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Tennessee CLE and MCLE Courses

MCLEZ online continuing legal education courses are for Tennessee attorneys who want to make the most of their time and money. For as little as $19.99 per course, easily earn Tennessee Online CLE credit through courses which have been produced in a variety of legal subjects that matter to you.

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 Tennessee Bundles page under State CLE Bundles.

MCLEZ provides online continuing legal education programs which have been pre-approved by the Tennessee Commission on Continuing Legal Education and Specialization.

Tennessee Commission on CLE phone # 615-741-3096

Tennessee 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
 
 

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
NY - Ethics: 1.0 Credits
PA - Ethics: 1.0 Credits
TN - Dual: 1.08 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
 
 

Credit Damages and their Application in Cases: An Overview

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Credit Damages and their Application in Cases: An Overview Details


Price:
$19.99

Course Description

Credit damage and loss of credit reputation can occur when misconduct by a third party results in negative information appearing on a credit report that leads to an individual or business to lose access to credit that was available prior to the damage. The ability to identify and assess a client?s credit damages can increase the value of a damage demand significantly in litigation matters. This damage can result in increased out-of-pocket costs, loss of credit capacity and loss of credit expectancy (the inability to obtain any new credit or new credit at the same interest rate category as pre-injury).

As credit reputation damages become more common, courts are rejecting the defense?s "subjective" argument and allowing credit reputation damage as a general or special injury. Attorneys should learn how to identify such damages and undertake a credit damage investigation whenever a significant monetary loss appears to have occurred. This program examines credit report issues and credit reputation damage compensation and helps attorneys identify these potential damages in a wide variety of cases.

Course Agenda

  • Why are ?Client Credit Damages? important? The ability to identify and assess a client?s credit damages can increase the value of a damage demand significantly in litigation matters.
  • Statutes: In California, the applicable statute is California Code of Civil Procedure Section 3333. Other states may have similar statutes.
  • When do Credit Damage and Loss of Credit Reputation Occur? Definition: Credit damage and loss of credit reputation can occur when misconduct by a third party results in negative information appearing on a credit report that leads to an individual or business to lose access to credit that was available prior to the damage.
  • Typical LossesInvolved: This damage can result in increased out-of-pocket costs, loss of credit capacity and loss of credit expectancy (the inability to obtain any new credit or new credit at the same interest rate category as pre-injury).
    • Examples of Credit Damage and Loss of Credit Reputation.
    • Typical cases where Credit Damage May Apply:
    • Personal injury
    • Improper real estate transactions
    • Identity theft
    • Breach of contract
    • Fraud
    • Malpractice (i.e., legal, medical)
    • Mortgage delinquency/modification programs
    • Health insurance coverage rescission
    • Contested divorce
    • Partnership disputes
  • Complaints from Clients: Examples and How to Increase Awareness of Attorneys to Credit Damage
  • Example: Property Owner?s Insurance Claim Ignored by Insurer
  • Example: Contested Divorce
  • Credit Reputation Damage As a Special Injury: Case Law
  • Need to Include Credit Reputation Damage in Damage Demands
  • Typical Indicators
  • Assessing Credit Damage Demand
  • Questions to ask clients. Consumer Credit Reports.
  • What Can Be Used in Court?
  • What Subscriber Credit Reports Reveal
  • Measuring Credit Reputation Damages
  • Conclusion: As credit reputation damages become more common, courts are rejecting the defense?s "subjective" argument and allowing credit reputation damage as a general or special injury. Attorneys should undertake a credit damage investigation whenever a significant monetary loss appears to have occurred.
  • Review: Questions and Answers

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
NC - General: 1.0 Credits
NH - General: 1.0 Credits
NJ - General: 1.2 Credits
NY - General: 1.0 Credits
TN - General: 1.0 Credits
TX - 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)

Georg Finder

Georg Finder, an Orange County, CA Independent Credit Evaluator (ICE), is an expert on credit reporting violations and credit damage measurement. He has more than 20 years of experience evaluating credit reports and has appeared as an expert witness for both plaintiff and defense. He is an expert on credit report issues and credit reputation damage compensation and teaches a certified Credit Damages Assessor (CDA) program through the Financial Education Academy.

