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MCLEZ online continuing legal education courses are for West Virginia attorneys who want to make the most of their time and money. For as little as $19.99 per course, easily earn West Virginia CLE credit online 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 fulfill all of your allowable online MCLE hours, see our West Virginia Bundles page under State CLE Bundles.

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A Modern Look at Contractors v. Employees

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A Modern Look at Contractors v. Employees Details


Price:
$29.99

Course Description

Whether you're a business owner concerned with making the right distinctions when engaging people to work with/for you, or a lawyer responsible for advising clients on the contractor v. employee distinction, this presentation could save you a lot of grief and money down the line.

Marin County-based employment lawyer Diana Maier and Carlos E. Torres, a Hearing Officer for the California Division of Labor Standards Enforcement (DLSE), discuss which factors matter most in deciding how to classify workers in light of recent legal decisions that are shifting those factors. In addition to covering a broad overview of the contractor v. employee debate, they also discuss ethical considerations for lawyers considering the question of contractor classification, and assess whether the sharing economy is due for extinction in light of recent rulings against companies such as Uber.

Course Agenda

Frequent Terms and Their Meanings
  • Principal versus Employer
  • Worker/Contractor/Consultant versus Employee
Central Questions
  • What are some ethical considerations to keep in mind as we review the material?
  • Why are we here?
  • Factors in classification
  • Advantages and disadvantages of each classification
  • How does the government know/find out?
  • What are the penalties if you get it wrong?
  • What do you do to protect yourself?
Sharing Economy
  • What is the sharing economy?
  • Worker classification ? independent contractor
  • Classification lawsuits
    • Lyft, uber, washio, homejoy, shyp, postmates, instacart, handy
Ethical Issues Revisited
  • Ethical considerations
    • Model rules of professional conduct
    • Rule 2.1 ? advisor
  • Given that this is a subjective standard, what ethical considerations exist for attorneys who need to advise others about this? Complicated by the fact that 1099 is less expensive.
  • Do you pick the argument most conducive to the business and just go with that?
  • How do the political/social factors come into play?
  • Are there law and policy objectives lawyers have a duty to protect?
  • If there are, has current law accomplished those, or have we gone too far?
Cases: Practicing the Material
  • Case #1: Client Engaging New Service Providers
  • Case #2: Corporate Employer
  • Case #3: Domestic Employer
Wrap Up
  • Standard is subjective ? makes it a tricky ethical issue for lawyers
  • Government prefers employee status
  • Back up a decision to make someone a contractor by making a file, contract, etc. and know there?s a risk
  • Government most often finds out via an obstructed claim, but there are many ways
  • Recent indications show government is only going to get more strict in enforcement

Course Credit per State


AL - On-Demand: 1.0 Credits
AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CO - General: 1.2 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
GA - Self Study: 1.0 Credits
IL - General: 1.0 Credits
MO - Self Study: 1.2 Credits
MS - General: 1.0 Credits
NC - General: 1.0 Credits
NH - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits
TN - General: 1.0 Credits
UT - Self Study: 1.0 Credits
WA - General: 1.0 Credits
WI - On-Demand: 1.0 Credits
WV - General: 1.2 Credits

Course Presenter(s)

Diana Maier

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

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

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

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

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

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

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

  Course Price:
$29.99
 
 

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
    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
     
     

    Avoiding Bias in the Practice of Immigration Law

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    Avoiding Bias in the Practice of Immigration Law Details


    Price:
    $19.99

    Course Description

    Immigration law, unlike many other areas of legal practice, puts the attorney in constant contact with cultures and ethnicities that are different from his or her own. While this can be stimulating and challenging in a positive way, there is also a real potential for unconscious bias to creep into the process of representing the client. In most cases, the bias is subtle and without malice. Yet, it can have an adverse impact on the quality of representation the attorney provides for the client. This course is designed to help practicing immigration attorneys understand where bias can arise and how to mitigate its effects.

    Course Agenda

    Agenda

    A Brief History of U.S. Immigration and Anti-Immigration Policies

    Some Common Sources of Bias in Today's Cases

  • Financial Status
  • Gender
  • Country of Origin
  • Appearance
  • Sexual Orientation
  • Health Status
  • Religion
  • Course Credit per State


    AK - Voluntary: 1.0 Credits
    CA - Elimination of Bias: 1.0 Credits
    CO - General: 1.22 Credits
    WV - General: 1.22 Credits

    Course Presenter(s)

    Louis Gordon
    Louis Gordon (admitted in the District of Columbia, New Jersey and Pennsylvania only) has argued numerous cases before the Immigration Courts, Board of Immigration Appeals and U.S. Court of Appeals for the Ninth Circuit. He has a J.D. from the Benjamin Cardozo School of Law and a Ph.D. in Political Science from the University of Southern California.
    Philip Karlin
    Philip Karlin is a graduate of Cornell University and State Bar of California Certified Specialist in Immigration Law. He has practiced law for more than thirty years and is senior counsel at Karlin & Karlin, APLC in Los Angeles.
      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
    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
    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
     
     

    Bring Your Own Tech to the Office

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    Bring Your Own Tech to the Office Details


    Price:
    $19.99

    Course Description

    This presentation will cover some of the major issues with current BYOT (Bring Your Own Technology) policies, which are rapidly gaining ground in today?s law offices. Russell Jackman will begin by discussing some of the main benefits to law firms, that allowing employees to bring their own tech will provide, as well as some of the challenges involved. He will then go into detail about what should be included in a BYOT policy, such as what precautions should be taken, as well as some of the compromises that may need to be made in order to ensure that there is a balance between convenience and security. Mr. Jackman will conclude this session by explaining how to effectively implement a BYOT program.

