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Continuing Legal Education Online Courses with MCLEZ are for Texas attorneys who want to make the most of their time and money. Easily earn Texas MCLE credit through courses which have been produced in a variety of legal subjects that matter to you.

If you are new to MCLEZ, try a course for free before you make your purchase with our Free CLE program. To easily fulfill your entire Texas MCLE requirement, see our Texas Bundles page under State CLE Bundles.

All MCLEZ courses offered to Texas attorneys have been approved by the State Bar of Texas. Our Sponsor ID # is 12883. For more information, please visit the State Bar of Texas Website, or call 512-427-1463.

Texas 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
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)

Diana Maier

Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.

Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.

Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.

In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.

Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.

Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.

You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.

  Course Price:
$29.99
 
 

A Primer on International Taxation

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A Primer on International Taxation Details


Price:
$19.99

Course Description

There is a multitude of issues that drive a cross-border business transaction. Sale of shares versus sale of assets; statutory mergers; joint ventures; security for enforcement of representations and warranties; governing law and venue; earn-outs and holdbacks; restrictions on foreign ownership; due diligence; local customs; privacy and many other. Most non-tax considerations are not country specific. They are driven by the economics of the deal and the negotiating position of the parties. When a transaction touches the U.S., tax has the center-stage.

From a U.S. standpoint, none of the other issues are as important as the tax consequences. Taxation of an M&A transaction will very often determine the deal structure. The parties can negotiate and agree to all the other terms, but tax will determine how the transaction is structured, what is possible and what is not.

For U.S. tax purposes, cross-border transactions are divided into two classes: inbound (foreigners doing business or investing in the U.S.), and outbound (Americans doing business and investing overseas). The tax rules that apply to inbound and outbound transactions are entirely different. We will examine both, and will then delve into the related subjects of pre-immigration tax planning (foreigners immigrating to the U.S.) and expatriation (Americans emigrating from the U.S.).

Course Agenda

Course Credit per State


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

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3;

His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ? A Concise Guide for Attorneys & Business Owners, published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.

He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

ABA professional responsibility Client-Lawyer Guidelines

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ABA professional responsibility Client-Lawyer Guidelines Details


Price:
$29.99

Course Description

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

Course Agenda

Course Credit per State


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

Course Presenter(s)

David Graulich, Esq.

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

  Course Price:
$29.99
 
 

Advanced Topics in Employment Law

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Advanced Topics in Employment Law Details


Price:
$29.99

Course Description

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

Course Agenda

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

Course Credit per State


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

Course Presenter(s)

David Graulich, Esq.

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

  Course Price:
$29.99
 
 

Asset Protection-Planning

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Asset Protection-Planning Details


Price:
$19.99

Course Description

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

Course Agenda

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

Course Credit per State


CA - General: 1.0 Credits
CT - General: 1.0 Credits
IL - General: 1.0 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
SC - General: 1.05 Credits
TX - General: 1.0 Credits
VA - General: 1.0 Credits
WI - On-Demand: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

Jacob Stein, Esq. is a partner at Aliant, LLP. He specializes in structuring international business transactions, complex U.S. and international tax planning and asset protection planning. Mr. Stein received his law degree from the University of Southern California, and a Master of Laws in Taxation from Georgetown University. He has been accredited by the State Bar of California as a Certified Tax Law Specialist. He is AV-rated (highest possible rating) by Martindale-Hubbell, has been named ?A Super Lawyer? by the Los Angeles Magazine and one of ?America?s Most Honored Professionals 2016?, by the American Registry

Over the course of his career Mr. Stein has represented thousands of clients, including: officers and directors of Fortune 500 companies; Forbes 400 families; celebrities; Internet entrepreneurs; high-profile real estate developers, builders and investors; physicians; wealthy foreigners doing business in the United States; small business owners; attorneys, accountants and financial advisors; and many other individuals facing financial adversity or seeking privacy for their holdings.

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3;

His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ? A Concise Guide for Attorneys & Business Owners, published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law.

