct
    • E-Discovery Best Practices
    • FRCP and Model Rules of Professional Conduct (RCP) as basis for ethical conduct in litigation in federal courts.
    • Evidence Suppression
    • RPC - Candor
    • RPC - Mining for Metadata
    • RPC - Inadvertent Disclosure
    • California State Bar Ethics Opinion 11-0004: The Opinion addresses the impact of E-Discovery on a lawyer?s duty of competence. Multiple recommendations,
    • Duty to Supervise E-Discovery Vendors and to understand the offshore legal process.
    • Avoiding Conflicts
    • Confidentiality Challenges
    • Discovery Goal

    Course Credit per State


    AK - Ethics: 1.0 Credits
    AZ - Ethics: 1.0 Credits
    CA - Ethics: 1.0 Credits
    CO - Ethics: 1.2 Credits
    FL - Ethics: 1.0 Credits
    MT - Ethics: 1.0 Credits
    ND - Ethics: 1.0 Credits
    NH - Ethics: 1.0 Credits
    NY - Ethics: 1.0 Credits
    PA - Ethics: 1.0 Credits
    TN - Dual: 1.0 Credits
    VT - Ethics: 1.0 Credits
    WA - Ethics: 1.0 Credits
    WV - Ethics: 1.2 Credits

    Course Presenter(s)

    Albert Barsocchini
    Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
      Course Price:
    $19.99
     
     

    The Five Fundamentals of Federal Employment Law

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    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


      AL - On-Demand: 1.3 Credits
      AZ - General: 1.25 Credits
      CA - General: 1.25 Credits
      CT - General: 1.25 Credits
      IL - General: 1.5 Credits
      KY - General: 1.25 Credits
      ME - Self Study: 1.28 Credits
      NC - General: 1.25 Credits
      NH - General: 1.28 Credits
      NJ - General: 1.5 Credits
      NY - General: 1.5 Credits
      PA - Distance Learning: 1.5 Credits
      SC - General: 1.28 Credits
      TN - General: 1.28 Credits
      TX - General: 1.25 Credits
      UT - Self Study: 1.5 Credits
      VA - General: 1.5 Credits
      WA - General: 1.25 Credits
      WI - On-Demand: 1.5 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.

      Course Price:
    $24.99
     
     

    The Reduction of Bias in the Legal Profession

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    The Reduction of Bias in the Legal Profession Details


    Price:
    $19.99

    Course Description

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

    Course Agenda

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

    Course Credit per State


    AK - Ethics: 1.0 Credits
    AZ - Ethics: 1.0 Credits
    CA - Elimination of Bias: 1.0 Credits
    CO - Ethics: 1.2 Credits
    FL - Ethics: 1.0 Credits
    MT - Ethics: 1.0 Credits
    ND - Ethics: 1.0 Credits
    NY - Ethics: 1.0 Credits
    PA - Ethics: 1.0 Credits
    TN - Dual: 1.03 Credits
    TX - Ethics: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WA - Ethics: 1.0 Credits
    WV - Ethics: 1.0 Credits

    Course Presenter(s)

    Steven A Nielsen
    Based in Larkspur, California, Steven A. Nielsen is a U.S. registered patent attorney with many years of experience in patent procurement and in achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the past chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his J.D. in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science. He may be contacted at steve@nielsenpatents.com, on his website, nielsenpatents.com or via his LinkedIn page.
      Course Price:
    $19.99
     
     

    The Role of Compliance

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    The Role of Compliance Details


    Price:
    $39.99

    Course Description

    In this program seasoned attorney and Chief Compliance Officer Charles A Christofilis provides attorneys with an overview of the laws and rules which govern the area of compliance, the many legal areas in which the compliance officer must operate, the "four pillars" of compliance, and numerous case examples in which inadequate compliance has resulted in major adverse consequences for companies.

    He addresses how to develop. Implement and test a Compliance Program in virtually and industry, and does a deep dive into the financial services and public company space. Specifically, the roles of the SEC and other agencies, the Investment Advisers Act, the Anti-Money Laundering provisions under the Patriot Act (with numerous examples), the FCPA and the necessity of internal audits and mock examinations.

    Finally, he concludes with how to manage regulatory examinations and investigations as opposed to more traditional civil or criminal litigation, and respond to compliance failures from a crises management perspective when they occur.

    Course Agenda

    • Why Compliance is increasingly important
    • How to develop, implement and test a Compliance Program;
    • Financial, Healthcare, IT and Public company (SOX) Implications)
    • Four Pillars of Compliance:
      • Controls;
      • Testing;
      • Ownership; and
      • Training.
    • Annual Review Process;
    • Liability / Conflicts;
    • Civil, Criminal and Reputational Implication / Crises Management.

    Course Credit per State


    AK - Voluntary: 2.0 Credits
    AL - On-Demand: 2.0 Credits
    AZ - General: 2.0 Credits
    CA - General: 2.0 Credits
    CO - General: 2.34 Credits
    CT - General: 2.0 Credits
    FL - General: 2.5 Credits
    GA - Self Study: 2.0 Credits
    IL - General: 1.75 Credits
    IN - Distance Education: 2.0 Credits
    KY - General: 1.75 Credits
    MO - Self Study: 2.34 Credits
    MS - General: 2.0 Credits
    NC - General: 1.75 Credits
    NH - General: 2.0 Credits
    NJ - General: 2.3 Credits
    NY - General: 2.0 Credits
    PA - Distance Learning: 2.0 Credits
    TN - General: 1.95 Credits
    UT - Self Study: 2.0 Credits
    WA - General: 2.0 Credits
    WI - On-Demand: 2.0 Credits
    WV - General: 2.34 Credits

    Course Presenter(s)

    Charles A. Christofilis, Esq.

    Charles A. Christofilis, Esq. has served as Chief Compliance Officer (?CCO?), Senior Counsel and/or General Counsel for Investment Advisers and Broker-Dealers for over a decade. Mr. Christofilis received a J.D. from Touro Law, an MBA in finance from the University of San Francisco a Bachelor?s degree in management from Pace University in New York and is a Certified Anti-Money Laundering Specialist. Mr. Christofilis is an attorney admitted to the bars of New York, New Jersey and California (CA In-House Counsel) and has Series 7, 63, 24, 79 and 27 designations from FINRA.

      Course Price:
    $39.99
     


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