    Course Agenda

    Why Bring Your Own Tech?
    • Lower IT Costs
    • Less training needed
    • Employee familiarity
    • Employees already own this tech
    • Upgrades are usually left to the employee
    • Overall convenience of 24/7 access without needing multiple devices
      What Are The Challenges?
    • Security
    • Control
    • Privacy
    • Inventory of Data
    • Convenience?
    Where should you start? BYOT Inventory
    • Who is brining what to access company servers?
    • What sort of access do they need?
    • What is the status of these devices (what levels of OS/Security?)
    Antivirus Status/Firewalls
    • Many smart phones have no protection at all
    • Many iPad?s without passwords or password resets
    • Key fob/password change on timer
    No Localization Of Data Clear Policy
    • Avoid personal email use/attachments
    • Social media(?)
    • Device can?t be shared with friends and family
    Web Portals/VPNs
    • Usually the best way to control data access
    • Expensive to maintain in the past
    • VIRTUAL PRIVATE SERVERS (as little as $40/month)
    • Cloud Data Servers
    Major Issues Facing Use of BYOT
    • Connection issues
    • Multiple OS?s
    Implementing a BYOT program

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.16 Credits
    MO - Self Study: 1.16 Credits
    MT - Self Study: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NY - General: 1.0 Credits
    WV - General: 1.16 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
     
     

    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
     
     

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

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


    Price:
    $19.99

    Course Description

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

    Course Agenda

    My Background

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

    What is a Conflict of Interest?

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

    Possible Consequences of Conflicts Representation

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

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

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

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

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

    Decision to Refrain from Handling Representation

    Challenges to Representation

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

    Possible Consequences for Innocent Clients

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

    Kinds of Conflicts

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

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

    Conflicts involving Former Clients

    • The Former Client Conflict Rule Generally

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

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

    Personal Interest Conflicts

    • Pecuniary Interest Conflicts
      • Example: Business Transactions Rule

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

    Relationship Conflicts

    • Familial Relationships
    • Sexual Relationships

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

    Other types of Conflicts

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

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

    Imputed Conflicts (most important)/Imputed Disqualification Rule

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

    Avoiding Conflicts

    Declining to Take on Conflicted Representation

    Before you can decline, need to detect: Conflicts checks

    Other Means for Avoiding Conflicts

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

    Curing Conflicts

    Consent

    • Why consent is a cure

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

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

    Screening (10 minutes)

    History of Screening Defense

    Evolution of ABA View of Screening (2009)

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

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

    Course Credit per State


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

    Course Presenter(s)

    Richard Flamm

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

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

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

      Course Price:
    $19.99
     
     

    Credit Damages and their Application in Cases: An Overview

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    Credit Damages and their Application in Cases: An Overview Details


    Price:
    $19.99

    Course Description

    Credit damage and loss of credit reputation can occur when misconduct by a third party results in negative information appearing on a credit report that leads to an individual or business to lose access to credit that was available prior to the damage. The ability to identify and assess a client?s credit damages can increase the value of a damage demand significantly in litigation matters. This damage can result in increased out-of-pocket costs, loss of credit capacity and loss of credit expectancy (the inability to obtain any new credit or new credit at the same interest rate category as pre-injury).

    As credit reputation damages become more common, courts are rejecting the defense?s "subjective" argument and allowing credit reputation damage as a general or special injury. Attorneys should learn how to identify such damages and undertake a credit damage investigation whenever a significant monetary loss appears to have occurred. This program examines credit report issues and credit reputation damage compensation and helps attorneys identify these potential damages in a wide variety of cases.

    Course Agenda

    • Why are ?Client Credit Damages? important? The ability to identify and assess a client?s credit damages can increase the value of a damage demand significantly in litigation matters.
    • Statutes: In California, the applicable statute is California Code of Civil Procedure Section 3333. Other states may have similar statutes.
    • When do Credit Damage and Loss of Credit Reputation Occur? Definition: Credit damage and loss of credit reputation can occur when misconduct by a third party results in negative information appearing on a credit report that leads to an individual or business to lose access to credit that was available prior to the damage.
    • Typical LossesInvolved: This damage can result in increased out-of-pocket costs, loss of credit capacity and loss of credit expectancy (the inability to obtain any new credit or new credit at the same interest rate category as pre-injury).
      • Examples of Credit Damage and Loss of Credit Reputation.
      • Typical cases where Credit Damage May Apply:
      • Personal injury
      • Improper real estate transactions
      • Identity theft
      • Breach of contract
      • Fraud
      • Malpractice (i.e., legal, medical)
      • Mortgage delinquency/modification programs
      • Health insurance coverage rescission
      • Contested divorce
      • Partnership disputes
    • Complaints from Clients: Examples and How to Increase Awareness of Attorneys to Credit Damage
    • Example: Property Owner?s Insurance Claim Ignored by Insurer
    • Example: Contested Divorce
    • Credit Reputation Damage As a Special Injury: Case Law
    • Need to Include Credit Reputation Damage in Damage Demands
    • Typical Indicators
    • Assessing Credit Damage Demand
    • Questions to ask clients. Consumer Credit Reports.
    • What Can Be Used in Court?
    • What Subscriber Credit Reports Reveal
    • Measuring Credit Reputation Damages
    • Conclusion: As credit reputation damages become more common, courts are rejecting the defense?s "subjective" argument and allowing credit reputation damage as a general or special injury. Attorneys should undertake a credit damage investigation whenever a significant monetary loss appears to have occurred.
    • Review: Questions and Answers

    Course Credit per State


    AL - On-Demand: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.2 Credits
    CT - General: 1.0 Credits
    FL - General: 1.0 Credits
    GA - Self Study: 1.0 Credits
    IL - General: 1.0 Credits
    NC - General: 1.0 Credits
    NH - General: 1.0 Credits
    NJ - General: 1.2 Credits
    NY - General: 1.0 Credits
    TN - General: 1.0 Credits
    TX - General: 1.0 Credits
    UT - Self Study: 1.0 Credits
    WA - General: 1.0 Credits
    WI - On-Demand: 1.0 Credits
    WV - General: 1.2 Credits

    Course Presenter(s)

    Georg Finder

    Georg Finder, an Orange County, CA Independent Credit Evaluator (ICE), is an expert on credit reporting violations and credit damage measurement. He has more than 20 years of experience evaluating credit reports and has appeared as an expert witness for both plaintiff and defense. He is an expert on credit report issues and credit reputation damage compensation and teaches a certified Credit Damages Assessor (CDA) program through the Financial Education Academy.

