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Virginia CLE Course Catalog
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ABA Professional Responsibility Client-Lawyer Guidelines Part IV
ABA Professional Responsibility Client-Lawyer Guidelines Part IV Details
Price:
$19.99
Course Description
This class is the fourth in a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Rule VII (Information about Legal Services). Among the topics covered: Communication Concerning a Lawyer's Services, Communications Concerning a Lawyer's Services: Specific Rules, Solicitation of Clients and Political Contributions to Obtain Legal Engagements or Appointments by Judges. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.
Course Agenda
ABA Ethics Guidelines Context
Rules Overview
Rule 7.1 Communication Concerning a Lawyer's Services
Rule 7.2 Communications Concerning a Lawyer's Services: Specific Rules
Rule 7.3 Solicitation of Clients
Rule 7.6 Political Contributions to Obtain Legal Engagements or Appointments by Judges
Conclusion
Course Credit per State
AL - Ethics: 1.0 Credits AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Professionalism: 1.0 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits KY - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NV - Ethics: 1.0 Credits NY - Ethics: 1.0 Credits OK - Legal Ethics: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.03 Credits TN - Dual: 1.03 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits VA - Ethics: 1.0 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:
$19.99
ABA Professional Responsibility Client-Lawyer Guidelines Part V
ABA Professional Responsibility Client-Lawyer Guidelines Part V Details
Price:
$19.99
Course Description
This class is part of a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Section VIII (Maintaining the Integrity of the Profession). Among the topics covered: Bar Admission and Disciplinary Matters, Judicial and Legal Officials, Reporting Professional Misconduct, Misconduct and Disciplinary Authority; Choice of Law. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.
Course Agenda
Rules Overview ? Maintaining the Integrity of the Profession
Rule 8.1 - Bar Admission and Disciplinary Matters
Rule 8.2 - Judicial and Legal Officials
Rule 8.3 - Reporting Professional Misconduct
Rule 8.4 - Misconduct
Rule 8.5 - Disciplinary Authority; Choice of Law
Further Reading
Course Credit per State
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits FL - Ethics: 1.2 Credits GA - Ethics: 1.0 Credits IL - Professional Responsibility: 1.0 Credits IN - Ethics: 1.0 Credits KY - Ethics: 1.0 Credits NH - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional conduct: 1.0 Credits PA - Ethics: 1.0 Credits SC - Ethics: 1.0 Credits TX - Ethics: 1.0 Credits UT - Ethics: 1.0 Credits VA - Ethics: 1.0 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:
$19.99
Business and Asset Protection Strategies in the Age of Covid-19
Business and Asset Protection Strategies in the Age of Covid-19 Details
Price:
$19.99
Course Description
than those who have not. This engaging presentation on protecting assets from plaintiffs, lenders, creditors and the government will cover lessons learned from the financial crisis of 2008 that we can apply to the current landscape, what businesses can do now to transition into the recession, and how companies and individuals can protect their assets from litigation and creditor threats. The instructor will share real-life stories and anecdotes, and will present a very practical approach to protecting assets. The discussion will also cover asset protection planning in a troubled economy, focusing on protecting assets from lenders and landlords and how to plan after a lawsuit, a default or an accident.
Course Agenda
Overview of Asset Protection
Fraudulent Transfers
Business Entities
Trusts in Asset Protection
Protecting Specific Assets
How to plan for a lawsuit
Course Credit per State
AZ - General: 1.5 Credits CA - General: 1.5 Credits CT - General: 1.5 Credits GA - Self Study: 1.5 Credits NJ - General: 1.6 Credits NY - General: 1.5 Credits OH - Self Study: 1.25 Credits OK - Distance Learning: 1.5 Credits SC - General: 1.31 Credits TX - General: 1.25 Credits VA - General: 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
Ethical Issues for Trust, Estate & Probate Attorneys Under the California End of Life Option Act
Ethical Issues for Trust, Estate & Probate Attorneys Under the California End of Life Option Act Details
Price:
$19.99
Course Description
The California End of Life Option Act ("EOLOA" or "the Act"), operative since June 9, 2016, impacts estate, trust, and probate practice in a variety of ways. This article explains the Act's eligibility and procedural criteria and shows how potential EOLOA fact patterns can implicate certain ethical rules of professional responsibility. Specifically, this article focuses on the interaction between the EOLOA and some of the updated Rules of Professional Conduct, effective since November 1, 2018.
Course Agenda
EOLOA Eligibility Criteria & Procedures
California's End of Life Option Act (EOLOA)
Summary of Eligibility Criteria
Health & Safety Code Sec. 443.2
Key Terms
Qualified Individual
Capacity to Make Medical Decisions
Informed Decision
Terminal Disease
Self-Administer
Summary of Process: Patient Perspective
Health & Safety Code Sections 443.3, 443.5-443.7
Requirements for Patient's Written Request
Who Can be a Witness?
