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Vermont CLE and MCLE Courses

Continuing Legal Education Online Courses with MCLEZ are for Vermont attorneys who want to make the most of their time and money. For as little as $19.99 per course, easily earn Vermont self-study CLE credit through courses which have been produced in a variety of legal subjects that matter to you.

Try a course for free before you make your purchase with our Free CLE program. To easily fulfill all of your allowable online CLE hours, see our Vermont Bundles page under State CLE Bundles.

We provide online continuing legal education courses that have been pre-approved by the Vermont MCLE Board for self-study CLE credit.

Vermont MCLE Board phone # 802-828-3281

Vermont CLE Course Catalog

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Appellate Jurisdiction

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Appellate Jurisdiction Details


Price:
$19.99

Course Description

When a lower court makes a judgment on a case, an attorney must decide whether that judgment is ripe for an immediate appeal. In this course, Mr. Pollis discusses the balancing tests inherent in appellate jurisdiction. When is the need for appellate review more Important than the Interruption of trial-court proceedings? When is the need for appellate review worth the cost to the judicial system of providing it?

In the federal court system, the general rule is that orders entered during the course of a pending case are not appealable until the entire case has been resolved. This principle is commonly known as the "final judgment rule.? Mr. Pollis will discuss the benefits and exceptions of the ?final judgment rule.? Mr. Pollis will also examine how state appellate jurisdiction; especially in Ohio, differ against their Federal counterparts. The course will also examine the intricacies of separating claims in the appeals process and how appellate jurisdiction differs in civil and criminal courts.

Course Agenda

The Balancing Tests Inherent in Appellate Jurisdiction

  • When is it important?
  • Is it worth the cost?
  • Appellate Jurisdiction in Federal Court

  • Overview of Federal Appellate Jurisdiction issues
  • The Final Judgment Rule
  • Benefits of the Final Judgment Rule
  • Exceptions to the Final Judgment Rule
  • State Appellate Jurisdiction

  • Ohio State Appellate Jurisdiction
  • Ohio State Constitution
  • What is a Final Order?
  • R.C. 2505.02
  • Civ.R. 54 (B)
  • "Final Order" vs. "Final Appealable Order"?
  • What is a claim?
  • Applying Rule 54(B): Two-Part Test
  • Final Order in a criminal case
  • Improper appeal
  • Course Credit per State


    AK - Voluntary: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.14 Credits
    IL - General: 1.0 Credits
    MO - Self Study: 1.1 Credits
    ND - Self Study: 1.0 Credits
    NY - General: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WV - General: 1.1 Credits

    Course Presenter(s)

    Andrew Pollis

    Andrew Pollis is certified by the Ohio State Bar Association as an appellate-law specialist. Andrew Pollis joined the faculty of Case Western Reserve University in 2008 as a Visiting Assistant Professor and was appointed as an Assistant Professor effective July 2011.

    Before coming to Case, Andrew Pollis practiced law for 18 years in the litigation department of the Cleveland-based law firm of Hahn Loeser & Parks LLP. In private practice he focused extensively on appellate and general-commercial litigation. He has argued in numerous state and federal appellate courts across the country and has had two cases in the United States Supreme Court. He also has extensive trial experience, amassing verdicts totaling over $560 million since 2003, as well as experience in class-action litigation on the defense side.

      Course Price:
    $19.99
     
     

    Bankruptcy Avoidance Powers

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    Bankruptcy Avoidance Powers Details


    Price:
    $19.99

    Course Description

    This course will discuss the Bankruptcy Trustee's avoidance powers. Avoidance powers are the rights given to the bankruptcy trustee or the debtor in possession to recover certain transfers of property such as preferences or fraudulent transfers or to void liens created before the commencement of a bankruptcy case. The laws governing these avoidance powers are complex and are codified in chapter 5 of the Bankruptcy Code

    .

    Attorney Doug Cortés will first provide an overview of the Bankruptcy code. He will then discuss how Trustee's avoidance powers come into play. The course will explain what constitutes valid preferential transfers and what are considered fraudulent transfers. Mr. Cortés will explain in detail the key statutory defense against these avoidance powers. These defenses include a contemporaneous exchange for new value, determining intent, determining if the payments were made according to the ordinary business affairs of the parties, and establishing new value factors.

    Course Agenda

    Presenter Overview

    What Do Creditors Want From A Debtor In Default?

    Purposes Of Bankruptcy Rush To The Courthouse

    The Bankruptcy Code - 11 U.S.C.

    Bankruptcy Rules

    Adversary Proceedings

    Rules Governing Avoidance Actions

    Avoidance Powers

    Types Of Transactions That May Be Avoided

    Preferential Transfers

    Purposes Of Preference

    Avoidance Powers Under §547

    Elements Of Preference Avoidance

    Burdens Of Proof

    What Is A Transfer?

    Time Of Transfer Antecedent Debt

    Presumption Of Insolvency

    Key Statutory Defenses
    • Contemporaneous Exchange For New Value
    • Proving The Defense
    • Determining Intent
    • New Value
    • Definition Of New Value
    • Ordinary Course Of Business
    Important Fraudulent Transfer Terms And Concepts

    Badges Of Fraud List Of Badges Of Fraud
    • Insolvency Not Required For Actual Intent
    • Constructive Fraud
    • State Law And Ufta Under Section 544
    • Other Possible Longer Reach Back Period
    • Some Statutory Defenses To Fraudulent Transfers

      • Section 548(C): Value And Good Faith Value Good Faith
      • Section 550(B)
      • Section 550(B) Provides Complete Defense
      • Defenses To Claims Brought Pursuant To Section 544
      • Another Possibility: Fiduciary Duty Claims
    The Reference
    • Withdrawal Of The Reference
    • Stern V. Marshal
    • Important Statutes & Opinions Related To ?The Reference?

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.22 Credits
    MO - Self Study: 1.2 Credits
    MT - Self Study: 1.0 Credits
    NY - General: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WA - General: 1.0 Credits
    WV - General: 1.22 Credits

    Course Presenter(s)

    Doug Cortés

    Mr. Doug Cortés received his J.D. from Southern Methodist University (2003) and B.S. from the University of the State of New York (1994). He was an extern and law clerk to the Hon. D. Michael Lynn, U.S. Bankruptcy Judge, N.D.Tex. (2002-04). Doug is a member of the American Bar Association, the American Bankruptcy Institute, and is admitted to practice in the State of Texas and the U.S. Northern and Eastern Districts of Texas. He currently manages his own firm and has served as bankruptcy counsel to Trustees, debtors, secured and unsecured creditors, and creditors? committee. He has also served as a bankruptcy examiner and mediator.