James Ellis Arden

James Ellis Arden is an attorney in California who on litigation and appeals involving civil procedure and attorney malpractice issues. He is rated AV-preeminent by Martindale-Hubbell. Arden writes andlectures on legal practice, technology, and ethics. He authors the ?TechnoEthics? column in GPSOLO magazine, published by the ABA General Practice, Solo and Small Firm Division. Arden is a member of the Association of Professional Responsibility Lawyers (APRL), the Professional Responsibility and Ethics Committee (PREC) of the Los Angeles County Bar Association, and the California State Bar Committee on Professional Liability Insurance (COPLI). In the olden days, he studied psychology and computer programming.

  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
    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
    UT - Self Study: 1.0 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
 
 

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
MO - 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
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 in Terminating the Attorney-Client Relationship

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Ethical Issues in Terminating the Attorney-Client Relationship Details


Price:
$19.99

Course Description

In this presentation, George Chiu, Esq. will address one of the most important issues facing attorneys, which is when, how, and if you are able to terminate the attorney client relationship. This course will be focused largely on Rule 3-700 of the California Rules of Professional Conduct. He will provide practical tips and pointers, specifically focused on trying to meet the requirements of the California Rules of Professional Conduct, trying to avoid malpractice claims, and avoiding discipline from the State Bar.

Course Agenda

  • The Attorney-Client Relationship
  • Five Steps to Terminating The Attorney-Client Relationship
  • Deciding to end attorney client relationship
  • Creating the File
  • Telling the client about termination
  • Cautions
  • Things to keep in mind
  • Form Language
  • Final Thoughts

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: 1.14 Credits
CT - Ethics: 1.0 Credits
FL - Ethics: 1.0 Credits
IL - Professional Responsibility: 0.75 Credits
NH - Ethics: 0.95 Credits
NJ - Ethics: 1.1 Credits
NY - Ethics: 1.0 Credits
TN - Dual: 0.95 Credits
WA - Ethics: 1.0 Credits
WV - Ethics: 1.14 Credits

Course Presenter(s)

George Chiu, Esq.
George Chiu, Esq. has extensive experience in transactional matters, including mergers and acquisitions, securities, and banking.    In addition to practicing law in the United States, Mr. Chiu has served as Director of Legal affairs for the Ascension Capital Group in Beijing and General Counsel to T2CN Information Technology of Shanghai, China.   Mr. Chiu is fluent in English and Chinese and speaks French and Korean. He earned his Juris Doctor from UCLA in 2003 and is admitted to the Bar in Massachusetts, California, Texas, and Oklahoma.
  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
    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
 
 

Got a Handle on Employee Leaves of Absence

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Got a Handle on Employee Leaves of Absence Details


Price:
$19.99

Course Description

Jason A. Geller, Managing Partner of Fisher & Phillips' San Francisco office, addresses recent requirements for employer compliance with updated regulations under the California Family Rights Act (CFRA) and significant distinctions between CFRA and the Federal Family and Medical Leave Act (FMLA). Because these laws are quite similar in many respects, the description of an employer and employee's duties under CFRA will parallel those under the FMLA. Jason also addresses practical challenges faced by the parties in complying with these laws and suggested policies and practices to ensure compliance.

Course Agenda

  • Introduction
  • Review of rise of leave rights generally
  • The basic requirements under CFRA/FMLA
  • Distinctions between FMLA and CFRA
  • Important changes to CFRA regulations
  • Suggested changes to leave policies and practices

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CO - General: 1.32 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 - General: 1.2 Credits
NY - General: 1.0 Credits
TN - General: 1.0 Credits
TX - General: 1.0 Credits
WA - General: 1.0 Credits
WI - On-Demand: 1.0 Credits
WV - General: 1.2 Credits

Course Presenter(s)

Jason A. Geller

Jason A. Geller is the Managing Partner of Fisher & Phillips? San Francisco office. Fisher & Phillips is one of the largest U.S. law firms representing management exclusively in the areas of labor, employment, civil rights, employee benefits, and immigration law. The firm has 31 offices with 300 attorneys.

