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.
Whether you're a business owner concerned with making the right distinctions when engaging people to work with/for you, or a lawyer responsible for advising clients on the contractor v. employee distinction, this presentation could save you a lot of grief and money down the line.
Marin County-based employment lawyer Diana Maier and Carlos E. Torres, a Hearing Officer for the California Division of Labor Standards Enforcement (DLSE), discuss which factors matter most in deciding how to classify workers in light of recent legal decisions that are shifting those factors. In addition to covering a broad overview of the contractor v. employee debate, they also discuss ethical considerations for lawyers considering the question of contractor classification, and assess whether the sharing economy is due for extinction in light of recent rulings against companies such as Uber.
Course Agenda
Frequent Terms and Their Meanings
Principal versus Employer
Worker/Contractor/Consultant versus Employee
Central Questions
What are some ethical considerations to keep in mind as we review the material?
Why are we here?
Factors in classification
Advantages and disadvantages of each classification
Given that this is a subjective standard, what ethical considerations exist for attorneys who need to advise others about this? Complicated by the fact that 1099 is less expensive.
Do you pick the argument most conducive to the business and just go with that?
How do the political/social factors come into play?
Are there law and policy objectives lawyers have a duty to protect?
If there are, has current law accomplished those, or have we gone too far?
Cases: Practicing the Material
Case #1: Client Engaging New Service Providers
Case #2: Corporate Employer
Case #3: Domestic Employer
Wrap Up
Standard is subjective ? makes it a tricky ethical issue for lawyers
Government prefers employee status
Back up a decision to make someone a contractor by making a file, contract, etc. and know there?s a risk
Government most often finds out via an obstructed claim, but there are many ways
Recent indications show government is only going to get more strict in enforcement
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits MO - Self Study: 1.2 Credits MS - 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 WA - General: 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
ABA Professional Responsibility Client-Lawyer Guidelines
ABA Professional Responsibility Client-Lawyer Guidelines Details
Price:
$29.99
Course Description
The Rules of Professional Conduct created by the American Bar Association are "the gold standard" when making decisions about legal ethics and best practice. These rules have been adapted by most state bars for the benefit of their members. In addition, the Rules are a standard authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this MLCEZ course, David Graulich, Esq. provides a closer look at the ABA Rules that pertain to the attorney-client relationship. What is the division of authority between the client and the attorney? How does an ethical attorney avoid the appearance "or reality -- of conflict of interest" Can an attorney ethically agree to represent a client in an unfamiliar area of law? Can an attorney loan money to a client? Graulich illustrates the rules with real-life examples as well as working through hypothetical ethical questions that typically arise in private practice.
Course Agenda
Introduction
Competence
Client-lawyer relationship
Diligence
Communication
Fees
Confidentiality of information
Conflict of interest
Duties to former clients
Imputations of conflicts of interest: general rule
Special conflicts of interest for former and current governmental officers and employees
Former judge, arbitrator, mediator or other third-party neutral
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
Course Price:
$29.99
Credit Damages and their Application in Cases: An Overview
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.
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
Ethical Issues in Terminating the Attorney-Client Relationship
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 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.
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 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.
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 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 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
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 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 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
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 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 PA - Distance Learning: 1.0 Credits TN - General: 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.
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 NH - General: 1.28 Credits NJ - General: 1.5 Credits NY - General: 1.5 Credits PA - Distance Learning: 1.5 Credits TN - General: 1.28 Credits WA - General: 1.25 Credits WV - General: 1.54 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
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 IL - General: 1.75 Credits MO - Self Study: 2.34 Credits MS - General: 2.0 Credits NH - General: 2.0 Credits NY - General: 2.0 Credits TN - General: 1.95 Credits WA - General: 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.
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