He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

  Course Price:
$19.99
 
 

Competence Issues Relevant to an Attorneys Ability to Perform Legal Services

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Competence Issues Relevant to an Attorneys Ability to Perform Legal Services Details


Price:
$19.99

Course Description

In this program patent attorney Steven A. Nielsen discusses the evolution of awareness of the general subject matter of competence as it relates to substance abuse (including new legal medical cannabis), stress, age, dementia and other factors and their relationship to the practice of law. The maxim that "the law is a jealous mistress" can be true if attorneys fail to take a big picture view of the factors at work which can cause physical and mental harm and distract lawyers from enjoyment of their lives and the need to pay attention to their physical and mental health.

This program addresses both the need for awareness of substance abuse, depression, mental illness, age, cognitive decline and related issues, plus practical, easy to implement steps to facilitate an enjoyable and effective practice.

Course Agenda

Course Credit per State


CA - Competence Issues: 1.0 Credits
NY - : 1.0 Credits
TX - General: 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
 
 

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

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


Price:
$19.99

Course Description

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

Course Agenda

My Background

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

What is a Conflict of Interest?

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

Possible Consequences of Conflicts Representation

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

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

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

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

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

Decision to Refrain from Handling Representation

Challenges to Representation

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

Possible Consequences for Innocent Clients

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

Kinds of Conflicts

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

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

Conflicts involving Former Clients

  • The Former Client Conflict Rule Generally

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

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

Personal Interest Conflicts

  • Pecuniary Interest Conflicts
    • Example: Business Transactions Rule

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

Relationship Conflicts

  • Familial Relationships
  • Sexual Relationships

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

Other types of Conflicts

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

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

Imputed Conflicts (most important)/Imputed Disqualification Rule

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

Avoiding Conflicts

Declining to Take on Conflicted Representation

Before you can decline, need to detect: Conflicts checks

Other Means for Avoiding Conflicts

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

Curing Conflicts

Consent

  • Why consent is a cure

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

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

Screening (10 minutes)

History of Screening Defense

Evolution of ABA View of Screening (2009)

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

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

Course Credit per State


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

Course Presenter(s)

Richard Flamm

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

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

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

  Course Price:
$19.99
 
 

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
 
 

Depositions

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Depositions Details


Price:
$24.99

Course Description

In this course, attorney David Graulich will cover the basics of depositions in civil litigations. David is a plaintiff's attorney himself, but will discuss depositions from both the plaintiff's and the defense attorney's side. By the end of this session, attorneys who have never been involved in a deposition, as well as those who have, should be able to leave with some useful tools for future depositions.

Course Agenda

1. Preliminaries
  • Purpose of the Deposition
  • Who Will Be Present
  • When to Depose
  • Where to Depose
2. Going on the Record
  • Preliminary Matters
  • Stipulations
  • Introduction
3. Style of Questioning
  • Using an Assistant
  • Documents
  • Cross-examination
4. Coping with Objections and Other Problems
  • Form of the Question
  • Privilege/Protected Work Product
  • Motion to Compel
5. When Your Side Is Deposed
  • Defending Attorney Role
  • Preparing the Deponent
  • Making Objections
  • Maintaining Contact
  • Asking Questions

    Course Credit per State


    AL - On-Demand: 1.4 Credits
    AZ - General: 1.5 Credits
    CA - General: 1.5 Credits
    CO - General: 1.62 Credits
    CT - General: 1.25 Credits
    FL - General: 1.5 Credits
    IL - General: 1.25 Credits
    KS - General: 1.5 Credits
    KY - General: 1.25 Credits
    MO - Self Study: 1.5 Credits
    NC - General: 1.25 Credits
    NH - General: 1.35 Credits
    NJ - General: 1.6 Credits
    NY - General: 1.5 Credits
    OK - Distance Learning: 1.5 Credits
    PA - Distance Learning: 1.5 Credits
    TX - General: 1.5 Credits
    UT - Self Study: 1.5 Credits
    VA - General: 1.5 Credits
    WA - General: 1.25 Credits
    WV - General: 1.62 Credits

    Course Presenter(s)

    David Graulich, Esq.