      Course Price:
    $19.99
     
     

    Best Practices for Clear Contract Drafting

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    Best Practices for Clear Contract Drafting Details


    Price:
    $19.99

    Course Description

    Contracts are essential elements for building business relationships. For business to get done, parties to a transaction need to agree on certain essential terms that govern their business relationship. Contracts are the way parties to an agreement define those terms and make promises enforceable under the law. When the stakes are high there can be a tendency to get too technical and too verbose. This can often introduce more mistakes rather than prevent them. Ambiguity in contracts will often lead to conflict and ultimately litigation.

    This course discusses how to avoid ambiguity by following best practices for clear contract drafting. Ms. Carolyn Seymour discusses how to achieve brevity and clarity in order to make the contract as end-user friendly as possible and remove uncertainty in the document. Ms. Seymour will address best practices to avoid legalese, how to recognize and correct linguistic ambiguity and provide proper techniques to draft dates and numbers in contracts. The course will also examine the pitfalls of passive voice in contract drafting and how to achieve simplicity in drafting through good organization, eliminating wordiness, and the use of lists.

    Course Agenda

    Primary Goals of Drafting Contracts

  • Brevity
  • Clarity
  • Making the document user-friendly
  • Brevity in Drafting

  • Eliminating wordiness
  • Compound prepositions
  • Word wasting idioms
  • Order in organization
  • Use of Lists
  • Clarity in Drafting

  • Recognizing & correcting linguistic ambiguity
  • Avoiding Legalese
  • Dangling modifiers
  • Change of language
  • Combined persons & actions
  • Best practices
  • Best Practices: Use of Drafting Tools

  • Covenants
  • Language selection
  • Inanimate covenants
  • Non-party covenants
  • Rights Representations
  • Word selection
  • Declarations
  • Declarations vs. Representations
  • Drafting Dates and Numbers
  • Word selection
  • Course Credit per State


    AK - Voluntary: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.24 Credits
    MO - Self Study: 1.2 Credits
    MT - Self Study: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NY - General: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WV - General: 1.2 Credits

    Course Presenter(s)

    Carolyn Seymour

    Carolyn Seymour practiced law for almost 20 years before coming to the law school to teach legal writing in 2004. Professor Seymour began her legal career at Squire, Sanders & Dempsey L.L.P., where she was an associate for five years before joining Duvin, Cahn & Hutton in 1990. As an employment litigator, she specialized in sexual harassment and disability discrimination issues. In 1995, she became in-house counsel for BFGoodrich-Aerospace, another position she held for five years before returning to Duvin as a partner in 2000. She received her B.A. (1982) from Colgate and her J.D. (1985) from University of Michigan.

      Course Price:
    $19.99
     
     

    Computer Security for Todays Law Office

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    Computer Security for Todays Law Office Details


    Price:
    $34.99

    Course Description

    Most attorneys and law offices are aware of the electronic threats that face them, their information and their clients? information. However, most attorneys, and their staffs, are unsure of what to do about these threats and risks. This program provides an understanding of the sources of these threats, how they work, and what can be done in the event that security is, indeed, breached. Most importantly, this presentation provides concrete steps on how to implement an effective, proactive plan on how to prevent and avoid these security problems.

    Course Agenda

    • Virus types
    • How viruses work
    • The relationship between virus protection and firewalls
    • Virus Protection
    • Secure Email
    • Workstation Security
    • Firewalls
    • Internet & Email Security Policies
    • What is the risk?
    • Security threat sources
    • What to look for in your security system
    • What to do if you encounter a security problem
    • Formulating a plan for a secure system
    • Future challenges to computer security for law offices

    Course Credit per State


    AK - Voluntary: 2.0 Credits
    AL - On-Demand: 2.0 Credits
    AZ - General: 2.0 Credits
    CA - General: 2.0 Credits
    CO - General: 2.5 Credits
    FL - Technology: 2.5 Credits
    IL - General: 2.0 Credits
    MO - Self Study: 2.48 Credits
    MT - Self Study: 2.0 Credits
    ND - Self Study: 2.0 Credits
    NY - General: 2.0 Credits
    PA - Distance Learning: 2.0 Credits
    TN - General: 2.07 Credits
    VT - Self Study: 2.0 Credits
    WA - General: 2.0 Credits
    WV - General: 2.48 Credits

    Course Presenter(s)

    Russell Jackman, Esq.

    Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.

      Course Price:
    $34.99
     
     

    Detecting, Investigating and Documenting Fraud - Part 1

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    Detecting, Investigating and Documenting Fraud - Part 1 Details


    Price:
    $19.99

    Course Description

    Corporate securities fraud has cost both large institutional investors and retail traders billions of dollars annually. Through manipulation of financial documents, misuse of corporate accounts, and publishing fraudulent statements, companies like Enron and WorldCom have left investors with massive losses. The primary way investors can seek relief for corporate fraud is through private securities litigation. This process can be expensive and take many years to go through the appellate process.

    This course will examine the current statutes and case law that surround private securities litigation. How has the Private Securities Litigation Reform Act affected the ability of Plaintiff?s attorneys to successfully prove fraud? Attorney Christopher Seefer will discuss the critical steps to take when preparing for a private security lawsuit. Mr. Seefer will explain techniques to lift a stay of discovery. He will explain the challenges of pleading scienter. The course will conclude with a discussion on the importance of collective analysis and the various types of information that is essential to properly pleading a fraud case. Throughout the presentation of the course, various case studies will be brought up to illustrate key points of the presentation.

    Course Agenda

    Overview

  • Discovery: private securities litigation vs. regulatory investigations
  • Essentials elements to investigate corporate fraud Increases instability
  • Strategies to successfully plead a fraud case
  • Discovery: Private Sec. Litigation Vs. Regulatory Investigations

  • Access to private corporate documents and communication
    • Govt. Example: Office of Thrift Supervision (OTS)
      • Power to service subpoenas and subpoenas duces tecum
    • Private parties
      • Attorneys and law firms have no subpoena powers
  • Case Study: Charles Keating
  • Case Study: Mortgage Crisis
  • SEC RULE 10B-5

  • Employment of Manipulative and Deceptive Practices
  • Elements of the offense
    • Manipulation or Deception
    • Materiality
    • "In Connection With" the purchase or sale of securities
    • Scienter
    • Additional burden for private plaintiffs
      • Standing
      • Reliance
      • Loss Causation
      • Damages
  • Case Study: Janus Capital Group
  • Case Study: Matrixx
  • Case Study: National Australia Bank LTD.
  • Fraud In The Market

  • The defendant has to make a publicly fraudulent statement
  • Every investor could then sue if it could be shown that the statement affected the market as a whole
  • The Private Securities Litigation Reform Act of 1995

  • Safe Harbor for Forward-Looking Information
  • Limitations on Joint and Several Liability
  • Increased Pleading and Proof Requirements
  • Limitation on Damages
  • Class Action Procedural Reforms
  • Enhanced Attorney Sanction Provisions
  • RICO Amendment Eliminating Sanctions Claims
  • Auditor Duty Regarding Financial Fraud
  • Additional SEC Rulemaking Authority
  • Steps for Investigating Fraud