    James Ellis Arden

    James Ellis Arden is an attorney in California who on litigation and appeals involving civil procedure and attorney malpractice issues. He is rated AV-preeminent by Martindale-Hubbell. Arden writes andlectures on legal practice, technology, and ethics. He authors the ?TechnoEthics? column in GPSOLO magazine, published by the ABA General Practice, Solo and Small Firm Division. Arden is a member of the Association of Professional Responsibility Lawyers (APRL), the Professional Responsibility and Ethics Committee (PREC) of the Los Angeles County Bar Association, and the California State Bar Committee on Professional Liability Insurance (COPLI). In the olden days, he studied psychology and computer programming.

      Course Price:
    $19.99
     
     

    Cyber Stalking: Who's Watching Me

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    Cyber Stalking: Who's Watching Me Details


    Price:
    $19.99

    Course Description

    We live in a surveillance world. The technology exists for everyone to watch everyone. The technology exists for us to be connected online all the time. Is this what we want?

    In this course, attorney Deborah Gonzalez presents an overview of new legal concerns regarding cyber-stalking, cyber harassment, and cyber bullying. Ms. Gonzalez will discuss how new consumer technology such as wearable tech, which is getting smaller and smaller, with the capabilities of recording audio and video without detection, along with the viral nature of social media, is leaving more and more people vulnerable to various types of online abuse. These types of issues have caused states to revise their current general harassment statues, to include language addressing electronic communications. Ms. Gonzales will cover some of these updates as she discusses how various states are choosing to approach these issues. Ms. Gonzalez will also cover several cyber-bullying and cyber-harassment cases, as well as explain the difference between the two. Ms. Gonzalez will conclude the presentation with a brief discussion about current cyber-voyeurism and cyber-revenge porn laws.

    Course Agenda

    Setting the Context Cyber-Harassment
    • Cyber-harassment usually pertains to threatening or harassing email messages, instant messages, or to blog entries or websites dedicated solely to tormenting an individual.
    • Two approaches for state laws:
      • Include language addressing electronic communications in general harassment statutes; or
      • Create stand-alone cyber-harassment statutes.
    • 47 U.S. Code § 223, Communications Decency Act, rephrased to include any telecommunications device.
    • New York Penal Code, 240.3
      • § 240.30 Aggravated harassment in the second degree.
    • Florida, 784.048, 2014
    • Another definition connects this to a violation of anti-harassment/anti-discrimination policies (like Civil Rights) via an email, online post, Tweet, or other electronic communication.
    • Social Media Policies
    • Cyber Harassment: Tips
    Cyber-Stalking
    • Cyber-stalking is the use of the Internet, email or other electronic communications to stalk, and generally refers to a pattern of threatening or malicious behaviors
      • Based on a posing credible threat of harm.
      • Sanctions range from misdemeanors to felonies.
    • 18 U.S.C. § 875(c) makes it a federal crime, punishable by up to five years in prison and $250,000 fine, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another.
    • Section 875(c) prohibits the actual transmission of a threat, which is defined "objectively" as a statement which a reasonable person would understand as threatening bodily injury.
    • § 875(c) applies only to "true threats" which are not protected by the First Amendment.
      • Watts v. United States, 394 U.S. 705 (1969)
      • Such protected speech includes "political hyperbole" or "vehement," "caustic," or "unpleasantly sharp attacks" that fall short of true threats.
    • Georgia Code, 16-5-90, 2014
    • Virginia, 18-2-60, 2002
      • § 18.2-60. Threats of death or bodily injury to a person or member of his family; threats to commit serious bodily harm to persons on school property; penalty.
    • North Carolina, 14-196.3, 2000
      • § 14-196.3. Cyber-stalking.
    • U.S. v. Elonis, October 2014
    • Unwanted Sexual Contact Online
    • International Cyber-Stalking
    Cyber-Bullying
    • Most people consider this in regards to minors and/or students. However there are a series of laws referring to ?workplace cyber-bullying.?
    • Cyber-bullying or Cyber-Harassment?
    • Cyber-bullying State Laws:
      • Colorado, HB 1036, 2005
      • California, AB86, 2008
      • Virginia, HB1624, 2009
      • Georgia, SB250, 2010
    #Gamergate, August 2014
    • Zoe Quinn, software developer of the game ?Depression Quest,? a text-based game partially based on her own experience with depression, in 2013.
    • Victim of online death threats and harassing posts.
    Cyber-Voyeurism
    • Video-Voyeurism: The use of small micro cameras to observe and monitor another person.
    • Cyber-Voyeurism: Controlling those cameras via online or wireless connections and can include recording and posting the videos on social media or other Internet sites.
    • State Statutes include:
      • Unlawful photographing
      • Voyeurism
      • Unauthorized videotaping
      • Eavesdropping
      • Peeping or Spying
      • Disorderly Conduct
      • Various Privacy laws
      • Various Stalking laws
    Intimate Partner Cyber-Violence
    • IPV encompasses domestic violence, sexual violence, and stalking that targets a current or former spouse, boyfriend, girlfriend, or significant other.
    • IPCV encompasses the above through the use of technology, including the Internet, social media, email, texting, etc.
    Cyber-Revenge Porn
    • CA v Iniquez, 2014 Conviction
    • Noe Iniguez, convicted of the charge of distributing "revenge porn" via the internet; 1 year in jail
    • CA Revenge Porn Law?s requires proof beyond a reasonable doubt that:
      • the accused photographed or recorded an image of one or more intimate body parts of an identifiable person under circumstances where the parties agree or understand that the image is to remain private and the accused subsequently distributed the image with the intent to cause serious emotional distress and the depicted person did suffer serious emotional distress. CA, one of 13 states that have enacted cyber-exploitation laws. CA eCrime Unit: prosecuting operators of cyber-exploitation websites