Jason represents employers in all facets of employment law matters. He has considerable experience defending employers in litigation involving claims under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), the Age Discrimination in Employment Act (ADEA), the California Fair Employment and Housing Act (FEHA) and California wage and hour laws. Jason has also defended employers against whistleblowing and retaliation claims, including claims under the California Whistleblower Act, the False Claims Act and various provisions of The California Labor Code.

Jason has extensive experience defending employers in Federal and State courts, as well as in investigations by the Equal Employment Opportunity Commission (EEOC), the DFEH, United States Department of Labor (DOL) and the National Labor Relations Board (NLRB).

In addition to defending his clients in litigation, Jason frequently counsels employers to assist them in avoiding litigation. He regularly advises clients on leave management issues and the interactive process for employees with disabilities, reinstatement obligations under various leave laws and wage and hour compliance. Jason has prepared employee handbooks and a variety of agreements, including independent contractor, employment, confidentiality and trade secrets agreements.

His clients are involved in a variety of industries, including assisted living, independent living facilities, construction, manufacturing, engineering, architecture, professional services, agriculture, technology, retail and restaurant industries.

Jason was included in Northern California Super Lawyers in 2015.

Professional Activities
  • Board Member, Northern California Human Resources Association - East Bay Chapter
  • Member, Marin Human Resources Forum (1995-2000)
  • Member, Labor and Employment Section of the San Francisco Bar Association
  • Board Member & Legislative Co-chair, Employers' Advisory Council of the California Employment Development Department
  • Member, Labor and Employment Section of the State Bar of California
  • Member, Advisory Committee on Employment Law Jury Instructions of the Labor and Employment Section of the State Bar of California
  Course Price:
$19.99
 
 

Hot Topics in Social Media Law

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Hot Topics in Social Media Law Details


Price:
$34.99

Course Description

As the world changes, so does the law, daily in fact. Every single day there are new trends, technologies, and laws that impact how we do business. The world of social media has created a wealth of opportunities for those who counsel large and small business and entrepreneurs who play in the social media sandbox. What keeps them up at night? In this program, we will explore some of the hot topics in the world of social media.

Course Agenda

  • New Copyright and Trademark Cases
  • Terms of Use (Privacy)
  • Cases involving Facebook, Terms of Use, Twitter and Instagram
  • YouTube and the DMCA

What Is Social Media

ABA?s 20/20 Commission

FTC.Gov Online Advertising Disclosure

New Developments, Issues and Cases: Can a lawyer use clients? name in a blog? The ?Thumbs Up? symbol: (TiVo vs. Facebook): Kirstaeng v. John Wiley Publishers, U.S. S. Ct. case on the First-Sale Doctrine. Twitter cases: Kim Kardashian, Courtney Love, (sued for their tweets).

TERMS OF USE: What You Need to Know: Comparison of TOU in various websites (Facebook, LinkedIn, Pinterest), Best Practice to dispute TOU, Modification, Ownership of Data, Review of YOU cases, Arbitration clauses.

Ethics, Social Media and Lawyers: Potential Ethical Land Mines for Lawyers: Fee-Sharing with non-lawyers, e.g., Groupon, Rule 5.4, Professional Independence, Unauthorized Practice of Law (Review of various states and comparison with ABA Rules).Inadvertent Disclosure of Client Confidences, Inadvertent Formation of Client Relationship, ABA Formal Opinion 10-457, AVVO, Dislcaimers, Conflicts of Interest.

Lawyer Websites: Attorney Advertisement: Three Areas for Concern: Solicitation, False and Misleading Content and Testimonials. California RPC 1-400c, Ohio, Oregon, Missouri, Colorado restrictions on testimonials.

Q&A: Communication with Represented Party, AVVO and reputation management issues, Attorney supervision of employees.