  • Collection and organization of all public information
  • Prepare a financial trend analysis
  • Review daily stock prices changes
  • Determine existence of other proceedings
  • Consider motive
  • How to Lift Stay of Discovery

  • Case study: Verfone Holdings
  • Pleading Scienter

  • Federal Rules of Civil Procedure 9(B)
  • The Private Securities Litigation Reform Act (PSLRA)
  • Case Study: Tellabs
  • Pleading a Fraud Case

  • Insider selling
  • Executive compensation
  • Executive termination
  • Restatements and GAAP violations
  • Find former employees
  • Case Study: Northwest Pipe Company
  • Case Study: Yahoo!
  • Course Credit per State


    AK - Voluntary: 1.25 Credits
    CA - General: 1.25 Credits
    CO - General: 1.38 Credits
    MO - Self Study: 1.4 Credits
    ND - Self Study: 1.25 Credits
    NY - General: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WV - General: 1.4 Credits

    Course Presenter(s)

    Christopher P. Seefer

    Christopher P. Seefer earned his Bachelor of Arts degree and his Master of Business Administration degree from the University of California, Berkeley. Mr. Seefer earned his Juris Doctor degree from the Golden Gate University School of Law in 1998.

    Mr. Seefer concentrates his practice in securities class action litigation, including cases against Verisign, UTStarcom, VeriFone, Nash Finch, NextCard, Terayon and America West. Mr. Seefer was a Fraud Investigator with the Office of Thrift Supervision, Department of the Treasury (1990-1999) and a field examiner with the Office of Thrift Supervision (1986-1990).

      Course Price:
    $19.99
     
     

    Detecting, Investigating and Documenting Fraud - Part 2

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    Detecting, Investigating and Documenting Fraud - Part 2 Details


    Price:
    $19.99

    Course Description

    The Savings and Loans Crisis in the late 1980s and the recent Mortgage Crisis of the last decade were both exacerbated by widespread corporate fraud. Through manipulation of financial documents and publishing fraudulent statements, companies like Countrywide Financial have left investors with massive losses. Could the fraud have been detected earlier? Was there a clear paper trail for investigators to follow?

    This course will examine how corporate fraud in both financial crises followed the same formula. Mr. Bill Black will discuss the key elements of the accounting fraud formula. The formula's key elements are high rate of growth over a short period of time, risky loans with premium yields, an extreme level of leverage, and extremely low reserves. Mr. Black will go into detail how financial institutions involved in the mortgage crisis used the accounting fraud formula to enrich their top executives. The presentation will list fraud red flags that appeared before the crisis and examine the paper trail that finally exposed the extent of the mortgage fraud. The course explores how collateral debt obligations played their part in hiding the fraud from investors and regulators. Mr. Black will end the presentation on a discussion on how the "chain of lying" that began with fraudulent loan applications led to a betrayal of trust between lending institutions and ultimately resulted in the total seizure of the credit markets.

    Course Agenda

    Overview

  • What made the S&L Crisis different?
  • Deregulation and the competition for laxity in the states
  • Unintended consequences
  • Garn-St. Germain Depository Institutions Act
  • Control Fraud

  • Accounting Fraud Formula
    • Incredible growth
    • Risky loans with premium yields
    • Extreme levels of leverage
    • Trivial reserves
  • Weapon of Choice: GAAP
    • What is GAAP?
  • George Akerlof
    • Executives will loot under certain conditions
  • Fraud Red Flags
    • Extraordinary profits in a short time
    • Extraordinary compensation for the top executives
    • Adherence to accounting fraud formula
  • Case Study: Enron
  • The Mortgage Crisis

  • Short Cut to Growth
    • How do you grow in a mature market?
    • How do you increase profit while expanding?
    • How do you create effective demand?
  • Formula For Fraud
    • Increase demand by pursuing riskier borrowers
      • Low credit scores
      • Undocumented income
      • Unsophisticated borrowers
    • Created new categories of loans
      • Sub-prime
      • Alt-A
    • Collateralized Debt Obligations
      • The securitization process
      • The risk review standards
    • The Markers of Fraud
      • Liar Loans
      • Stated Income loans and foreclosure rates
  • SEC Rule 10B-5
  • 2004 FBI Warning: Chris Swecker
  • Course Credit per State


    AK - Voluntary: 0.75 Credits
    CA - General: 0.75 Credits
    CO - General: 1.0 Credits
    MO - Self Study: 1.0 Credits
    ND - Self Study: 0.75 Credits
    NY - General: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WV - General: 1.0 Credits

    Course Presenter(s)

    Bill K. Black

    Bill K. Black is an Associate Professor of Economics and Law at the University of Missouri ? Kansas City (UMKC). He was the Executive Director of the Institute for Fraud Prevention from 2005-2007.

    Black was litigation director for the Federal Home Loan Bank Board (FHLBB) from 1984 to 1986, deputy director of the Federal Savings and Loan Insurance Corporation (FSLIC) in 1987, and Senior VP and the General Counsel of the Federal Home Loan Bank of San Francisco from 1987 to 1989, which regulated some of the largest thrift banks in the U.S.

      Course Price:
    $19.99
     
     

    Digital Currencies, Bitcoin and the Law

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    Digital Currencies, Bitcoin and the Law Details


    Price:
    $19.99

    Course Description

    What will money look like in the future? With the use of digital currencies like Bitcoin on the rise, it is important to gain an understanding of how these new digital currencies work. In this course, attorney Deborah Gonzalez will explain what these digital currencies are, why they were created, and how they are affecting the world today, as well as cover some of the major legal issues that have surrounded their use. Deborah will discuss the main concerns, as well as what is being done to combat the concerns that people have about adopting these new digital currencies.

    Course Agenda

    History of Money
    • The Context
    • Definition of Money History of Money History of Money Legalities Money v. Wealth
    Money 2.0
      Creation of Value Storage of Value Virtual Currencies Digital Currency Bitcoin Altcoins Q&A Session

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.2 Credits
      FL - General: 1.0 Credits
      MO - Self Study: 1.4 Credits
      NY - General: 1.0 Credits
      VT - Self Study: 1.0 Credits
      WV - General: 1.22 Credits

      Course Presenter(s)

      Deborah Gonzalez

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

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

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

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

        Course Price:
      $19.99
       
       

      Ethics & Entertainment: Should the Show Go On

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      Ethics & Entertainment: Should the Show Go On Details


      Price:
      $19.99

      Course Description

      This one-hour course will cover legal ethics in the entertainment industry. Deborah Gonzalez will begin by examining the differences between values and ethics, explaining how one can be enforced, while the other cannot. Ms. Gonzalez will then discuss a handful of cases of ethical misconduct in the entertainment industry, which ultimately resulted in the disbarment of the attorneys involved.