    Course Credit per State


    AK - Voluntary: 1.25 Credits
    AZ - General: 1.25 Credits
    CA - General: 1.25 Credits
    CO - General: 1.4 Credits
    FL - Technology: 1.5 Credits
    IL - General: 1.0 Credits
    MO - Self Study: 1.4 Credits
    MS - General: 1.2 Credits
    MT - Self Study: 1.25 Credits
    ND - Self Study: 1.25 Credits
    NH - General: 1.0 Credits
    NY - General: 1.0 Credits
    WA - General: 1.25 Credits
    WV - General: 1.4 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
     
     

    Dealing with the News Media

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    Dealing with the News Media Details


    Price:
    $19.99

    Course Description

    In a world of 24-hour news cycles and intense public interest in the courts, media coverage is a fundamental part of the litigation landscape. However, many civil litigators haven't developed a strategy for dealing with the media, whether to proactively serve their client's interests or to respond, quickly and effectively, to media tactics deployed by adversaries. As in a political campaign, the failure to "get ahead of a story" can result in your opponent maneuvering you into a reactive, defensive mode that can damage your client's overall position and diminish your negotiating leverage. Fortunately, there are guidelines for dealing effectively with the news media, most of which are based on understanding the priorities and incentives that drive reporters and editors. These guidelines will enable you, as a civil litigator, to work effectively with the press - and keep within boundaries of professional ethics -- as an essential part of your advocacy.

    In this course, attorney David Graulich will discuss the challenges of managing a high profile case and the best practices to follow when dealing with the news media. Mr. Graulich will examine how to deal with pre-trial publicity, go over the rules relating to media interaction during the trial, and discuss ABA guidelines on trial publicity. What is considered off the record? Should an attorney ask a reporter to view a story before it is published? Mr. Graulich will also present several case studies to examine the changing relationships of the news media and the court system over the last several decades. The course will discuss the court's varying tolerance levels of extrajudicial statements in civil and criminal trials. The course will end with a Question and Answer session covering such topics as how to handle an ambush interview and dealing with bloggers.

    Course Agenda

    Dealing With The News Media
    Journalists Are Looking For A Story
    Don't Assume Reporters Know The Basics Of The Legal System
    Check Your Jurisdiction's Bar Rules
    • ABA Rule 3.6
    Free Press Vs. Right To Fair Trial
    • Case Study: Sheppard v. Maxwell
    • Case Study: Nebraska Press Association v. Stuart
    • Case Study: U.S. v. Cutter
    • Case Study: Chicago Council of Lawyers v. Bauer
    • Case Study: Ruggieri v. John-Manville Prods. Corp.
    • Case Study: Gentile v. State Bar of Nevada
    • Case Study: Chevron
    Be A Reliable And Sensible Source
    Everything Is On The Record
    Be Concise
    Don't Rely On Nuance Or Subtle Distinctions
    Honor Thy Reporter's Deadline
    Reporters Don't Write Headlines Nor Determine Story Placement
    Take Your Knocks... And Move On
    Questions & Answers Session
    • What are the best practices for handling an ambush interview?
    • In what situations would you consider hiring a public relations firm?
    • What are best practices when dealing with bloggers?

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.06 Credits
    FL - General: 1.0 Credits
    MO - Self Study: 1.1 Credits
    NY - General: 1.0 Credits
    WV - General: 1.06 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
     
     

    Depositions

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    Depositions Details


    Price:
    $24.99

    Course Description

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

    Course Agenda

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

      Course Credit per State


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

      Course Presenter(s)

      David Graulich, Esq.

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

      Course Price:
    $24.99
     
     

    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
       
       

      Drafting Software Development Agreements

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      Drafting Software Development Agreements Details


      Price:
      $19.99

      Course Description

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

      Course Agenda

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

        Course Credit per State


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

        Course Presenter(s)

        Deborah Gonzalez

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

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

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

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

        Course Price:
      $19.99
       
       

      Ethical Issues in EB-5 and DACA Cases

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      Ethical Issues in EB-5 and DACA Cases Details


      Price:
      $19.99

      Course Description

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

      Course Agenda

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

      Course Credit per State


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

      Course Presenter(s)

      David B. Gardner

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

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

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

        Course Price:
      $19.99
       
       

      Ethical Issues in Terminating the Attorney-Client Relationship

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      Ethical Issues in Terminating the Attorney-Client Relationship Details


      Price:
      $19.99

      Course Description

      In this presentation, George Chiu, Esq. will address one of the most important issues facing attorneys, which is when, how, and if you are able to terminate the attorney client relationship. This course will be focused largely on Rule 3-700 of the California Rules of Professional Conduct. He will provide practical tips and pointers, specifically focused on trying to meet the requirements of the California Rules of Professional Conduct, trying to avoid malpractice claims, and avoiding discipline from the State Bar.