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: 2.4 Credits
FL - General: 2.5 Credits
MO - Self Study: 2.42 Credits
MT - Self Study: 2.0 Credits
ND - Self Study: 2.0 Credits
NY - General: 2.0 Credits
TN - General: 2.02 Credits
VT - Self Study: 2.0 Credits
WA - General: 2.0 Credits
WV - General: 2.42 Credits

Course Presenter(s)

Francine Denise Ward

A 1989 graduate of Georgetown University Law Center, Francine Denise Ward earned her undergraduate degree in 1986 from the City University of New York---Hunter College. Admitted to practice in both California and New York, her IP focus is on copyrights, trademarks, internet, and publishing law. Ms. Ward has carved out a niche working with eCommerce entrepreneurs, information marketers, authors, and professional speakers.

Not surprisingly, Francine loves working with entrepreneurs and authors--because she is one! She understands from firsthand experience the importance of safeguarding what she's invested so much time and money creating, e.g, books, articles, web content, product, videos, her brand and the right to create these things. She?s written two self-help books (Esteemable Acts: 10 Actions for Building Real Self-Esteem and 52 Weeks of Esteemable Acts: A Guide to Right Living), has given a number of motivational business keynotes, and has talked extensively to entrepreneurs on the importance of protecting their valuable intellectual property. She has now expanded her reach to social media, including the Second Life.

Francine Ward is an active member of the American Bar Association's Intellectual Property Law Section, and currently chairs Committee 408 (In the Interest of Individuals and Small Businesses). Always willing to be of service and forever involved in her community, Francine volunteers her time helping women struggling with addiction who have lost their kids, she?s on the boards of the National Council on Alcoholism and Other Drugs in the Bay Area and the National Speakers Association, and is a pro-bono volunteer lawyer through the VLSP program with the San Francisco Bar Association. Francine D. Ward resides in Mill Valley, CA with her husband Richard Lipfield, and three cats, Mango, Spike, and Kiwi.

  Course Price:
$34.99
 
 

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
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
MO - 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
 
 

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
    NH - General: 1.08 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
 
 

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
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
 
 

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
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 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
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
    FL - General: 1.0 Credits
    IL - General: 1.25 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
    UT - Self Study: 1.0 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
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
MO - Self Study: 2.34 Credits
MS - General: 2.0 Credits
NC - General: 1.75 Credits
NH - General: 2.0 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
 
 

Workplace Investigations 101

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Workplace Investigations 101 Details


Price:
$19.99

Course Description

In any kind of business, there is a chance that employers will be required to investigate one or more employees at some point for allegations of misconduct such as discrimination or sexual harassment. A properly conducted workplace investigation is not only legally required but can also go a long way in protecting companies and mitigating risks for future problems.

In this webinar, Marin County, California attorneys Diana Maier and Beth Arnese go over the key things to know about workplace investigations so that you can garner the maximum legal protection such investigations may provide.

Topics addressed include when to investigate, how to prepare for an investigation, how to interview witnesses, how to prepare a written report, what to do after the investigation, and overall best practices for investigations.

Course Agenda

  • Why Do You Have to Investigate?
  • What Triggers the Duty To Investigate?
  • Benefits of An Investigation (Under California Law)
  • Benefits of An Investigation (Under Federal Law)
  • What Happens If You Don?t Investigate?
  • Attorneys as Investigators
  • Internal Personnel as Investigators
  • Ethical Issues to Understand
  • Privacy Issues
  • Before The Investigation: Preparation
  • Admonitions to The People You?re Interviewing
  • Interviews
  • How to Effectively Interview
  • How to Effectively Interview, Cont.
  • Where to Conduct the Interviews
  • Note-Taking During Interviews
  • Witness Statements
  • Steps to Take After Interviews Are Done
  • When Do You Want a Written Report?
  • Drafting The Report
  • Corrective Action Following the Investigation
  • Some Considerations (If Discrimination or Harassment Took Place)
  • Investigation Best Practices

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
NH - General: 1.0 Credits
NY - General: 1.0 Credits
TN - General: 1.0 Credits
TX - General: 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.

Beth Arnese

Beth Arnese received her J.D. from UCLA Law School in 2005. She practiced law for over 10 years, at both large firms and for the public sector, before joining the Law Offices of Diana Maier in 2016. She specializes in litigation as well as employment and privacy law. Beth also conducts workplace investigations.

  Course Price:
$19.99
 


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