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

  Course Price:
$24.99
 
 

Drafting Software Development Agreements

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Drafting Software Development Agreements Details


Price:
$19.99

Course Description

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

Course Agenda

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

    Course Credit per State


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

    Course Presenter(s)

    Deborah Gonzalez

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

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

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

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

  Course Price:
$19.99
 
 

Effective Use of Experts in Litigation

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Effective Use of Experts in Litigation Details


Price:
$24.99

Course Description

As a college lecturer for 27 years and an economic consultant to attorneys for 25 years, George A. Jouganatos, Ph.D. discusses the effective use of an expert from the point of view of the expert. His experience includes a wide variety of cases in employment, personal injury, wrongful death and commercial matters.

The topics discussed include selection and timing of engagement, ethics for experts, identifying experts, selection criteria, fees, and preparing for testimony.

Course Agenda

Course Credit per State


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

Course Presenter(s)

George Jouganatos

George A. Jouganatos has been a professor of economics for over 17 years. He has taught economics, finance, and quantitative analysis at University of California, Davis, University of California, Santa Cruz, California State University, Sacramento, and California State University, Hayward. He has published and engaged in seminars in the fields of the economics of development, political economy, economic history, environmental economics, public policy, and economic modeling and forecasting.

Dr. Jouganatos conducted research at the University of Athens and the Center of Economic Research and Planning in Athens, Greece where he conferred with many of the nation''s top economists and political officials. The fruit of the research resulted in a seminal book on the development of the Greek economy. His work on the Greek economy has been cited numerous times. He also engaged in research at the Institute of Development Studies, University of Sussex.

He works as a consulting economist providing economic and statistical analysis for the private and public sectors since 1991. He has written many economic impact, efficiency, cost, and feasibility studies. He has designed economic models, strategic plans, and performance measures. Dr. Jouganatos serves as an expert witness for cases involving personal Injury, wrongful death, wrongful termination, housing discrimination, employment discrimination, economic loss, business valuations, public finance, and breach of contracts. He has consulted and given testimony for numerous attorneys in California as well as in Nevada, Iowa, Montana, Hawaii and New York.

His selected clients include California Department of Boating and Waterways, California Resources Agency, California Attorney General, California Department of Finance, California Department of Education, California Department of Transportation, California Department of Justice, California Department of Corrections. Governor''s Office of Planning and Research, City of San Francisco, Harcourt Brace, State Farm Insurance, General American Investments, Individual Rights Foundation, Allied Electric Motor, Bank of New York, and numerous law firms.

Dr. Jouganatos has advised California State Assembly and Congressional candidates on economic issues and policies. He was asked to review economic platforms of United States Senate and California gubernatorial candidates. On several occasions he has provided brief commentaries on economic events and issues for television and radio.

In 2000, he was awarded a Faculty Research Fellows Grant from the Center of California Studies, California State University, Sacramento to analyze state land holdings for the Governor''s Office of Planning and Research.

He received a Ph.D. in economics from the University of California at Riverside.

  Course Price:
$24.99
 
 

Effective Workplace Policies and Handbooks

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Effective Workplace Policies and Handbooks Details


Price:
$19.99

Course Description

Policies and Handbooks allow employers to establish guidelines and expectations. When properly drafted these policies are beneficial to both employers and employees, and prevent potential problems. Thomas Lenz discusses a wide range of issues, from the obvious, "do you have written workplace policies" to, are they understandable? In many work environments this requires the policies to be in multiple languages, and some policies are required by law.

Mr. Lenz reviews "at will" employment and numerous hot button issues such as cellular phone usage, electronic communications and social media, and the rules which cover employees' personal use of these technologies, both in and out of the workplace. He reviews harassment policies and general rules regarding proper calculation of hours of work, meal and rest periods and standards of conduct rules. Effective policies allow management flexibility and help create a workplace where Everybody Wins!