      Course Agenda

      • The Attorney-Client Relationship
      • Five Steps to Terminating The Attorney-Client Relationship
      • Deciding to end attorney client relationship
      • Creating the File
      • Telling the client about termination
      • Cautions
      • Things to keep in mind
      • Form Language
      • Final Thoughts

      Course Credit per State


      AK - Ethics: 1.0 Credits
      AL - Ethics: 1.0 Credits
      AZ - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - Ethics: 1.14 Credits
      CT - Ethics: 1.0 Credits
      FL - Ethics: 1.0 Credits
      IL - Professional Responsibility: 0.75 Credits
      IN - Ethics: 1.0 Credits
      MS - Ethics: 1.0 Credits
      NH - Ethics: 0.95 Credits
      NJ - Ethics: 1.1 Credits
      NY - Ethics: 1.0 Credits
      TN - Dual: 0.95 Credits
      WA - Ethics: 1.0 Credits
      WV - Ethics: 1.14 Credits

      Course Presenter(s)

      George Chiu, Esq.
      George Chiu, Esq. has extensive experience in transactional matters, including mergers and acquisitions, securities, and banking.    In addition to practicing law in the United States, Mr. Chiu has served as Director of Legal affairs for the Ascension Capital Group in Beijing and General Counsel to T2CN Information Technology of Shanghai, China.   Mr. Chiu is fluent in English and Chinese and speaks French and Korean. He earned his Juris Doctor from UCLA in 2003 and is admitted to the Bar in Massachusetts, California, Texas, and Oklahoma.
        Course Price:
      $19.99
       
       

      Ethical Issues of Contemporary Criminal Justice

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      Ethical Issues of Contemporary Criminal Justice Details


      Price:
      $29.99

      Course Description

      Ethical Issues of Contemporary Criminal Justice explores standards of professional responsibility specific to legal representation, law enforcement, and corrections in the United States. Attorneys will define and apply concepts in the analysis of law and policy through an increased awareness of the Model Rules and Codes of Conduct. This course examines current prominent cases and their dilemmas to effectively present relevant ethical issues in an easily understandable context.

      Course Agenda

      • Overview
      • Model Rules of Professional Conduct
      • The Law, the Right to Practice and the Legal Professional:
        • Right to practice  
        • Sources of regulation  
        • Preventing unauthorized practice of law 
      • Duties of Those who Practice in Criminal Justice System:
        • Prosecution for the people
        • Defense for the accused
        • Judges for everyone
      • Fees and Contracts:
        • Formation of relationship between client and lawyer
        • Agreement and scope of representation
        • Terminating the lawyer-client relationship
      • Confidential Information:
        • Attorney-client privilege
        • Duty of confidentiality
        • When confidences are waived
      • Unimpaired Loyalty and the Avoidance of Conflicts of Interest:
        • Personal interests that may affect objectivity
        • Concurrent representation of clients with conflicting interests
        • Conflict between current and former clients
      • Obligations to Third Parties and the Legal System:
        • Counseling or assisting illegal or fraudulent conduct
        • Requirement of honesty in communications
        • Threats of criminal prosecution
      • Special Obligations to Lawyers in Litigation:
        • Duty to reject actions brought merely to harass or injure
        • Limitations on trial publicity
        • Duty of honesty and disclosing perjury
      • Business of Practicing Law:
        • Solicitation and advertising
        • Regulation of specialization
        • Division of fees
      • District Attorney Issues:
        • Formal disciplinary process
        • Personal financial liability
        • Contempt sanction
      • Lack of Resources and the Responsibilities of Judges:
        • Disqualification and recusal
        • Extrajudicial money making 
        • Political activity and appearance of impropriety

        Course Credit per State


        AK - Ethics: 1.75 Credits
        AL - Ethics: 1.8 Credits
        AZ - Ethics: 1.75 Credits
        CA - Ethics: 1.75 Credits
        CO - Ethics: 2.1 Credits
        CT - Ethics: 1.75 Credits
        FL - Ethics: 2.0 Credits
        GA - Ethics: 1.8 Credits
        IL - Professional Responsibility: 1.75 Credits
        IN - Ethics: 1.8 Credits
        MO - Ethics: 2.0 Credits
        NC - Professional Responsibility: 1.75 Credits
        NH - Ethics: 1.75 Credits
        NY - Ethics: 2.0 Credits
        PA - Ethics: 2.0 Credits
        TN - Dual: 1.75 Credits
        WA - Ethics: 1.75 Credits
        WV - Ethics: 2.1 Credits

        Course Presenter(s)

        Greg Woods, J.D.

        Greg Woods received his Doctor of Jurisprudence from San Francisco Law School and holds a Bachelor of Arts from San Jose State University. At San Francisco Law School Greg was a recipient of the Bernard Witkin Award for academic excellence in Contracts Writing and was an editorial staff member with the San Francisco Law Review. He served as a Certified Legal Intern with the Office of the District Attorney in San Francisco.

        Greg Woods presently serves as Lecturer with the Department of Criminal Justice Studies at San Francisco State University and was recently named Lecturer of Justice Studies at San Jose State University and at the Department of Criminology Studies at Sonoma State University.

        As an educator, constitutional scholar, law enforcement/legal trend watcher and student of history, Greg constantly seeks and receives information from a wide variety of sources and is in the forefront as a commentator on topical issues in Criminal Law.

        Outside the classroom, Greg has been acknowledged by former students at the annual San Francisco State Scholar Athlete Reception as a faculty member who ?made a valuable impact on their academic life.?

        Course Price:
      $29.99
       
       

      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
       
       

      Ethics for Patent Attorneys and Patent Agents

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      Ethics for Patent Attorneys and Patent Agents Details


      Price:
      $19.99

      Course Description

      Patent attorneys are bound by their local State Bar Rules and the Code of Conduct contained in Code of Federal Regulations Title 37. Among the many local State Bar Rules addressed by Steve Nielsen are the duties to maintain client secrets, to maintain a client trust account and to address actual and potential conflicts of interest. Mr. Nielsen then walks through the Patent and Trademark Office Code of Professional Responsibility Canons and Disciplinary Rules, distinguishing between them, addressing each Canon and providing guidance on how to avoid disciplinary proceedings resulting from violations. From fee agreements to inventor conflicts of interest, security issues ranging from the basics of locks on file cabinets to encryption, to limiting business relationships with clients, Mr. Nielsen covers the spectrum of the disciplinary minefield. This is truly a program in which the adage "an ounce of prevention is worth a pound of cure" applies.

