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.
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
ABA professional responsibility Client-Lawyer Guidelines Details
Price:
$29.99
Course Description
The Rules of Professional Conduct created by the American Bar Association are "the gold standard" when making decisions about legal ethics and best practice. These rules have been adapted by most state bars for the benefit of their members. In addition, the Rules are a standard authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this MLCEZ course, David Graulich, Esq. provides a closer look at the ABA Rules that pertain to the attorney-client relationship. What is the division of authority between the client and the attorney? How does an ethical attorney avoid the appearance "or reality -- of conflict of interest" Can an attorney ethically agree to represent a client in an unfamiliar area of law? Can an attorney loan money to a client? Graulich illustrates the rules with real-life examples as well as working through hypothetical ethical questions that typically arise in private practice.
Course Agenda
Course Credit per State
AZ - Ethics: 2.0 Credits CA - Ethics: 2.0 Credits CO - Ethics: 2.3 Credits CT - Ethics: 2.0 Credits IL - Professional Responsibility: 1.75 Credits KS - Ethics: 2.0 Credits ME - Professional Responsibility: 1.88 Credits NC - Professional Responsibility: 1.75 Credits NJ - Ethics: 2.3 Credits NY - Ethics: 2.0 Credits OH - Attorney Conduct: 2.0 Credits OK - Legal Ethics: 2.0 Credits PA - Ethics: 2.0 Credits SC - Ethics: 1.88 Credits TX - Ethics: 2.0 Credits UT - Ethics: 2.0 Credits VA - Ethics: 2.0 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
This course is a companion to David Graulich's previous MCLEZ class, FIVE FUNDAMENTALS OF FEDERAL EMPLOYMENT LAW. The issues in this class are drawn from emerging controversies and court decisions in 2016 and 2017. Graulich examines the alarming erosion of privacy in the workplace and how the intrusion into employees? emails and files by employers has become routine. The course will cover the proliferation of local employment laws, enacted by cities and counties, that often contradict or conflict with federal workplace laws. The rise of "the gig economy," with companies such as Uber and Lyft, has created new controversy around the question "what is an employee." Graulich will also discuss how the rise of compulsory arbitration is replacing the jury trial as a venue for resolution of employment cases.
Course Agenda
LOCAL JURISDICTIONS
ARBITRATION
EMPLOYEE OR CONTRACTOR?
PREDICTABLE SCHEDULING
EMPLOYEE PRIVACY IN THE WORKPLACE
Course Credit per State
AZ - General: 2.0 Credits CA - General: 2.0 Credits CO - General: 2.16 Credits CT - General: 2.0 Credits IL - General: 1.75 Credits KS - General: 2.0 Credits ME - Self Study: 1.8 Credits NC - General: 1.75 Credits NJ - General: 2.2 Credits NY - General: 2.0 Credits OH - Self Study: 1.75 Credits OK - Distance Learning: 2.0 Credits PA - Distance Learning: 2.0 Credits SC - General: 1.8 Credits TX - General: 2.0 Credits UT - Self Study: 2.0 Credits VA - General: 2.0 Credits WI - On-Demand: 2.0 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
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
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits IL - General: 1.0 Credits KS - 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.
What is "The Cloud"? Who runs it? Where is it? Will it go away? Where is all my information? Is it worth using? These questions and more are discussed in this program which helps attorneys learn about this major development in law technology and also meet ethical obligations to remain knowledgeable in this area, as stated by the ABA.
Course Agenda
What is the "cloud"?
Who runs it?
Where is it?
Will it go away?
Where is all my information?
Is it worth using?
Cloud Benefits
File Sharing
File centralization
"Virtual machines"
Log into system
"Zero Maintenance"
"always on"
No longer have to go to the office
Ethics behind Cloud Computing
ABA Model Rule 1.1 Competence: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
ABA Model Rule 1.6(c), "make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client."
ALL States that offer opinions on Cloud Computing= allowed with "reasonable care"
CA OPINION NO. 2010-179
"Evaluate the nature of the technology, available security precautions, and limitations on third-party access."