Summary of Process: Physician Perspective
EOLOA: Estate Planning
Donative Transfers Presumed Invalid
Care Custodian
Health & Social Services
Dependent Adult (Senior)
Dependent Adult (Non-Senior)
EOLOA & Care Custodian
Care Custodian as Heir?
EOLOA: Safe Harbor
EOLOA: Criminal Conduct
EOLOA & Cal. Rules of Professional Responsibility
Ethical Issue #1: Diligence
(as of November 10, 2018)
Fact Pattern: Diligence
Ethical Analysis
Ethical Issue #2: Confidential Information of a Client
(as of November 10, 2018)
Fact Pattern: Permissive Disclosure of Client Information
Ethical Analysis
Ethical Issue #3: Conflict of Interest -
Current Clients
(as of November 10, 2018)
Directly Adverse
Significant Risk?
Materially Limit
Financial, Family, or Intimate
Relationships
Fact Pattern: Avoiding the Representation of Adverse Interests
Ethical Analysis
Course Credit per State
AZ - Professional Responsibility: 1.0 Credits CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits IN - Ethics: 1.0 Credits NJ - Ethics: 1.2 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional conduct: 1.0 Credits TX - Ethics: 1.0 Credits VA - General: 1.0 Credits
Course Presenter(s)
Ariana Perfecto
Ariana M. Perfecto is an attorney at Lagerlof, LLP in Pasadena, California. She focuses on estate planning and trust administration. Ms. Perfecto earned her Juris Doctor from Pepperdine University School of Law. The California Trusts and Estates Quarterly recently published her article entitled, "The Practitioner's Guide to Preserving the Latino Legacy."
The crux of the Freedom of Information Act (5 U.S.C. Sec. 552) is to make Federal agencies accountable for information disclosure policies and practices. While the Act does not grant an absolute right to examine government documents, it does establish the right to request records and to receive a response to the request. If a record cannot be released, the requester is entitled to be formally advised of the reason for the denial. The requester also has a right to appeal the denial and, if necessary, to challenge it in court. Consequently, access to information of the Federal Government can no longer be controlled by arbitrary or unreviewable actions of a hidden bureaucracy. This program introduces attorneys to FOIA and (includes a discussion of FOIA and Environmental Law)
Course Agenda
Historical Overview of the Freedom of Information Act (5 U.S.C. Sec. 552)
How to make information requests
What types of records can be obtained using FOIA
FOIA Fee Waivers
Time frames for the government to respond to a request for public records
Exemptions from disclosure
Request Strategies
Department of Justice and State and Government Websites
How FOIA can best be used to serve the interests of clients, the public and our democracy.
Course Credit per State
AZ - General: 2.0 Credits CA - General: 1.75 Credits CT - General: 2.0 Credits FL - General: 2.0 Credits GA - Self Study: 1.5 Credits IL - General: 1.75 Credits IN - Distance Education: 1.8 Credits KY - General: 1.75 Credits MO - Self Study: 2.1 Credits MS - General: 1.8 Credits NH - 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 SC - General: 1.8 Credits TX - General: 2.0 Credits UT - Self Study: 1.5 Credits VA - General: 2.0 Credits
Course Presenter(s)
Pete Sorenson
With more than 30 years as an attorney, lawyer and advocate, I am licensed to practice law in the District of Columbia and the State of Oregon. I specialize in the Freedom of Information Act (FOIA) law and help journalists, authors, nonprofits, for profit businesses, and others to access federal government records. I assist clients with FOIA Requests, Administrative Appeals, Judicial Reviews and FOIA litigation.
In addition to assisting clients, I speak and lecture on FOIA, most recently at the Appalachian Public Interest Environmental Law (APIEL) Conference in Tennessee, University of Georgia School of Law, and at University of Tennessee College of Law.
Public and civic service is a cornerstone, with earlier careers working for a member of Congress and as Special Assistant to the Secretary of Agriculture. I am currently serving my 24th year as an elected Commissioner on the Lane County Board of Commissioners in Eugene, Oregon. Prior to that, I served in the Oregon State Senate. My political and civic experience adds a depth and understanding to my FOIA work that is unique among lawyers.