      Course Agenda

      • Disclose Adverse Legal Authority
      • Inventor Conflicts
      • Threatening Criminal Prosecution
      • Fee Agreements
      • To Search or Not? No duty to search for prior art
      • Patent Litigation
      • Pre-Litigation Markman Analysis
      • Ethics of Pre Litigation
      • Litigation Blowback
      • Office of Enrollment and Discipline (OED) Tales of Woe and Anguish
      • Malpractice Suits
      • Conflict of Interest
      • Money Problems and Issues
      • Bad Checks
      • Tax Fraud
      • Bounced Checks to the USPTO

      Course Credit per State


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

      Course Presenter(s)

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

      Federal and State Tax Laws: Poe v. Seaborn - A Contrarian View

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      Federal and State Tax Laws: Poe v. Seaborn - A Contrarian View Details


      Price:
      $19.99

      Course Description

      When the Supreme Court decided Poe v. Seaborn in 1930, it did not foresee the mischief its decision would cause in later years. Seaborn held that, under the community property law of the state of Washington, each spouse had a vested interest in one half of all community property, including income, notwithstanding the husband's right to control and manage the property. The IRS argued that it couldn't possibly be Congress' intent to include such a large example of horizontal inequity between those living in common-law States vs. community property States. The Trial Court found for Seaborn. The IRS appealed. The US Supreme Court affirmed the lower court?s decision.

      This course will explore the ramifications of Poe v. Seaborn and ask if repealing Seaborn and all of the code sections that give favored treatment to taxpayers in community property states will make the tax code more equitable. The course will discuss Congress? attempts to remedy the geographical disparity of Seaborn over the years. The course will examine how the joint filing provisions created by Congress in 1948 ended up creating more problems, ie. the marriage penalty, innocent spouse issues, problems in division of marital assets in divorce, and estate issues. The course discusses how the California legislature extension of its community property law to cover Registered Domestic Partners (RDPs) by referencing the Seaborn case, allowed income splitting for California RDPs, who are not spouses under federal law. This again has produced a series of geographic disparities in tax treatment of same sex unions in common law and community property states. Moreover, the extension of the community property regime to non-married persons is itself a departure from the age-old understanding that community property is a marital property regime solely applicable to married persons. The course ends with a Question and Answer session, taking questions from the attending audience.

      Course Agenda

      POE V. SEABORN

    • Background
      • Lucas v. Earl
    • Court Ruling
    • The Anticipatory Assignment of Income Doctrine
    • COMMUNITY PROPERTY VS COMMON LAW STATES

    • AZ, CA, ID, LA, MI, NM, NV, TX, WA
    • 1948 JOINT FILING OPTION

    • Marriage Penalty
      • Differences in rate structures
    • Innocent Spouse Codes
    • Divorce in Community States
    • 1962 U.S. v. DAVIS

    • Background
    • Decision
    • Ramifications
    • 26 USC § 1041

    • What is it?
    • Unintended consequences
      • Bargaining chip in divorce settlements
      • Time of transfer issues
      • What trumps what?
      • Estate issues

      2003 CA REGISTERED DOMESTIC PARTIES ACT

      • Civil union statute

      1996 DEFENSE OF MARRIAGE ACT

    • Community property does not apply
    • RULING ADVISORY OPINIONS

    • 2006 Opinion
    • 2010 Opinion
    • WHAT NOW?

    • Repeal Seaborn?
    • Repeal DOMA?
    • QUESTION AND ANSWER SESSION

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.1 Credits
      WV - General: 1.1 Credits

      Course Presenter(s)

      Leon Gabinet
      Leon Gabinet practiced law for many years in Portland, Oregon, before coming to Case Western Reserve University School of Law in 1968. He is the executive director of the Graduate Program in Taxation and coauthor of Tax Aspects of Marital Dissolution (1986, 2d edition 1998). He is a member of the American Law Institute and was invited to the Netherlands as a Cambridge-Tilburg lecturer.
        Course Price:
      $19.99
       
       

      Got a Handle on Employee Leaves of Absence

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      Got a Handle on Employee Leaves of Absence Details


      Price:
      $19.99

      Course Description

      Jason A. Geller, Managing Partner of Fisher & Phillips' San Francisco office, addresses recent requirements for employer compliance with updated regulations under the California Family Rights Act (CFRA) and significant distinctions between CFRA and the Federal Family and Medical Leave Act (FMLA). Because these laws are quite similar in many respects, the description of an employer and employee's duties under CFRA will parallel those under the FMLA. Jason also addresses practical challenges faced by the parties in complying with these laws and suggested policies and practices to ensure compliance.

      Course Agenda

      • Introduction
      • Review of rise of leave rights generally
      • The basic requirements under CFRA/FMLA
      • Distinctions between FMLA and CFRA
      • Important changes to CFRA regulations
      • Suggested changes to leave policies and practices

      Course Credit per State


      AL - On-Demand: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.32 Credits
      CT - General: 1.0 Credits
      FL - General: 1.0 Credits
      GA - Self Study: 1.0 Credits
      IL - General: 1.0 Credits
      MO - Self Study: 1.2 Credits
      NH - General: 1.0 Credits
      NJ - General: 1.2 Credits
      NY - General: 1.0 Credits
      TN - General: 1.0 Credits
      TX - General: 1.0 Credits
      WA - General: 1.0 Credits
      WI - On-Demand: 1.0 Credits
      WV - General: 1.2 Credits

      Course Presenter(s)

      Jason A. Geller

      Jason A. Geller is the Managing Partner of Fisher & Phillips? San Francisco office. Fisher & Phillips is one of the largest U.S. law firms representing management exclusively in the areas of labor, employment, civil rights, employee benefits, and immigration law. The firm has 31 offices with 300 attorneys.

      Jason represents employers in all facets of employment law matters. He has considerable experience defending employers in litigation involving claims under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), the Age Discrimination in Employment Act (ADEA), the California Fair Employment and Housing Act (FEHA) and California wage and hour laws. Jason has also defended employers against whistleblowing and retaliation claims, including claims under the California Whistleblower Act, the False Claims Act and various provisions of The California Labor Code.

