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South Carolina CLE and MCLE Courses

Continuing Legal Education Online Courses with MCLEZ are for South Carolina attorneys who want to make the most of their time and money. Easily earn South Carolina Online 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 all of your allowable online CLE hours, see our South Carolina Bundles page under State CLE Bundles.

MCLEZ provides continuing legal education activities which have been individually pre-approved by the South Carolina Commission on Continuing Legal Education.

South Carolina Commission on CLE phone # 803-799-5578

South Carolina CLE Course Catalog

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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
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
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
 
 

Asset Protection-Planning

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Asset Protection-Planning Details


Price:
$19.99

Course Description

For the past several years asset protection has been one of the fastest growing areas of law. It is also one of the most controversial - the goal of asset protection is to shield assets from the reach of creditors. Asset protection should simply be about structuring the ownership of one's assets to safeguard them from potential future risks. Most asset protection structures are commonly used business and estate planning tools, such as limited liability companies, family limited partnerships, trusts and the like. Properly implemented asset protection planning should be legal and ethical. It should not be based on hiding assets or on secrecy. It is not a means or an excuse to avoid or evade U. S. taxes. There is no one 'magic bullet' in asset protection. The term 'asset protection' encompasses a number of planning and structuring mechanisms that may be implemented by a practitioner to minimize a client?s exposure to risk. For each client the asset protection solution will be different, depending on (i) the identity of the debtor; (ii) the nature of the claim; (iii) the identity of the creditor; and (iv) the nature of the assets. These are four threshold factors that are either expressly or implicitly analyzed in each asset protection case. The analysis of these four factors determines what planning would be possible and effective for a specific client.

Course Agenda

  • INTRODUCTION
  • COLLECTING ON JUDGMENTS
  • FRAUDULENT TRANSFERS
  • PLANNING IN THE CONTEXT OF MARRIAGE
  • USE OF TRUSTS IN ASSET PROTECTION
  • FOREIGN TRUSTS
  • ADVANCED PLANNING WITH FOREIGN TRUSTS
  • CHOICE OF ENTITY
  • BANKRUPTCY PLANNING
  • RETIREMENT PLANS

Course Credit per State


CA - General: 1.0 Credits
CT - General: 1.0 Credits
IL - General: 1.0 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
SC - General: 1.05 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
 
 

Drafting Software Development Agreements

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Drafting Software Development Agreements Details


Price:
$19.99

Course Description

This session provides an overview of the practice of drafting and negotiating software development agreements. Topics to be covered include: pros and cons of waterfall vs. agile approaches to software development; myths of SDAs; SDA clauses of interest; term definitions; warranties; intellectual property concerns; breach of contracts and possible remedies; negotiation styles; negotiation tips for SDA?s; and a list of resources for future reference, including SDA examples and checklists.

Course Agenda

  • Software Development
  • Waterfall vs. Agile Software Development
  • Agreement Components
  • The Software Development Agreement (SDA)
  • Myths of SDA?s
  • Contract Requirements
  • SDA Clauses of Interest
  • Points of Interest
    • Definitions
    • Pricing/Payment
    • Exclusivity Clauses
    • Disclosure/Confidentiality Requirements
    • Security Clauses
    • Indemnity Clauses
    • Assignments
    • Termination
    • State Law Jurisdiction
    • Warranties
    • Insurance
    • IP Issues
    • Make it present tense ?hereby assigns? not future tense
    • ?Work for hire? language is ineffective without a specific transfer of the copyrights
    • Sublicensing, Transferability
    • What about a merger? Can that breach non-assignment provisions?
    • In US: each joint copyright owner may commercialize a copyrighted work WITHOUT their joint owner?s consent, but must account for licensing royalties and may not destroy the value of the work.
    • Address this in your SDA.
    • IP Issues
    • Software Escrow
    • Breach of Contracts
    • Remedies
    • Negotiating Tips