"Consult an expert if lawyer's technology expertise is lacking."
"Weigh the sensitivity of the data, the impact of disclosure on the client, the urgency of the situation, and the client's instructions."
Cloud Concerns
Security
Control
What happens if you don't pay on time?
If you decide to cancel, will all the data be permanently deleted?
Trust of vendor
Reliability of Internet connection & speed
Cloud Tasks for Attorneys
Centralized case/matter management
Document management
Time and billing
A hosted Quickbooks or Time Matters system often works better than trying to locally network it between workstations
Scheduling/reporting
Contact management
Conflict checking
Cloud Considerations
What law governs (yours or where the server is?)
How would you be notified if there was a security concern?
You own all the data uploaded, right?
What's the vendor's reputation in the community overall?
Will my data be encrypted? What type?
Duty to Supervise
Duty to Communicate with Client
Managing Cloud Risks
Internal Due Diligence
External Due Diligence; Contracts
Continuous Access to Data
Security, Security Breaches
Termination
Implementation
TRAINING
NEW HIRES
DOCUMENTED INSTRUCTIONS ON RETRIEVING/STORING DATA!
Cloud Computing Services
Dropbox/Box.net for Business
OneDrive Professional
Google Apps for Business (attorneys)
Hosted App Servers (almost any ISP; hostgator, godaddy, amazon, etc.)
AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CO - Ethics: 1.3 Credits CT - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits NJ - Ethics: 1.3 Credits NY - Ethics: 1.0 Credits OH - Attorney Conduct: 1.0 Credits PA - Ethics: 1.0 Credits TX - Ethics: 1.0 Credits VA - Ethics: 1.0 Credits
Course Presenter(s)
Russell Jackman, Esq.
Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.
Course Price:
$19.99
Competence Issues Relevant to an Attorneys Ability to Perform Legal Services
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
AZ - General: 1.0 Credits CA - Competence Issues: 1.0 Credits IL - Mental Health - Substance Abuse : 1.0 Credits NY - : 1.0 Credits OH - Attorney Conduct: 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
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??
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
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.
In this course, attorney David Graulich will cover the basics of depositions in civil litigations. David is a plaintiff's attorney himself, but will discuss depositions from both the plaintiff's and the defense attorney's side. By the end of this session, attorneys who have never been involved in a deposition, as well as those who have, should be able to leave with some useful tools for future depositions.
Course Agenda
1. Preliminaries
Purpose of the Deposition
Who Will Be Present
When to Depose
Where to Depose
2. Going on the Record
Preliminary Matters
Stipulations
Introduction
3. Style of Questioning
Using an Assistant
Documents
Cross-examination
4. Coping with Objections and Other Problems
Form of the Question
Privilege/Protected Work Product
Motion to Compel
5. When Your Side Is Deposed
Defending Attorney Role
Preparing the Deponent
Making Objections
Maintaining Contact
Asking Questions
Course Credit per State
AL - On-Demand: 1.4 Credits AZ - General: 1.5 Credits CA - General: 1.5 Credits CO - General: 1.62 Credits CT - General: 1.25 Credits FL - General: 1.5 Credits IL - General: 1.25 Credits KY - General: 1.25 Credits MO - Self Study: 1.5 Credits NC - General: 1.25 Credits NH - General: 1.35 Credits NJ - General: 1.6 Credits NY - General: 1.5 Credits OK - Distance Learning: 1.5 Credits PA - Distance Learning: 1.5 Credits TX - General: 1.5 Credits UT - Self Study: 1.5 Credits VA - General: 1.5 Credits WA - General: 1.25 Credits WV - General: 1.62 Credits
Course Presenter(s)
David Graulich, Esq.
Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.
While awareness of the need for support for diversity among law firms continues to increase, the goal of proportionate inclusion for people of diverse ethnicity and women remains substantially unfulfilled. Members of historically underrepresented groups remain seriously disadvantaged in both training and work environments. In this program attorney Steven A. Nielsen discusses the gap between efforts to increase diversity and inclusion in the legal profession and the less than satisfactory results as documented in current statistical data. He offers his thoughts on how the profession can first recognize the root causes that contribute to a lack of diversity and how, with this knowledge, firms can implement practical policies of inclusion to provide a way forward to increase racial and gender diversity.