Course Agenda

  • Do You Have Written Workplace Policies?
  • Big Questions Can Arise When Policies Don?t Reflect Reality
  • Policies and Handbooks Allow Employers to Establish Guidelines & Expectations
  • Some Policies are Required by Law
  • At-Will
  • Acknowledgment of At-Will
  • Acknowledgment of Receipt
  • Bulletin Boards
  • Cellular Telephone Policy
  • Confidentiality
  • Electronic Communications & Social Media
  • EEO (17 Classifications)
  • Harassment Policy
  • Hours of Work
  • Introductory Period
  • Meal & Rest Periods
  • In Closing
  • Jury Duty
  • Leaves of Absence
  • Management Rights
  • Open Door
  • Overtime
  • Recovery Periods
  • Security
  • Sick Leave/PTO
  • Solicitation/Distribution
  • Standards of Conduct Rules
  • Time Cards
  • Vacation
  • Workplace Violence
  • You Should Consider Whether Your Policies and Handbook Reflect:
  • Make Sure that what You Practice is what You Preach
  • Caveat

Course Credit per State


CA - General: 1.0 Credits
IL - General: 1.0 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.25 Credits
TX - General: 1.0 Credits
VA - General: 1.0 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
 
 

Ethical Issues in EB-5 and DACA Cases

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Ethical Issues in EB-5 and DACA Cases Details


Price:
$19.99

Course Description

In this presentation, David B. Gardner, who is a specialist in immigration law in California, will be speaking on ethical issues involving EB-5 (the immigrant investor visa program) and DACA (Deferred Action for Childhood Arrivals) cases, which are very relevant and pertinent issues in immigration law practice today. He will discuss how the government has attempted to fairly regulate the foreign investor visa industry, and some of the major difficulties that have arisen in doing so.

Course Agenda

  • The EB-5 Visa
  • Direct Investment
  • Regional Centers
  • EB-5 Market
  • Ethical Dilemma
  • Scope of Representation
  • Regional Center
  • Investment
  • Attorney Liability
  • Regional Center?s Law Firm
  • DACA

Course Credit per State


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

Course Presenter(s)

David B. Gardner

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

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

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

  Course Price:
$19.99
 
 

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
IN - Ethics: 1.0 Credits
MS - Ethics: 1.0 Credits
NH - Ethics: 0.95 Credits
NJ - Ethics: 1.1 Credits
NY - Ethics: 1.0 Credits
TN - Dual: 0.95 Credits
TX - Ethics: 1.0 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
 
 

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
 
 

Law Office Security

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Law Office Security Details


Price:
$19.99

Course Description

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

Course Agenda

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

Course Credit per State


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

Course Presenter(s)

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

Managing Data Privacy Risk for Life Science Companies

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Managing Data Privacy Risk for Life Science Companies Details


Price:
$19.99

Course Description

Course Agenda

Topics for Discussion
  • How and when HIPAA applies to Life Sciences Companies
  • Examples of current government agency enforcement of HIPAA and other privacy statutes that apply to life sciences
  • Safely and legally conducting data transfers from the EU to the U.S using the health data exception
  • The new EU General Data Protection Regulation (GDPR) and its impact on life sciences companies
  • Cybersecurity and the board of directors: fiduciary duties and governance

Course Credit per State


TX - General: 1.0 Credits

Course Presenter(s)

Diana Maier

Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.

Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.

Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.

In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.

Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.

Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.

You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.

  Course Price:
$19.99
 
 

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
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
TX - 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
 
 

The Ethics of Aging Clients

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The Ethics of Aging Clients Details


Price:
$19.99

Course Description

Learning Objectives After this course, attendees will be able to
  • Describe the reasons for concern over the issue of diminished capacity in older clients
  • Understand the differences among testamentary, contractual and financial capacity for decision making in their clients
  • Identify the nine domains of financial capacity
  • Describe criteria for a lawyer to use in assessing a client's capacity for decisions
  • State generally how to assess an aging client's basic abilities that demonstrate capacity for decisions
  • Identify alternatives to guardianship or conservatorship for clients as the least restrictive choices
  • Understand the lawyer's role in financial elder abuse prevention and ethical choices in whether to report abuse
  • Consider options when using mediation of elder related issues.