      Jason has extensive experience defending employers in Federal and State courts, as well as in investigations by the Equal Employment Opportunity Commission (EEOC), the DFEH, United States Department of Labor (DOL) and the National Labor Relations Board (NLRB).

      In addition to defending his clients in litigation, Jason frequently counsels employers to assist them in avoiding litigation. He regularly advises clients on leave management issues and the interactive process for employees with disabilities, reinstatement obligations under various leave laws and wage and hour compliance. Jason has prepared employee handbooks and a variety of agreements, including independent contractor, employment, confidentiality and trade secrets agreements.

      His clients are involved in a variety of industries, including assisted living, independent living facilities, construction, manufacturing, engineering, architecture, professional services, agriculture, technology, retail and restaurant industries.

      Jason was included in Northern California Super Lawyers in 2015.

      Professional Activities
      • Board Member, Northern California Human Resources Association - East Bay Chapter
      • Member, Marin Human Resources Forum (1995-2000)
      • Member, Labor and Employment Section of the San Francisco Bar Association
      • Board Member & Legislative Co-chair, Employers' Advisory Council of the California Employment Development Department
      • Member, Labor and Employment Section of the State Bar of California
      • Member, Advisory Committee on Employment Law Jury Instructions of the Labor and Employment Section of the State Bar of California
        Course Price:
      $19.99
       
       

      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
       
       

      Innovation or Exploitation: The Limits of Computer Trespass Law

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      Innovation or Exploitation: The Limits of Computer Trespass Law Details


      Price:
      $29.99

      Course Description

      In 1984, Congress passed the Computer Fraud and Abuse Act. This criminal law statute was passed when most people?s relationship with their computers was direct and straightforward. Computer access was at a fixed location (desktop computer) and authorization was based on simple password access. In today?s world of mobile and cloud computing, users? relationships to their computers and data has significantly increased in complexity. Users have multiple access points to their data through the introduction of smart phones, tablets, and the Internet. The amount of data has grown exponentially since 1984. Banking, shopping, and even dating are now easily done online.

      This course examines the current limits of computer trespass law in America. The panel, made up of experienced technology attorneys and professionals, will present an overview of Computer Fraud and Abuse Act of 1984, commonly referred to as CFAA. What was this statute meant to do? How are violations defined? Is the statute in need of reform? Why? The panel will discuss several case studies to determine whether CFAA is working effectively in today?s world of social media and cloud based computing. The panel will consider what type of reforms initiatives are in development to bring CFAA to the 21st Century. The panel will discuss the federal indictments of Aaron Swartz and examine if CFAA was properly used. The course will then end with a question and answer session, taking questions from the attending audience.

      Course Agenda

      OVERVIEW: INNOVATION VERSUS EXPLOITATION

    • Technology research vs. Federal Law
    • Tech entrepreneurship vs. Federal Law
    • Tech culture vs. Federal Law
    • Tech use vs. Federal Law
    • Hacking vs. Federal Law
    • COMPUTER FRAUD AND ABUSE ACT

    • 18 USC § 1030
    • Definition of access
    • Definition of authorization
    • Term of Service and agency relationships
    • Case Study: United States v. Lori Drew
    • Case Study: United States v. Nosal
    • CFAA REFORM OPTIONS

    • Aaron?s Law
    • Top three reform priorities
    • NEW TECHNOLOGY/ NEW LAWS

    • Evasion of a code-based restriction?
    • How should we define that code-based restriction?
    • How should the criminal law address the exploitation of flawed security mechanisms?
    • Should evasion of down load rates limitations be a crime?
    • Should evasion of differential pricing mechanisms be a crime?
    • Who should provide authorization?
    • Should password sharing be illegal?
    • Should faking your way onto a white list or off a blacklist be a crime?
    • When is URL manipulation a crime?
    • Do we need a security researcher exception?
    • UNITED STATES V. AARON SWARTZ

    • Case Background
    • Federal indictment
    • CFAA: Criminal Trespass?
    • INNOVATION AND THE LAW

    • Legal minefields
    • Technology research and the law
    • Vagueness in the law
    • No red lines
    • QUESTION AND ANSWER SESSION

      Course Credit per State


      AK - Voluntary: 2.0 Credits
      AZ - General: 2.0 Credits
      CA - General: 2.0 Credits
      CO - General: 2.26 Credits
      WA - General: 1.75 Credits
      WV - General: 2.26 Credits

      Course Presenter(s)

      Dan Auerbach
      Dan Auerbach is a Staff Technologist who is passionate about defending civil liberties and encouraging government transparency. Coming to EFF with a background in mathematical logic and automated reasoning, as well as years of engineering experience at Google, Dan now works on EFF's various technical projects and helps lawyers, activists, and the public understand important technologies that might threaten the privacy or security of users.
      Ed Felten

      Mr. Felten is a professor of computer science and public affairs at Princeton University. On November 4, 2010 he was named the Chief Technologist for the United States Federal Trade Commission, a position he officially assumed January 3, 2011.

      Felten has done a variety of computer security research, including groundbreaking work on proof-carrying authentication and work on security related to the Java programming language, but he is perhaps best known for his paper on the Secure Digital Music Initiative (SDMI) challenge.

      Jennifer Granick

      Ms. Jennifer Granick is the Director of Civil Liberties at the Stanford Center for Internet and Society. Jennifer returns to Stanford after stints as General Counsel of entertainment company Worldstar Hip Hop and as counsel with the Internet boutique firm of Zwillgen PLLC. Before that, she was the Civil Liberties Director at the Electronic Frontier Foundation. Jennifer practices, speaks and writes about computer crime and security, electronic surveillance, consumer privacy, data protection, copyright, trademark and the Digital Millennium Copyright Act.