RECENT FOIA CASES: (2016 ? Present)
Food and Drug Administration: assisted journalist in obtaining the calendar of a crucial FDA official
Central Intelligence Agency: obtained records for a journalist writing on the activities of a prominent CIA official, used in questioning President's nominee for CIA Director
Environmental Protection Agency: made request for client; assisted company in obtaining a report of a competitor's product performance
Central Intelligence Agency: made request, filed administrative appeal and judicial review; assisted in obtaining records of a client's father's service in the CIA
Bureau of Land Management: on behalf of a nonprofit organization, filed judicial review, obtained records and then obtained significant judgment for attorneys' fees for that work
Agricultural Marketing Service: filed judicial review; assisted nonprofit organization in obtaining records and then obtained judgment for attorneys' fees for that work February 6, 2020
Federal Bureau of Investigation: filed request and administrative appeal on behalf of an individual seeking DNA evidence in criminal matter; obtained records; matter pending
Centers for Medicare and Medicaid Services: assisting client in obtaining records held by CMS (in progress)
Environmental Protection Agency: filed judicial review, obtained records, and obtained settlement of attorneys' fees for engineering firm needing data and reports
CURRENT WORK:
1997 ? Present Elected County Commissioner, Lane County Board, Eugene, Oregon
1982 ? Present Attorney and Owner, Sorenson Law Office, Eugene, Oregon
PAST EXPERIENCE:
2005 ? 2006 Adjunct Professor, School of Law, University of Oregon
1993 ? 1997 Oregon State Senator (Member of Judiciary Committee), Salem, Oregon
1984 ? 1985 Visiting Professor, Department of Geography, University of Oregon
1983 ? 1984 Instructor, Dept. of Planning, Public Policy and Management, University of Oregon
1981 ? 1982 Volunteer Prosecutor, Lane County District Attorney's Office, Eugene, Oregon
1979 ? 1982 Law Clerk, Dwyer Simpson and Wold, Attorneys, Eugene, Oregon
1977 ? 1979 Special Assistant, Office of the Secretary of Agriculture, Washington, DC
1974 ? 1977 Legislative Assistant, Congressman Jim Weaver (Oregon), Washington, DC
EDUCATION:
1996 ? Certificate of Completion, Program for America's Emerging Political Leaders, Darden School, University of Virginia, Charlottesville, Virginia
1982 ? J.D. University of Oregon School of Law, Eugene, Oregon
1979 ? M.A. University of Oregon Geography Department, Eugene, Oregon
1973 ? B.A. University of Oregon Geography Department, Eugene, Oregon
1972 ? A.A. Southwestern Oregon Community College, Coos Bay, Oregon
BAR MEMBERSHIPS:
1994 United States District Court for the District of Columbia
1993 United States Court of Appeals for the District of Columbia Circuit
1993 District of Columbia Court of Appeals
1991 Supreme Court of the United States of America
1984 United States Court of Appeals for the Ninth Circuit
1983 United States District Court for the District of Oregon
Online Civility and Attorneys - Live Webcast Details
Price:
$29.99
Course Description
This course talks about the growing need for civility training and awareness regarding maintaining civility, especially with today's modern online environment. Special attention is paid to the 2Civility program by Illinois and real life examples of civility experiences with an interview of a mediation attorney, Joann Babiak.
Course Agenda
Lawyers Image
Lack of Civility = National Problem
How Prevalent is it?
Illinois Example of Civility in Practice
California Attorney Guidelines of Civility and Professionalism
Civility in the Practice of Law
Ways to Maintain Civility
Advice from Joann Babiak, mediator
SECTION 17 PRIVACY
Why is online civility different?
The Negative Results of Online Harassment
Advice
ATTORNEY'S PLEDGE
Course Credit per State
CT - General: 1.0 Credits VA - General: 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.
Sexual Harassment, Attorneys and Social Media Details
Price:
$19.99
Course Description
Recent events show that the issue of sexual harassment in all
areas, specifically the legal field, needs to be addressed. This
discussion addresses the costs of sexual harassment, how the growth of
social media can create harmful sexual harassment situations and how
attorneys can utilize social media to help fight it.
Course Agenda
Sexual Harassment: The Numbers
The Costs of Harassment
ABA Rule 8.4 (g)
Social Media makes it easier to harass
Yik Yak: A Social Media Harassment Case Study
What can be done?
Can Social Media Help?
Course Credit per State
CA - General: 1.0 Credits CT - General: 1.0 Credits MS - General: 1.0 Credits NC - General: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits UT - Self Study: 1.0 Credits VA - General: 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.
Structuring foreign investment in the U.S. is a hot topic. With lots of money pouring into the U.S. from the BRIC countries a lot of practitioners find themselves representing foreign clients. Representing such clients requires an understanding of U.S. taxation of foreigners and choice of entity. The discussion of U.S. taxation of foreign investment in the U.S. will provide an overview of effectively connected income, FDAP withholding, FIRPTA withholding, treaty application, branch profits tax and residence tests. Particular attention will be devoted to appropriate entity structures, including onshore-offshore hybrid structures.