      Course Agenda

      Ethics v Values
      • Values = Personal Beliefs
      • Ethics = Conduct
      Specific Ethical Issues
      • Professional Conduct
      • Responsibility
      • Competency
      • Client-Attorney Relationship
      • Confidentiality Model Rule 1.6
      • Trial Publicity
      • Legal Advertising
      • Unauthorized Practice of Law

      Course Credit per State


      AZ - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - Ethics: 1.2 Credits
      FL - Ethics: 1.0 Credits
      NY - Ethics: 1.0 Credits
      VT - Ethics: 1.0 Credits
      WV - Ethics: 1.2 Credits

      Course Presenter(s)

      Deborah Gonzalez

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

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

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

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

        Course Price:
      $19.99
       
       

      Hot Topics in Social Media Law

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      Hot Topics in Social Media Law Details


      Price:
      $34.99

      Course Description

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

      Course Agenda

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

      What Is Social Media

      ABA?s 20/20 Commission

      FTC.Gov Online Advertising Disclosure

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

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

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

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

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

      Course Credit per State


      AK - Voluntary: 2.0 Credits
      AL - On-Demand: 2.0 Credits
      AZ - General: 2.0 Credits
      CA - General: 2.0 Credits
      CO - General: 2.4 Credits
      FL - General: 2.5 Credits
      MO - Self Study: 2.42 Credits
      MT - Self Study: 2.0 Credits
      ND - Self Study: 2.0 Credits
      NY - General: 2.0 Credits
      TN - General: 2.02 Credits
      VT - Self Study: 2.0 Credits
      WA - General: 2.0 Credits
      WV - General: 2.42 Credits

      Course Presenter(s)

      Francine Denise Ward

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

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

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

        Course Price:
      $34.99
       
       

      IT 4 The JD

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      IT 4 The JD Details


      Price:
      $19.99

      Course Description

      This program offers to the legal professional a treasure trove of Information Technology tips, tricks and advice on how to upgrade your law office, legal department or legal assistant practice and get the most out of your (limited) technology budget!

      Course Agenda

      • What sort of system stats you should be looking for when upgrading your system
        • Is it time to upgrade?
        • What are some of the costs?
        • What should I make sure to upgrade/keep in place?
      • Working with Windows 8
      • Antivirus & Firewalls, computer security & safety
      • Cloud computing
      • Backups
      • Discussions about case management systems
      • Trends & Fads: where are we headed with IT in the near future!

      This program is ideal for the solo practitioner, paralegal/legal assistant, small office or even mid-sized office that wants to review their technology in an unbiased, non-sales environment! Mr. Jackman has been providing technology consulting solutions to law offices since 1999, so take advantage of this session to find out what you need to be on the cutting edge of today?s technology!

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AL - On-Demand: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.3 Credits
      FL - Technology: 1.0 Credits
      MO - Self Study: 1.26 Credits
      MT - Self Study: 1.0 Credits
      ND - Self Study: 1.0 Credits
      NH - General: 1.0 Credits
      NY - General: 1.0 Credits
      PA - Distance Learning: 1.0 Credits
      TN - General: 1.05 Credits
      VT - Self Study: 1.0 Credits
      WA - General: 1.0 Credits
      WV - General: 1.26 Credits

      Course Presenter(s)

      Russell Jackman, Esq.

      Russell Jackman, Esq. is owner of Calmputer Consulting Services in Marin County, California. He is a Past President of the California State Bar's Law Practice Management and Technology Section.

        Course Price:
      $19.99
       
       

      Judicial Disqualifications and Social Media

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      Judicial Disqualifications and Social Media Details


      Price:
      $19.99

      Course Description

      Social media is often designed to encourage informal communication and sharing of personal views and opinions. The nature of social media also often leads to a blurring of the distinction between public and private life. As more judges adopt social media as a new platform to socialize with friends, family, and colleagues, they will have to be more vigilant than ever to ensure that they do not compromise their ethical obligations.

      In this program, attorney Deborah Gonzalez discusses the evolving relationship between the judiciary, ethics and social media. How should judges behave and whom should judges interact with on Facebook or LinkedIn? The course will address the standards for judicial recusal and explain state and federal statutes related to judicial disqualification. Ms. Gonzalez will explore how social media has affected the way judges interact with constituents, peers, and lawyers. She will provide commentary on recent state and ABA (Opinion 462) ethical opinions related to social media and the judiciary. The course will also examine three recent case studies involving judicial disqualification and social media. Ms. Gonzalez will then end the presentation by discussing critical considerations for lawyers when the possibility of judicial disqualification is presented at trial.

      Course Agenda

      The Judiciary and Social Media

    • Should judges use social media?
    • Judges and social media statistics
    • Recusal vs. Disqualification

    • Recusal definition
    • Disqualification definition
    • What is the standard for disqualification?

    • Reasonable doubt
    • Objective appearance
    • Evidence of bias
    • Federal and State Judicial Disqualification Statutes

    • 28 U.S.C.A. § 144
    • 28 U.S.C.A. § 455
    • State judicial codes of conduct
    • Legal Ethics and Social Media

    • The blurring of public and private life
    • Text is not tonal
    • Anonymity is not guaranteed
    • Control of online content is not guaranteed
    • Model Code of Judicial Conduct

    • Rule 1.2, Promoting Confidence in the Judiciary
    • Rule 2.9, Ex Parte Communications
    • Rule 2.11, Disqualification
    • Rule 3.10, Practice of Law
    • State Ethic Committee Opinions

    • California Advisory Opinion 66 (2010)
    • Kentucky Advisory Opinion JE-119 (2010)
    • Maryland Advisory Opinion 2012
    • Massachusetts Advisory Opinion 2011-6
    • New York Advisory Opinion 08-176
    • Ohio Advisory Opinion 2010-7
    • Oklahoma Advisory Opinion 2011-3
    • South Carolina Advisory Opinion 17-2009
    • Florida Advisory Opinion 2009-20
    • Florida Advisory Opinion 2010-6
    • Florida Advisory Opinion 2012-12
    • ABA Formal Opinion 462

    • Judge?s Use of Electronic Social Networking Media
    • Precautions for judges or judicial candidates running for election
    • Case Studies

    • United States v. Isaacs
    • Hollister v. Soetoro
    • Domville v. State
    • Disqualification considerations

    • Critical decision in all cases
    • Should not be part of an overall trial strategy
    • Abuse of recusal requests
    • Best practices
    • Course Credit per State


      AK - Ethics: 1.25 Credits
      AZ - Ethics: 1.25 Credits
      CA - Ethics: 1.25 Credits
      CO - Ethics: 1.52 Credits
      FL - Ethics: 1.5 Credits
      ND - Ethics: 1.25 Credits
      NY - Ethics: 1.5 Credits
      VT - Ethics: 1.25 Credits
      WA - Ethics: 1.25 Credits
      WV - Ethics: 1.5 Credits

      Course Presenter(s)

      Deborah Gonzalez

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

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

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

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

        Course Price:
      $19.99
       
       

      Lawyers as Board Members

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      Lawyers as Board Members Details


      Price:
      $19.99

      Course Description

      For attorneys, being asked to serve on the board of directors for both for-profit and non-profit organizations can be a great honor, however the position brings a unique set of ethical and professional challenges. In this course, attorney Deborah Gonzalez will examine the challenges involved in this dual role as attorney and board member, the ethical concerns and consequences of their relationships, and the best practices attorneys should undertake to avoid conflicts of interest and other adverse events.