Course Agenda

1. Introduction- why are we talking about this? 2. Ethical concerns with older clients, the risks to lawyers 3. The continuum of decisional capacity
  • Testamentary
  • Contractual
  • Financial
4. The Complexities of Financial Capacity
  • Nine domains or areas needed to have capacity
5. How do you determine a client's capacity?
  • Criteria every lawyer should use
6. The impaired client
  • Using surrogates
  • Considerations
  • Reasoning, appreciation, consistency
7. Least restrictive alternatives for your client 8. Ethical choices when a client is impaired
  • Dangers for the client with your choices
9. Financial elder abuse
  • Extent of the problem
  • The lawyer's role in prevention
  • Report abuse or not?
10. Ethical concerns in mediation of elder-related issues
  • Illustration
11. Summary

Course Credit per State


AL - Ethics: 1.0 Credits
AZ - Ethics: 1.0 Credits
CA - Ethics: 1.0 Credits
CT - Ethics: 1.0 Credits
GA - Ethics: 1.0 Credits
KY - Ethics: 1.0 Credits
NJ - Ethics: 1.2 Credits
NY - Ethics: 1.0 Credits
PA - Ethics: 1.0 Credits
TX - Ethics: 1.0 Credits
UT - Ethics: 1.0 Credits
WA - Ethics: 1.0 Credits
WV - Ethics: 1.22 Credits

Course Presenter(s)

Carolyn Rosenblatt

Carolyn Rosenblatt is an attorney and mediator with over 45 years of experience in her combined professions. Together with her co-presenter and husband, geriatric psychologist Dr. Mikol Davis, she founded AgingParents.com, a resource for families, and AgingInvestor.com offering training about aging issues for professionals. She is a consultant in aging and mediator and has been quoted in the Wall Street Journal, the New York Times, Reuters, NextAvenue, Bankrate, ThinkAdvisor, Financial Planning, AARP, the National Safety Council journal and many other sources. Ms. Rosenblatt blogs at Aging Parents on Forbes.com. She is the author of The Family Guide to Aging Parents, ABA's Working with Aging Clients: A Guide for Lawyers, Business and Financial Professionals and Succeed With Senior Clients, A Financial Advisor's Guide to Best Practices. For more information, visit www.agingparents.com and http://www.aginginvestor.com.

Dr. Mikol Davis

Dr. Mikol Davis has over 40 years of clinical experience in mental health. He frequently assesses capacity for decision making in aging adults. He continues to provide direct mental health services. Dr. Davis creates many online courses and products to assist with understanding aging issues and has extensive experience in treating anxiety and depression for persons of all ages. He has a special focus on geriatrics. He is a mediator of family conflicts with issues about elders. He volunteers as a settlement panelist for Marin County Courts in high conflict family matters. Dr. Davis and his co-presenter Ms. Rosenblatt, share a passion for elder abuse prevention. He co-authored Succeed With Senior Clients, A Financial Advisor's Guide to Best Practices He and Ms. Rosenblatt have been married for 34 years. For more information, visit www.agingparents.com and http://www.aginginvestor.com.

  Course Price:
$19.99
 
 

The Five Fundamentals of Federal Employment Law

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The Five Fundamentals of Federal Employment Law Details


Price:
$24.99

Course Description

In this course, attorney David Graulich will cover the five fundamentals of employment law. He begins by discussing title 7 of the Civil Rights Act, which basically begins the modern era of employment law. He will then will move on to cover at will employment, who is an employee? (employee vs. independent contractor), exempt or non-exempt? and the large area of leaves of absence law under the federal venue.