Course Agenda
Structuring U.S. Inbound Investments
Inbound Taxation Investment Structures for Foreign Investors
Direct investment
LLC or LP
Domestic corporation
Foreign corporation
Foreign corporation - domestic corporation (or U.S. LLC taxed as a corporation
Income Taxation of Inbound Investments
Residence for income tax purposes
Nonresident alien vs U.S. tax resident
U.S. tax residence is determined based on physical presence in the U.S. or immigration status as a green-card holder
Individuals who are U.S. tax residents are taxed on their worldwide income
NRAs and foreign corporations taxed on investment income from U.S. sources and income from a U.S. trade or business
Domestic corporations are taxed on a new quasi-territorial tax system
Inbound Taxation
NRA Tax Rules
Withholding tax on passive income (FDAP)
Ordinary taxation of business income (ECI)
Capital gains, bank interest, portfolio interest
Foreign Investment in Real Property Tax Act of 1980 (FIRPTA)
Branch profits tax
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits NY - General: 1.0 Credits TX - General: 1.0 Credits VA - General: 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.
The unauthorized practice of law, (UPL), is "engaging in the practice of law by persons or entities not authorized to practice law" and the State needs to control who holds themselves out as an attorney to give value to the licensing and ethics control entities such as the Bar Associations and Court systems. Tensions arise when consumers need certain services which they may believe are too costly if performed by a bona fide lawyer or firm. This course outlines those tensions, the balancing factors which certain states have used to address these issues and takes a close look at several situations in which the non-lawyer entities may pose a risk to the public, and where lawsuits have been necessary to limit or curtail these non-lawyer entities.
Course Agenda
What is UPL?
The Wills Crisis and UPL
LegalZoom & UPI
Cases
The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980)
Peters Production, Inc. v. Desnick Broadcasting Company
Ginger v. Cohn (Cite 426 F.2d 1385)
Bay County Bar Association v. Finance System, Inc.
State v. Despain, 319 S.C. 317, 460 S.E.2d 576 (1995),
Franklin v. Chavis, 371 S.C. 527, 640 S.E.2d 873 (2007)
Kone v. Wilson,630 S.E.2d 744, 272 Virginia 59 (2006)
House Counsel
Punishments for Violations: Examples
Conclusions
Course Credit per State
CA - Ethics: 1.0 Credits CT - Ethics: 1.0 Credits GA - Ethics: 1.0 Credits NC - Professional Responsibility: 1.0 Credits NY - Ethics: 1.0 Credits OH - Attorney Professional conduct: 1.0 Credits OK - Legal Ethics: 1.0 Credits UT - 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.
Whistle-Blower Claims: Avoiding the Courthouse Details
Price:
$19.99
Course Description
During this presentation, Fisher Phillips Partner, Jason Geller will discuss, what constitutes retaliation, protecting and defending your company against such claims, whistle-blower protection vs. retaliation claims and creating policies and procedures to minimize problems, claims and lawsuits.
Course Agenda
The rise in whistleblowing and retaliation lawsuits
Important laws protecting employees against retaliation for whistleblowing
Enforcement by governmental agencies
What is ?protected activity? and how to spot it
Effective responses to whistleblowing and ?protected activity?
Why So Much Whistleblowing?
Publicity: Federal and State whistleblowing claims are in the press
Creates liability where none existed!
The Legal Landscape: What We Need to Know - ?Protected Activity?
Wrongful Discharge in Violation of ?Public Policy?
Federal False Claims Act
National Labor Relations Act
State laws protecting whistleblowers
The ?adverse actions? that can cause problems:
The Legal Landscape: What We Need to Know ? ?Adverse Action?
Look Out! Government Agencies Are Involved
EEOC, OSHA, NLRB, SEC State agencies
SEC Whistleblowing Program
SEC/NLRB enforcement:
Defend Trade Secrets Act
Social media policies
Recent wage/hour complaint?
The Best Response: Solid Policies and Practices
Employer complaint procedures
The Best Response: Solid Policies and Practices
Employer?s investigation protocol
Employer?s response to protected activity
Conduct objective and thorough investigation required by the circumstances
Carefully evaluate risks of subsequent discipline to employee
The Best Response: Spot Retaliation ?Red-Flags? And Shut Them Down!
Stricter supervision
New performance issues
Higher standards or expectations
Supervisor complaints to others
Coworkers shun, tease, threaten
Knock, Knock: The Government Is at Your Door on A Whistleblowing Complaint
Gatekeeping when the auditor arrives
Final Questions
Course Credit per State
AZ - General: 1.0 Credits CA - General: 1.0 Credits CT - General: 1.0 Credits FL - General: 1.0 Credits IL - General: 1.0 Credits IN - Distance Education: 1.0 Credits KY - General: 1.0 Credits MO - Self Study: 1.0 Credits MS - General: 1.1 Credits MT - Self Study: 1.0 Credits NY - General: 1.0 Credits OH - Self Study: 1.0 Credits TN - General: 1.1 Credits UT - Self Study: 1.0 Credits VA - General: 1.0 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
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