      The course starts with the reasons to accept an offer as a board member. Why would an attorney consider this invitation and what are the organization's motive? The course will then address the dual responsibility as attorney and board member. Ms. Gonzalez will discuss ethical issues arising from this dual responsibility such as conflict of interest, privileged information and reporting wrong doing, The course will explore how the Sarbanes-Oxley Act will affect attorney's relationship with the organization and what is the proper compensation standard relating to this dual role. The course will end with a presentation of best practices to avoid ethical pitfalls and the protections that attorney can seek if their actions (in the capacity of lawyer and board member) are cause of litigation.

      Course Agenda

      Overview

    • The honor of being selected
    • Dual roles
    • Concerns
    • Consequences
    • Protections
    • Best Practices
    • The Honor of Being Asked to Serve

    • Benefits to the lawyer
      • Prestige
      • Community service
      • Solidifies client relationship
      • ABA Model Rule 6.1
    • Benefits to the organization
      • Adds credibility
      • Brings essential expertise
      • Free legal services

      Dual Roles

    • Duties of a Legal Advisor
      • Provides competence
      • Maintains confidentiality
      • Maintains strict code of professionalism
    • When does the attorney-client relationship exist?
    • ABA Model Rule 1.13
    • Scope of the attorney's representation
    • Concerns

    • Conflict of interest
    • Privileged communication
    • Reporting wrong-doing
    • Sarbanes-Oxley Act
    • Compensation
    • Conflicts of Interest

    • ABA Model Rule 1.7
    • State Bar & ethics opinions
    • Law firm policies
    • Privileged Communication

    • ABA Formal Opinion 98-410
    • Difference between business and legal advice
    • Best practices
    • Reporting Wrong-doing

    • ABA Model Rule 1.13
    • Case Studies
    • Compensation

    • Non-profit organizations
      • U.S. Tax Code
      • Double-dipping issues
    • Association of the Bar of the City of NY
      • NY City 1988-5

      Consequences

    • Loss of confidentiality
    • Loss of potential clients
    • Personal financial liability
    • Disbarment
    • Protections

    • ABA Model Nonprofit Corporation Act (3d ed.)
    • Directors & Officers Insurance
    • Professional liability insurance
    • Best Practices

    • Proceed cautiously
    • Read organization?s documents
      • By-laws, codes of conduct
      • Director commitment agreement
    • Robert's Rule of Order
    • When to recuse yourself
    • When to decline representation
    • Open communication with other board members
    • Course Credit per State


      AK - Ethics: 1.0 Credits
      AZ - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - Ethics: 1.32 Credits
      FL - Ethics: 1.5 Credits
      MT - Self Study: 1.0 Credits
      ND - Ethics: 1.0 Credits
      NY - Ethics: 1.0 Credits
      VT - Ethics: 1.0 Credits
      WA - Ethics: 1.0 Credits
      WV - Ethics: 1.3 Credits

      Course Presenter(s)

      Deborah Gonzalez

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

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

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

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

        Course Price:
      $19.99
       
       

      Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence

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      Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence Details


      Price:
      $19.99

      Course Description

      The California State Bar has recently added important new components to the required course previously known as "Prevention, Detection and Treatment of Substance Abuse and Emotional Distress." The new definition of this course, "Prevention, Detection and Treatment of Mental or Physical Issues that Impair a Member's Ability to Perform Legal Services with Competence," reflects the need to consider the bigger picture of the pressures which lawyers face on a daily basis in their practices, as well as the physical and mental issues which may impair competence, such as depression, age and natural cognitive decline.

      In this HD Video program attorney Steven A. Nielsen focuses on the mental changes that occur over a career. The normal aging process results in cognitive decline, and Mr. Nielsen suggests that a colleague or two keep tabs on each other, including those at large law firms. He discusses the presence of dementia and what to do should it arise, and provides links to resources on how to sell or close a practice should this occur. Other simple tips include the use of a lawyer's skills as a problem solver to help neural plasticity and memory, such as playing bridge, crossword puzzles and hobbies, physical activity in the office as well as outside and an improved diet. He also takes aim at the rise of constant electronic messages or other electronic interruptions and the damage this can have, and suggests how "Interruption Management" can help effectiveness and productivity. Mr. Nielsen's remedies and tips offered are not extreme, but are important as they can be easily implemented. This program will help attorneys improve the efficiency and enjoyment of their practices and increase awareness of cognitive issues and possible diminution of competence.

      Course Agenda

      What are we going to learn?

      • Genesis of MCLE Requirement
      • Substance Abuse? Been there, done that..
      • Depression ? A Kingpin of Disaster
      • The New ?Other? Categories of Impairment
      • Mental Issues
      • Physical Issues
      • What can we do? Prevention/Detection/Treatment

      Why Are We Here Today?

      • To Keep our License to Practice Law
      • To Consider Ways to Live Life to the Fullest and to Consider Ourselves as a Whole
      • Avoid ?Junk Science? and figure out the state of the art
      • Consider the bigger picture as now encouraged in Rules of the State Bar of California Title 2. Division 2.

      Division 2. Rights and Responsibilities of Members

      Substance Abuse

      • What can we add?
      • How does it start?
      • Detection
      • Treatment?

      Mental Impairment ? Mental illness

      Depression ? Kingpin of Impairment?

      Depression ? Effect on the New Other Issues

      Prevention/Detection/Treatment

      Mental Issues

      Age ? The Great Thief

      Dementia Happens

      When Dementia Happens

      Avoid ?natural? cognitive decline

      Avoid Negative Mental Conditioning

      Twitch and Click will change your brain

      Constant interruptions are a mental impairment

      Stop Interruptions to decrease mistakes

      Old World / Kaiser Focus

      Are you as focused as a Kaiser worker?