Course Agenda

1. Title 7 of the Civil Rights Act
  • Begins the modern era of employment law
  • First major move into regulating the private workplace
  • Race and gender discrimination
  • Equal Employment Opportunity Commission & right to sue letters
  • Griggs v Duke Power Co, 401 US 424 (1971)
  • EEOC v Abercrombie & Fitch
  • Shifting burdens in litigation
2. At Will Employment 3. Who Is an Employee?
  • Employee vs Independent Contractor
  • Common law agency test
  • Economic realities test
  • IRS rules & case law
  • Employment laws only protect employees
4. Exempt or Non-Exempt?
  • Why is this important
  • Brain vs Muscle framework
  • 50% rule ? exempt vs non-exempt tasks
    5. Leaves of Absence Law
    • Family medical leave act
    • Sexual harassment in the workplace

    Course Credit per State


    AL - On-Demand: 1.3 Credits
    AZ - General: 1.25 Credits
    CA - General: 1.25 Credits
    CT - General: 1.25 Credits
    IL - General: 1.5 Credits
    KY - General: 1.25 Credits
    ME - Self Study: 1.28 Credits
    NC - General: 1.25 Credits
    NH - General: 1.28 Credits
    NJ - General: 1.5 Credits
    NY - General: 1.5 Credits
    PA - Distance Learning: 1.5 Credits
    SC - General: 1.28 Credits
    TN - General: 1.28 Credits
    TX - General: 1.25 Credits
    UT - Self Study: 1.5 Credits
    VA - General: 1.5 Credits
    WA - General: 1.25 Credits
    WI - On-Demand: 1.5 Credits
    WV - General: 1.54 Credits

    Course Presenter(s)

    David Graulich, Esq.

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

  Course Price:
$24.99
 
 

The Reduction of Bias in the Legal Profession

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The Reduction of Bias in the Legal Profession Details


Price:
$19.99

Course Description

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

Course Agenda

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

Course Credit per State


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

Course Presenter(s)

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

What Every Lawyer Should Know About Cyber Security

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What Every Lawyer Should Know About Cyber Security Details


Price:
$19.99

Course Description

This informative presentation will cover current cyber security risks that affect today's attorneys, their firms, and clients. Deborah Gonzalez will begin by covering the basics of online security before delving deeper into the major cyber threats awaiting attorneys and their firms in a new and fast changing digital world. She will discuss critical issues, such as the importance of cyber security awareness, so that attorneys will have a better understanding of cyber vulnerabilities, as well as what security measures they can take to minimize risk and provide a reasonable level of security. Deborah will also cover issues such as ethical obligations, which may be compromised by a lack of understanding or preparation when it comes to protecting sensitive, confidential information.

Course Agenda

Setting the Context

  • How many lawyers out there log into secure accounts while using the free Wi-Fi at a local coffee shop?
  • How many click on links in emails that say "Is this really a picture of you?!!"
  • How many use an easy-to-guess password?
  • How many don't bother to log out of their office computer while they go to lunch?
  • How many leave it open overnight?
  • How many use the same easy-to-guess password for all their online accounts?

New world full of digital threats:

  • Breaches, Hacks, Social Engineering
  • Online risks:
  • Reputational, Operational, Legal
  • Consequences:
  • Financial, Compliance Penalties, Loss of Trust

What are you protecting?

  • Case and/or litigation strategy information
  • Confidential client business information
  • Attorney-client privileged communications and other legally privileged information
  • Client intellectual property
  • A range of personally identifiable information (PII) of all kinds for employees, clients and third parties and
  • Financial information, i.e. payment card information

Who creates the risk?