Course Agenda
What does the current literature tell us?
Pressure for Law School Ranking Hurts Women
Both Law and Medicine have Diversity Problems
Getting into Law School
Making a Living as a Lawyer
Covering the Bases of D and I
A Broader Definition of Diversity
Mentoring and Networking Seem to be an Answer
Diversity and Inclusion
Is our definition of "reaching the top" to be reconsidered?
Is running a solo or small frim considered success?
Crossover Subjects
Bias - A Proposed Big Picture View
A Proposed Big Picture Approach
What is Bias?
Mechanical Bias
Group Bias
What is Discrimination?
Do we learn hate?
How did we evolve?
Advantages of being in a group
Group Study Data
The Robber's Cave Experiment
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
Perhaps broad definitions of "diversity" are helpful in defining the scope of our anti-bias efforts
Still allowed to judge or discern, but judge with knowledge of the individual
How do we reduce bias?
How do we make everyone feel equal?
The Skilled Mediator Example
Bias in Action
Can we learn to withhold judgment?
Question Everything
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits FL - General: 1.25 Credits IL - Diversity and Inclusion: 1.0 Credits NY - Diversity and Inclusion: 1.0 Credits OH - Attorney Conduct: 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.
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 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.
As a college lecturer for 27 years and an economic consultant to
attorneys for 25 years, George A. Jouganatos, Ph.D. discusses the
effective use of an expert from the point of view of the expert. His
experience includes a wide variety of cases in employment, personal
injury, wrongful death and commercial matters.
The topics discussed include selection and timing of engagement, ethics
for experts, identifying experts, selection criteria, fees, and
preparing for testimony.
Course Agenda
Course Credit per State
AZ - General: 1.5 Credits CA - General: 1.5 Credits CO - General: 1.7 Credits CT - General: 1.0 Credits IL - General: 1.25 Credits KS - General: 1.5 Credits ME - Self Study: 1.41 Credits NJ - General: 1.7 Credits NY - General: 1.5 Credits OH - Self Study: 1.5 Credits OK - Distance Learning: 1.5 Credits PA - Distance Learning: 1.0 Credits SC - General: 1.41 Credits TX - General: 1.5 Credits UT - Self Study: 1.5 Credits VA - General: 1.5 Credits
Course Presenter(s)
George Jouganatos
George A. Jouganatos has been a professor of economics for over 17 years. He has taught economics, finance, and quantitative analysis at University of California, Davis, University of California, Santa Cruz, California State University, Sacramento, and California State University, Hayward. He has published and engaged in seminars in the fields of the economics of development, political economy, economic history, environmental economics, public policy, and economic modeling and forecasting.
Dr. Jouganatos conducted research at the University of Athens and the Center of Economic Research and Planning in Athens, Greece where he conferred with many of the nation''s top economists and political officials. The fruit of the research resulted in a seminal book on the development of the Greek economy. His work on the Greek economy has been cited numerous times. He also engaged in research at the Institute of Development Studies, University of Sussex.
He works as a consulting economist providing economic and statistical analysis for the private and public sectors since 1991. He has written many economic impact, efficiency, cost, and feasibility studies. He has designed economic models, strategic plans, and performance measures. Dr. Jouganatos serves as an expert witness for cases involving personal Injury, wrongful death, wrongful termination, housing discrimination, employment discrimination, economic loss, business valuations, public finance, and breach of contracts. He has consulted and given testimony for numerous attorneys in California as well as in Nevada, Iowa, Montana, Hawaii and New York.
His selected clients include California Department of Boating and Waterways, California Resources Agency, California Attorney General, California Department of Finance, California Department of Education, California Department of Transportation, California Department of Justice, California Department of Corrections. Governor''s Office of Planning and Research, City of San Francisco, Harcourt Brace, State Farm Insurance, General American Investments, Individual Rights Foundation, Allied Electric Motor, Bank of New York, and numerous law firms.