      Our mind does not want to go back to work after an interruption

      What was focus in the Old World

      Consider Interruption Management

      Prevention/Detection/Treatment

      Physical issues that impair

      Sitting is the new smoking

      Improved eating and activity does not need to be extreme

      Course Credit per State


      AK - : 1.0 Credits
      AZ - : 1.0 Credits
      CA - Competence Issues: 1.0 Credits
      CO - : 1.2 Credits
      FL - Mental Illness: 1.0 Credits
      IL - : 1.0 Credits
      MO - Self Study: 1.22 Credits
      MT - : 1.0 Credits
      NC - : 1.0 Credits
      ND - : 1.0 Credits
      NY - General: 1.0 Credits
      PA - : 1.0 Credits
      VT - Self Study: 1.0 Credits
      WA - : 1.0 Credits
      WV - Ethics: 1.22 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
       
       

      Recent Developments in Patent Law

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      Recent Developments in Patent Law Details


      Price:
      $19.99

      Course Description

      Patent trends are not only of interest to registered patent attorneys. While only registered patent attorneys may file patent applications for others, ANY attorney may try a patent case: In addition, patents are in the news on a daily basis, and those who are knowledgeable can better serve existing clientele and attract new clients. In this program, Mr. Nielsen reviews the recent flurry of important new laws and cases and discusses and their potential impact in the years ahead.

      Course Agenda

      • First to File vs. First to Invent under the New AIA Act
      • The Death of Means Plus Function Claim Limitations
      • Doctrine of Claim Equivalents On the Rise to Expand Patent Liability
      • Do Patent Trolls or Non Practicing Entities Create a Valuable Secondary Market for Patents?
      • Filing Patent Applications in Other Countries Introduction and Overview and Patent Trends
      • The America Invents Act: Amends 35 USC et seq. ?First to File.? Other AIA Highlights
      • The Death of Means plus Function Claim Limitations: 35 USC Sec. 112(f)
      • Doctrine of Claim Equivalents On the Rise to Expand Patent Liability: 50% Reversal Rate of District Court
      • Do Patent Trolls or Non Practicing Entities Create a Valuable Secondary Market for Patents?
      • Filing Patent Applications in Other Countries: Strategies and Costs: Placeholders, WIPO, Patent Cooperation Treaty (PCT), European Patent Office (EPO)
      • Practice Pointers plus Q&A ? Why some claims are rejected, know the rules and how the system works to avoid rejection. Tips for clients.

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.2 Credits
      FL - General: 1.0 Credits
      MO - Self Study: 1.2 Credits
      MT - Self Study: 1.0 Credits
      ND - Self Study: 1.0 Credits
      NY - General: 1.0 Credits
      VT - Self Study: 1.0 Credits
      WA - General: 1.0 Credits
      WV - General: 1.2 Credits

      Course Presenter(s)

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

      Reduce Bias with Better Decision Making

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      Reduce Bias with Better Decision Making Details


      Price:
      $19.99

      Course Description

      In this course, attorney David Graulich will discuss ways to reduce bias with better decision making. David will begin by explaining what bias is, and how bias in the legal profession affects society. He will discuss Title VII of the Civil Rights Act of 1964, which is the primary anti-bias weapon in the federal arena. Mr. Graulich will then talk about ways to "debias", as well as rules that have been put into place in order to eliminate bias in the legal profession. He will then explain what modern research tells us about bias. In this section, David will discuss logic v. emotion and he will cover two systems that we all utilize when we strive to make a decision, the "Automatic System" and the "Reflective System". David will finish by explaining how to apply what was learned during the course to the practice of law.

      Course Agenda

      I. BACKGROUND: BIAS IN OUR PROFESSION
      • What is Bias?
      • Explicit v. Implicit Bias
      • Title VII (1964)
      • 28 U.S.C.A § 144 - Bias or Prejudice of Judge
      • "Ways to Debias"
      • Age Grading
      • From Whence Come the Justices?
      II. WHAT MODERN RESEARCH TELLS US ABOUT BIAS
      • Our First "Blink"
      • Bias = Here, There and Everywhere
      • Benevolent Bias
      • Logic v. Emotion
      • System One v. System Two
      • Instinctive Thinking
      • "Black Swan" Fallacy
      • Judges ALL Believe in Their Objectivity
      III. APPLYING WHAT WE'VE LEARNED TO THE PRACTICE OF LAW
      • Logical Fallacy: Small Sample
      • Another Look at Sampling
      • How to Do Better
      • Be a Discerning Wary Consumer of Media
      • Overcoming Bias when Making Decisions About Clients
      • Occupational Stereotypes
      • Bias During Voir Dire
      • "I Wanted a Biased Jury"
      • Don't Use Racial Stereotypes

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - Elimination of Bias: 1.0 Credits
      CO - General: 1.2 Credits
      FL - General: 1.0 Credits
      MO - Self Study: 1.0 Credits
      NY - General: 1.0 Credits
      PA - Distance Learning: 1.0 Credits
      VT - Self Study: 1.0 Credits
      WV - Office Management: 1.2 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
       
       

      Social Media and the Law

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      Social Media and the Law Details


      Price:
      $19.99

      Course Description

      Social media sites such as Facebook, Twitter and LinkedIn have revolutionized how consumers and companies interact with each other. Social media has become a powerful business tool for marketing products and services and building brand awareness and value. Such powerful tools; however do not come without legal risks to businesses.

      This course will examine the legal pitfalls and challenges of using social media for businesses and organizations. Mr. Jeremy Floyd will explore how U.S. copyright law interacts within the social media landscape. He will discuss how organizations stumble into defamation and privacy intrusion issues with social media. The course will look at how social media has affected business torts and employment law and present case studies involving the Red Cross, Kitchen Aid, and Chrysler. Lastly, Mr. Floyd will present how companies can properly create an effective social media policy to avoid civil suits from the public, their business partners and their own employees.

      Course Agenda

      Copyright: USC Title 17

    • Overview
    • Copyright protection
    • Enforcement
      • Request for removal notice
      • Cease and desist notice
    • Linking v. lifting
      • Best practices
    • License
      • Types of copyright licenses
      • Fair Use

      Defamation

    • Elements of defamation
    • Case Study: Pizza Kitchen
    • Slander and Libel
    • Vicarious liability
    • Disclosure of Information and Terms of Agreement

    • FTC's social media regulations
    • Privacy

    • Elements of privacy intrusion
      • Victim definition
      • Violator definition
      • Emotional anguish and suffering
      • Damages
      • Expectations of privacy

      Parties to Lawsuit

    • Discovery aspect in social media
    • Case Study: PhoneDog v. Kravitz
    • Business Torts

    • Definition
    • Social media and torts
    • Social Media and Sexual Harassment

    • Overview
    • Liability for Blog Comments

    • Who is liable?
    • Employment

    • Title VII
    • Social media and hiring practices
    • Liability issues
    • Social media and the workplace
      • Rules and regulations

      Contribute with Care - Issues with Tweets from company accounts

    • Case Study: KitcheAid
    • Case Study: American Red Cross
    • Case Study: Flying Saucer Austin
    • Case Study: Chrysler
    • Policy

    • Creating a company policy on social media
      • Team built
      • Following industry guidelines
      • Trade secrets
      • Guidelines vs. policy
      • Legal Review
      • Effective policy lifecycle
    • Policy elements
      • Employee agreement
      • Authorized company media representatives
      • Social media engagement rules for staffing

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.08 Credits
      MO - Self Study: 1.1 Credits
      ND - Self Study: 1.0 Credits
      NY - General: 1.0 Credits
      VT - Self Study: 1.0 Credits
      WV - General: 1.1 Credits

      Course Presenter(s)

      Jeremy Floyd

      Jeremy Floyd is president of Bluegill Creative, a marketing and communications firm located in Knoxville, Tennessee. Mr. Floyd works with clients to explore out-of-the-box ideas and problem solving strategies across the enterprise with a unique perspective on how technology can be used to better achieve business objectives. In addition to managing Bluegill Creative, Mr. Floyd is also an adjunct professor for the University of Tennessee Chattanooga MBA program teaching digital strategies and social media.