  • You
  • Your partners
  • Other attorneys/associates in your firm
  • Opposing Counsel
  • Interns/Clerks (Students)
  • Paralegals
  • Other Staff in your firm
  • Clients
  • Thieves
  • Hackers
  • Crackers
  • Cyberterrorists
  • Cyber Smearers
  • Competitors
  • Industrial Spies
  • Foreign Governments
  • Our Government - NSA
  • Politicians
  • Unknown Entities

I'm too Small Defense

  • "Size" is not the answer.
  • This is an issue for big firms, mid-size firms, small firms and solo practitioners.
  • It is not about us - it is about our clients - and all size firms have all size clients.
  • According to a study conducted by Symantec, whenever your laptop, USB thumb drive, or smart phone's data is
  • breached (i.e., your client's data), it costs on average $136 for each record that is stolen or $5.4 million per incident.
  • http://www.irisds.com/why-your-law-firms-data-may-not-be-as-secure-as-you-think/, 2014.

Why do these happen?

  • On Your Side:
    • Not being prepared.
    • Assuming everyone knows how to secure their devices/data.
    • Assuming your IT department has taken care of it.
    • Not being aware of potential risks. For example: Free Wi-Fi.
  • On Their Side:
    • Financial Gain
    • Disclosure/Revelation
    • Curiosity/Thrill Seeking
    • Espionage/Competition/Gain Trade Secrets
    • Revenge
    • Disruption
    • Extortion
    • Publicity
    • Malice

What can you do?

  • First, understand that your duty is for reasonable security, not absolute security. No one can guarantee
  • that.
  • Second, learn and be aware of what can happen and what you can do to prevent and protect as much as possible.
  • Know your data
  • Know your organization
  • Know your people
  • Know your providers
  • Know the law
  • Manage your risks
  • Have strong policies and procedures to govern data collection, access, storage, etc.
  • Install effective antivirus/SPAM protection
  • Encryption
  • Have an incident response procedure
  • Backup your systems regularly
  • Review your confidentiality policy
  • Train your staff
  • Cyber Security Awareness
  • Passwords, Two-Factor Authentication; biometrics
  • Phishing Scams, etc.
  • Use of External Flash Drives
  • Review your cloud storage provider agreement and the provider's security controls
  • ISO 27018- Data Protection Standards for the Cloud

Who is a Cloud Provider?

Considerations for Cloud Providers

What can you do?

Audits/Assessments:

  • Risk Identification
  • Risk Assessment/Analysis
  • Risk Mitigation
  • Risk Response Plan
  • Risk Management

Understanding Cyber Vulnerabilities

  • Phishing Emails
  • Social Engineering
  • Masquerading
  • Phantom Wi-Fi or Evil Twin Networks
  • Water-Hole Attacks
  • App Malware

Protection

  • Insurance Types
  • E&O
  • Cyber liability
  • Network security Liability
  • Insurance Coverage
  • Liability
  • Remediation
  • Fines and/or penalties

Ethical Obligations

  • ABA Model Rule 1.1 Duty of Competency
  • It includes competency in selecting and using technology.

ABA Model Rule 1.4 Duty Governing Communications

ABA Model Rule 1.6 Duty of Confidentiality

ABA Model Rule 5.1 Responsibilities of a Partner or Supervising Lawyer

ABA Model Rule 5.3 Responsibilities Regarding Non-lawyer Assistant

Special Considerations for Corporate Counsel

10 Point Agenda by Hogan Lovells (2012 - but still very relevant)

    Fulfill Fiduciary Duty of Board and Management

    Address Disclosure Obligations and Appropriate Communications

    Guide Participation in Public-Private Partnerships and Law Enforcement Interactions

    Achieve Regulatory Compliance

    Provide Counsel to Cyber-security Program

    Prepare to Handle Incidents and Crisis

    Manage Cyber-security Related Transactional Risk

    Effectively Use Insurance

    Monitor and Strategically Engage in Public Policy

    Discharge Professional Duty of Care

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.3 Credits
    CT - General: 1.0 Credits
    FL - Technology: 1.0 Credits
    GA - Self Study: 1.0 Credits
    IL - General: 1.0 Credits
    MO - Self Study: 1.3 Credits
    MT - Self Study: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NH - General: 1.0 Credits
    NY - General: 1.0 Credits
    TX - General: 1.0 Credits
    WA - General: 1.0 Credits
    WV - General: 1.3 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
 
 

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
NJ - 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.

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