Dr. Jouganatos has advised California State Assembly and Congressional candidates on economic issues and policies. He was asked to review economic platforms of United States Senate and California gubernatorial candidates. On several occasions he has provided brief commentaries on economic events and issues for television and radio.
In 2000, he was awarded a Faculty Research Fellows Grant from the Center of California Studies, California State University, Sacramento to analyze state land holdings for the Governor''s Office of Planning and Research.
He received a Ph.D. in economics from the University of California at Riverside.
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
AZ - General: 1.0 Credits 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.
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
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
AZ - General: 1.0 Credits 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
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
AZ - General: 1.0 Credits CA - General: 1.0 Credits IL - General: 1.0 Credits NY - General: 1.0 Credits 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.
Learning Objectives
After this course, attendees will be able to
Describe the reasons for concern over the issue of diminished capacity in older clients
Understand the differences among testamentary, contractual and financial capacity for decision making in their clients
Identify the nine domains of financial capacity
Describe criteria for a lawyer to use in assessing a client's capacity for decisions
State generally how to assess an aging client's basic abilities that demonstrate capacity for decisions
Identify alternatives to guardianship or conservatorship for clients as the least restrictive choices
Understand the lawyer's role in financial elder abuse prevention and ethical choices in whether to report abuse
Consider options when using mediation of elder related issues.
Course Agenda
1. Introduction- why are we talking about this?
2. Ethical concerns with older clients, the risks to lawyers
3. The continuum of decisional capacity
Testamentary
Contractual
Financial
4. The Complexities of Financial Capacity
Nine domains or areas needed to have capacity
5. How do you determine a client's capacity?
Criteria every lawyer should use
6. The impaired client
Using surrogates
Considerations
Reasoning, appreciation, consistency
7. Least restrictive alternatives for your client
8. Ethical choices when a client is impaired
Dangers for the client with your choices
9. Financial elder abuse
Extent of the problem
The lawyer's role in prevention
Report abuse or not?
10. Ethical concerns in mediation of elder-related issues
Illustration
11. Summary
Course Credit per State
AL - Ethics: 1.0 Credits AZ - Ethics: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits KY - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits PA - Ethics: 1.0 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits WA - Ethics: 1.0 Credits WV - Ethics: 1.22 Credits
Course Presenter(s)
Carolyn Rosenblatt
Carolyn Rosenblatt is an attorney and mediator with over 45 years of experience in her combined professions. Together with her co-presenter and husband, geriatric psychologist Dr. Mikol Davis, she founded AgingParents.com, a resource for families, and AgingInvestor.com offering training about aging issues for professionals. She is a consultant in aging and mediator and has been quoted in the Wall Street Journal, the New York Times, Reuters, NextAvenue, Bankrate, ThinkAdvisor, Financial Planning, AARP, the National Safety Council journal and many other sources. Ms. Rosenblatt blogs at Aging Parents on Forbes.com. She is the author of The Family Guide to Aging Parents, ABA's Working with Aging Clients: A Guide for Lawyers, Business and Financial Professionals and Succeed With Senior Clients, A Financial Advisor's Guide to Best Practices. For more information, visit www.agingparents.com and http://www.aginginvestor.com.
Dr. Mikol Davis
Dr. Mikol Davis has over 40 years of clinical experience in mental health. He frequently assesses capacity for decision making in aging adults. He continues to provide direct mental health services. Dr. Davis creates many online courses and products to assist with understanding aging issues and has extensive experience in treating anxiety and depression for persons of all ages. He has a special focus on geriatrics. He is a mediator of family conflicts with issues about elders. He volunteers as a settlement panelist for Marin County Courts in high conflict family matters. Dr. Davis and his co-presenter Ms. Rosenblatt, share a passion for elder abuse prevention. He co-authored Succeed With Senior Clients, A Financial Advisor's Guide to Best Practices He and Ms. Rosenblatt have been married for 34 years. For more information, visit www.agingparents.com and http://www.aginginvestor.com.
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.
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
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.
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 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.
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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