      Mr. Floyd is licensed to practice law in the State of Tennessee and holds a law degree from the University of Tennessee College of Law and a Bachelor of Arts degree from MTSU in English and Philosophy.

        Course Price:
      $19.99
       
       

      Social Media, Digital Legacy & Digital Immortality

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      Social Media, Digital Legacy & Digital Immortality Details


      Price:
      $19.99

      Course Description

      What happens to one's digital assets after their death? Who acquires ownership? Are digital assets like photos and Facebook accounts considered real property? How can attorneys prepare their clients in case of their untimely passing? For many states across America, these basic legal questions have no clear answers.

      In this course, attorney Deborah Gonzalez presents an overview of new legal concerns regarding digital asset management and protection in an era of increasing online transactions and decreasing hard copy paper trails. Ms. Gonzalez will examine such topics as "the power of dead hands" in US estate planning law and digital death issues. The course will discuss digital asset management for both personal & corporate accounts, digital legacy plans and digital contingency plans. Ms. Gonzalez will explain best practices to ensure social media accounts and other digital assets are passed onto to the proper legal parties. The session ends with a discussion on the possibility of digital immortality and its effects on our legal system and how clients? financial and property concerns can be properly addressed.

      Course Agenda

      Overview

    • Death
    • The power of dead hands
    • Digital Asset management
    • Digital immortality
    • Scenarios

    • Three stories of death and digital assets
    • Death

    • Death is inevitable
    • Power of Dead Hands

    • Death and assets
    • Public Interest
      • Law of perpetuities
      • Public good and morality issues

      Digital Death

    • What happens online when you die?
    • Digital Asset Management (Personal)

    • Social media accounts
    • Blog posts
    • Online subscriptions and photo collections
    • Size of personal digital assets
    • Digital Asset Management (Corporate)

    • Internal assets
    • External assets
    • Account access policy
    • Digital Asset Types

    • Personal
      • Online commercial assets
      • Adult content
      • Banking & financial accounts
      • Computers and other tech devices
      • Social media accounts
      • Online bill pay
      • Shared accounts
      • Voice mail
    • Commercial
      • Financial accounts
      • Client accounts
      • Employee email
      • Human Resource systems
      • Procurement/Vendor accounts
      • Business social media accounts

      Digital Legacy Plans (Personal)

    • The costs of not having a strategy
    • Organization and record keeping
    • Digital Contingency Plans (Corporate)

    • Case Study: Delta Airlines
    • Case Study: Facebook
    • Case Study: Twitter
    • Digital Legacy Plan

    • Digital Executor
    • Legal status of online property
    • Best practices
    • Additional Resources

    • "Your Digital Afterlife"
    • Q&A

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - UNKOWN TYPE (4938): 1.26 Credits
      MO - Self Study: 1.3 Credits
      ND - Self Study: 1.0 Credits
      NY - General: 1.0 Credits
      VT - Self Study: 1.0 Credits
      WA - General: 1.0 Credits
      WV - General: 1.3 Credits

      Course Presenter(s)

      Deborah Gonzalez

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

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

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

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

        Course Price:
      $19.99
       
       

      Straight Talk: Social Media Ethics and Attorneys

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      Straight Talk: Social Media Ethics and Attorneys Details


      Price:
      $19.99

      Course Description

      This one-hour course will begin with an explanation of why it?s important for attorneys to understand social media and how they can avoid the ethical issues that can arise from the misuse or misunderstanding of social media networks. Deborah Gonzalez will explain how Individuals have lost jobs, been disbarred, been disciplined, lost cases, lost clients, lost money, lost their reputation, lost their good standing in their communities, etc., because they didn?t know how to use social media. Debora will also cover various state bar opinions/statements about social media, as well as specific ABA Model Rules that attorneys should be especially aware of while using social media.

      Course Agenda

      • Why is it important to know this?
      • What is Social Media?
      • What Social Media do attorneys use?
      • Why do attorneys use Social Media?
      • Social Media in Legal Practice
      • Social Media and Legal Ethics
      • Q&A

      Course Credit per State


      AL - Ethics: 1.0 Credits
      AZ - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - Ethics: 1.24 Credits
      FL - Ethics: 1.0 Credits
      NY - Ethics: 1.0 Credits
      VT - Ethics: 1.0 Credits
      WV - Ethics: 1.2 Credits

      Course Presenter(s)

      Deborah Gonzalez

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

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

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

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

        Course Price:
      $19.99
       
       

      The Cyber Threat Landscape: A Clear and Present Danger to Law Firms

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      The Cyber Threat Landscape: A Clear and Present Danger to Law Firms Details


      Price:
      $19.99

      Course Description

      Modern warfare is no longer fought on traditional battlefield terrain. It takes place from behind the lines, from secure buildings and with sophisticated and dangerous weapons of technology. Although U.S. Governmental agencies and large corporations have been the most frequent targets, more and more, law firms have experienced malicious attacks from afar which continue to expose client and other vital law firm information. This program addresses the cyber-warfare landscape, recent cases, common risks and best solutions.

      Course Agenda

      • Case studies
      • Hacking in General
      • Cyber-Warfare
      • State-sponsored and Independent Groups
      • Theft of Intellectual Property
      • Preventive Measures for Attorneys, Law Firms, Companies and Clients

      Ethical Duty to Zealously Guard Client Secrets: Is your clients? information safe and secure from hackers?

      Security Challenges: Advanced Persistent Threat: Review of Data Loss by Particular Industries, Causes and by Country.

      The Problem: The Age of the Anti-Virus is gone and presents a false sense of security. Malware, use of valid credentials by intruders, 1 in 5 emails is illegitimate, time from earliest detection of compromise to detection is usually one year, malicious web links grew by 600%, 32% of malicious web links in social media used shortened web links.

      Major Threat Types and Security Challenges: Criminal, Hackers (Hacktivists), Economic Espionage and Nuisance (Botnets/Spam). Advanced Persistent Threats: A sophisticated attack that establishes and extends footholds within a targeted organization for the purpose of extracting information and; pursues its objectives repeatedly, adapts to defenders efforts to resist it and is determined to execute its objective.