    Course Credit per State


    AL - On-Demand: 1.3 Credits
    AZ - General: 1.25 Credits
    CA - General: 1.0 Credits
    CO - General: 1.2 Credits
    CT - General: 1.5 Credits
    FL - General: 1.5 Credits
    GA - Self Study: 1.3 Credits
    IL - General: 1.25 Credits
    IN - Distance Education: 1.3 Credits
    KS - General: 1.5 Credits
    KY - General: 1.25 Credits
    MO - Self Study: 1.5 Credits
    MS - General: 1.3 Credits
    NH - General: 1.31 Credits
    NJ - General: 1.2 Credits
    NY - General: 1.5 Credits
    SC - General: 1.31 Credits
    TN - General: 1.32 Credits
    TX - General: 1.25 Credits
    UT - Self Study: 1.5 Credits
    WA - General: 1.25 Credits
    WI - On-Demand: 1.5 Credits
    WV - General: 1.58 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
 
 

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


CA - General: 1.5 Credits
CO - General: 1.7 Credits
CT - General: 1.0 Credits
IL - General: 1.25 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
KS - Ethics: 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
TX - Ethics: 1.0 Credits
WA - Ethics: 1.0 Credits
WV - Ethics: 1.2 Credits

Course Presenter(s)

David B. Gardner

David B. Gardner has more than 30 years professional legal experience advising clients on U.S. Immigration, International Business and Taxation matters. Mr. Gardner was admitted as a Solicitor in England and Wales in 1974, and as a Solicitor in Hong Kong in 1984. He founded the Law Offices of David B. Gardner in 1985 as an international law practice and since 1996, following a law firm merger, has practiced exclusively in the areas of Immigration and Nationality Law.

Mr. Gardner represents clients in all types of immigration cases before Agencies of the Department of Homeland Security, the Executive Office for Immigration Review and in the Federal District Courts and Circuit Courts of Appeal. He was lead counsel in Vukmirovic v. Ashcroft, 362 F. 3d 1247(9th Cir. 2004.) and Vukimorivic v. Holder (9th Cir. Sept. 2010).

Mr. Gardner was co-founder of several non-for profit organizations including the Spirit of Youth foundation (an exchange program between under-privileged youth from Los Angeles and in the United Kingdom); the California Israel Chamber of Commerce and the Southern California Israel Chamber of Commerce. He was awarded the honor of Cavillieri by the Government of Italy for legal services on behalf of the Italian Consulate in Los Angeles. He is a past president of Bnai David Judea Congregation in Los Angeles and continues to be active in a variety of local and international community organizations.

  Course Price:
$19.99
 
 

Law Office Security

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Law Office Security Details


Price:
$19.99

Course Description

Another day, another data breach. Data breaches have proliferated with amazing speed. Don't be lulled into thinking that law firms (large and small) aren't being attacked by hackers or suffering actual data breaches. With lawyers and law firms, however, who are constantly entrusted with highly sensitive information about their clients as a course of business, the need for effective data security is of even more critical importance. This course helps lawyers and law firms of today ensure that their clients' confidential data and intellectual property are secure.

Course Agenda

  • Law Firm Data Security: Experts On How To Protect Legal Clients' Confidential Data
  • The "abysmal" state of law firm security
  • ABA - ETHICS
  • ISO 27001 - SECURITY STANDARDS
  • ISO 27001 & SSAE 16 certification published by the International Organization for Standardization (ISO) and the International Electro-technical Commission (IEC).
  • Reasonableness - LEGAL DUTY
  • Ethical issues of lawyers using the cloud
  • GDPR -EU General Data Protection Regulation 
  • ABA Preventing Law Firm Data Breaches
  • Top Practical Security Tips
  • FTC RECOMMENDATIONS
  • Data Minimization
  • Vendors
  • Document Destruction
  • Network Safeguards

Course Credit per State


CA - General: 1.0 Credits
IL - General: 1.0 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
SC - General: 1.0 Credits
TX - General: 1.0 Credits
VA - General: 1.0 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
 
 

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
KS - 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
 
 

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
 


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