      How to Detect Threats: The Risk of Personalization and Mobile Security.

      Cloud Security, Ransomware (?Trojan?), Smart Phone and Apps: Risky Browser analysis and comparisons, helpful tools for protection against cyber-attacks.

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.2 Credits
      FL - Technology: 1.0 Credits
      IL - General: 1.0 Credits
      MO - Self Study: 1.2 Credits
      MT - Self Study: 1.0 Credits
      ND - Self Study: 1.0 Credits
      NH - General: 1.0 Credits
      NY - General: 1.0 Credits
      PA - Distance Learning: 1.0 Credits
      VT - Self Study: 1.0 Credits
      WA - General: 1.0 Credits
      WV - General: 1.2 Credits

      Course Presenter(s)

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

      The Ethics of E Discovery

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      The Ethics of E Discovery Details


      Price:
      $19.99

      Course Description

      Model Rules of Professional Conduct 1.1 provides that "(a) lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." Experienced Discovery Counsel Albert Barsocchini discusses the evolution of Ethical Rules to now embrace developments in the world of E-Discovery. For example, Best Practices, as discussed, include the duties to know e-discovery or find someone who does, to guard against destruction of potentially relevant data, to disclose relevant non-privileged information without producing privileged material, to manage the process as well as the client, to cooperate with adversaries to address e-discovery issues and to communicate and document. He discusses the Federal Rules of Civil Procedure, Model Rules of Professional Conduct and California Bar Rules which implicate Ethical Obligations and offers numerous recommendations on how to meet ethical obligations in the e-discovery process, the duty to supervise vendors, how to avoid conflicts, confidentiality challenges and discovery goals. This program is a fast-paced and comprehensive overview of e-discovery ethical rules and obligations, coupled with concrete, sage advice from one of the nation?s foremost experts in this subject.

      Course Agenda

      • E-Discovery and Attorney Misconduct
      • E-Discovery Best Practices
      • FRCP and Model Rules of Professional Conduct (RCP) as basis for ethical conduct in litigation in federal courts.
      • Evidence Suppression
      • RPC - Candor
      • RPC - Mining for Metadata
      • RPC - Inadvertent Disclosure
      • California State Bar Ethics Opinion 11-0004: The Opinion addresses the impact of E-Discovery on a lawyer?s duty of competence. Multiple recommendations,
      • Duty to Supervise E-Discovery Vendors and to understand the offshore legal process.
      • Avoiding Conflicts
      • Confidentiality Challenges
      • Discovery Goal

      Course Credit per State


      AK - Ethics: 1.0 Credits
      AZ - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - Ethics: 1.2 Credits
      FL - Ethics: 1.0 Credits
      MT - Ethics: 1.0 Credits
      ND - Ethics: 1.0 Credits
      NH - Ethics: 1.0 Credits
      NY - Ethics: 1.0 Credits
      PA - Ethics: 1.0 Credits
      TN - Dual: 1.0 Credits
      VT - Ethics: 1.0 Credits
      WA - Ethics: 1.0 Credits
      WV - Ethics: 1.2 Credits

      Course Presenter(s)

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

      The Reduction of Bias in the Legal Profession

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      The Reduction of Bias in the Legal Profession Details


      Price:
      $19.99

      Course Description

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

      Course Agenda

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

      Course Credit per State


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

      Course Presenter(s)

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

      Top Ten Challenges For New Lawyers

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      Top Ten Challenges For New Lawyers Details


      Price:
      $19.99

      Course Description

      Law school teaches you how to think like a lawyer. And this is very important. But law school does not teach you how to actually practice law. Law school does not equip you with the day-to-day skills that you need to know in order to be a successful new lawyer and contribute meaningfully to a legal practice from day one.

      In this program, Ms. Moore indentifies and discusses some of the key challenges new lawyers face as they transition from law school into a legal practice environment. If you want to succeed, and stand out from your peers, you have to make an exceptional impression from day one. In addition to a solid resume, you must demonstrate that you have the personal skills, practical skills, and business sense to succeed in your early legal career and beyond. You will be expected to know the unspoken rules of professionalism, connect with and maintain mentor relationships, master time management and organization, build productive working relationships with senior attorneys, use social media strategically, and more. Ms. Moore will explain the missteps new lawyers routinely make in the areas of confidence, professionalism, interfacing with clients, delegating work, and more. For each challenge, Ms. Moore will identify specific rubrics and techniques for addressing these challenges head on. Ms. Moore will share both the ways that new lawyers themselves can generate solutions to the challenges presented by a legal practice, as well as how their firms, companies, and other offices can support them as they navigate the challenges.

      Course Agenda

      Overview

    • Challenges and opportunities
    • Confidence

    • Achieving confidence
      • Self-doubt
      • Best practices

      Understanding the significance of professionalism

    • Aspects of professionalism
      • Work vs. private life
      • Dress code
      • Concentric circles of professionalism
      • Interpersonal skills
    • Best practices
    • Displaying enthusiasm

    • Why enthusiasm is important
    • Importance of a positive attitude
    • Diligence

    • Best practices
      • It?s in the details
      • Observing others
      • Quality of work

      The Question/Assumption Game

    • The assumption trap
    • The solution-oriented strategy
    • Management advice and access
    • Delegating

    • The challenges of delegation
    • Proper use of paralegals
    • Client Interactions

    • Challenges of client interactions
    • Timing and frequency is key
    • Learning actively

    • Best practices
    • Key resources
      • Peers and mentors
      • Internet resources

      Marketing a legal practice

    • The challenge of marketing yourself
    • The professional importance of marketing oneself
    • Work/Life Balance

    • The challenges and importance of a good work/life balance
    • Best practices
    • Course Credit per State


      AK - Voluntary: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.2 Credits
      MO - Self Study: 1.2 Credits
      NY - General: 1.0 Credits
      VT - Self Study: 1.0 Credits
      WV - General: 1.2 Credits

      Course Presenter(s)

      Desiree Moore

      Desiree Moore is the founder and President of Greenhorn Legal, LLC and author of the ABA bestseller, Thrive - A New Lawyer's Guide to Law Firm Practice. Ms. Moore is an Adjunct Professor at Loyola University Chicago School of Law and was an associate at the law firm of K&L Gates LLP (formerly Bell, Boyd & Lloyd, LLP) in Chicago for seven years. In 2011, Ms. Moore left K&L Gates to launch Greenhorn Legal.

      Ms. Moore developed Greenhorn Legal to address a significant deficit in the legal market: law students and recent law school graduates ( even the most diligent ones ) are not prepared to practice law. The skills learned in law school are necessary, but far from sufficient, to enable young lawyers to thrive in their legal practice. The Greenhorn Legal training programs prepare law students and new lawyers to succeed. Greenhorn Legal equips new lawyers with key skills that will help them stand apart from their peers in the job search and act as indispensable members of their legal practices from day one.

        Course Price:
      $19.99
       


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