      From 2001 to 2007, Jennifer was Executive Director of CIS and taught Cyberlaw, Computer Crime Law, Internet intermediary liability, and Internet law and policy. Before teaching at Stanford, Jennifer spent almost a decade practicing criminal defense law in California. She was selected by Information Security magazine in 2003 as one of 20 "Women of Vision" in the computer security field. She earned her law degree from University of California, Hastings College of the Law and her undergraduate degree from the New College of the University of South Florida.

      Brewster Kahle

      Brewster Kahle graduated from the Massachusetts Institute of Technology in 1982 with a Bachelor of Science in computer science and engineering. After graduation, he joined Thinking Machines team, where he was the lead engineer on the company's main product, the Connection Machine, for six years (1983?1989). There, he and others developed the WAIS system, the Internet's first publishing and distributed search system and a precursor to the World Wide Web.

      He co-founded WAIS, Inc.(1992) and Alexa Internet (1996.) Both firms were eventually sold to AOL and Amazon.com respectively. At the same time as he started Alexa, he founded the Internet Archive, which he continues to direct. In 2001, he implemented the Wayback Machine, which allows public access to the World Wide Web archive that the Internet Archive has been gathering since 1996. In 2010 he was given an honorary doctorate in computer science from Simmons College, where he studied library science in the 1980s.

      In 2012, Kahle and banking veteran Jordan Modell established Internet Archive Federal Credit Union to serve people in New Brunswick and Highland Park, New Jersey, as well as participants in programs that alleviate poverty in those areas.

      Alex Stamos
      Alex Stamos is the CTO of Artemis, the division of NCC Group that is taking on hard security problems starting with the .Secure gTLD. He was the co-founder of iSEC Partners, one of the world's premier security consultancies and also a part of NCC Group. Alex has spent his career building or improving secure, trustworthy systems, and is a noted expert in Internet infrastructure, cloud computing and mobile security. He is a frequently request speaker at conferences such as Black Hat, Defcon, Amazon ZonCon, Microsoft Blue Hat, FS-ISAC and Infragard. He holds a BSEE from the University of California, Berkeley.
      Jonathan Mayer
      Jonathan Mayer is a graduate student in computer science and law at Stanford University, where he is a Cybersecurity Fellow at the Center for International Security and Cooperation, a Junior Affiliate Scholar at the Center for Internet and Society, and a Stanford Interdisciplinary Graduate Fellow. He received his A.B. from Princeton University in 2009, concentrating in the Woodrow Wilson School of Public and International Affairs. Jonathan has consulted for both federal and state law enforcement agencies, and his research on consumer privacy has contributed to multiple regulatory interventions.
        Course Price:
      $29.99
       
       

      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
      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
       
       

      Legal Ethics: The Limits of Aggressive Counsel

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      Legal Ethics: The Limits of Aggressive Counsel Details


      Price:
      $19.99

      Course Description

      In this presentation Barry Kaye and Alan F. Broidy will discuss different issues that come up from professional responsibility angles, as well as statutory issues of malicious prosecution that could arise in the context when attorneys go beyond what they should be doing in their required ethical bounds. They will explore what role the attorney should be playing in terms of devising novel legal arguments. They will take look at what the courts say, as well as the existing codes of professional conduct.

      Course Agenda

      • What is the limit?
      • Rules of Professional Conduct
      • Example
      • Elements of Malicious Prosecution
      • Drawbacks of Malicious Prosecution
      • Abuse of Process
      • No Malice?
      • The Franklin Mint (Manatt) Case
      • The Courts and Franklin Mint
      • Practicing outside of competency

      Course Credit per State


      AK - Ethics: 1.0 Credits
      AL - Ethics: 1.0 Credits
      AZ - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - Ethics: 1.2 Credits
      CT - Ethics: 1.0 Credits
      FL - Ethics: 1.0 Credits
      GA - Ethics: 1.0 Credits
      IL - Professional Responsibility: 1.0 Credits
      IN - Ethics: 1.0 Credits
      KY - Ethics: 1.0 Credits
      MO - Ethics: 1.0 Credits
      MS - Ethics: 1.0 Credits
      NH - Ethics: 1.0 Credits
      NJ - Ethics: 1.2 Credits
      NY - Ethics: 1.0 Credits
      PA - Ethics: 1.0 Credits
      SC - Ethics: 1.0 Credits
      TN - Dual: 1.0 Credits
      WV - Ethics: 1.2 Credits

      Course Presenter(s)

      Barry Kaye

      Barry Kaye, Esq. is a member of the faculty at Berkeley Law (Boalt Hall) and an innovative and detail-oriented attorney with a reputation for bringing people together and structuring complex transactions. His entrepreneurial character and versatile skill set have allowed Mr. Kaye to move deftly between the law and business and weave a unique, well-diversified practice. Mr. Kaye's professional history shows experience and expertise in three main areas: intellectual property, real estate and business. After graduating from law school, Mr. Kaye clerked for U.S. District Judge A. Andrew Hauk in Los Angeles.

      Following his clerkship, Mr. Kaye joined Hennigan, Mercer & Bennett, where he was part of the team that successfully represented Orange County in their bankruptcy and securities litigation. His areas of practice currently include real estate, intellectual property and general business transactions and litigation. He has also developed an expertise in the state and federal "Do Not Call" regulations. In addition to practicing law, Mr. Kaye maintains a profile in the real estate and finance worlds. He earned his JD in 1994 from the Benjamin N. Cardozo School of Law and is an active member of the California and New York bars.

        Course Price:
      $19.99
       
       

      Litigating Political Asylum Cases In Immigration Court

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      Litigating Political Asylum Cases In Immigration Court Details


      Price:
      $19.99

      Course Description

      In this course, Mr. Louis Gordon Esq.* will provide an engaging and informative presentation on how to present an asylum case in immigration court, key strategies for winning such cases, and what to do when a case is denied and an appeal needs to be filed. Mr. Gordon begins the course with a discussion of how to prepare for the first client meeting and continues with a discussion of the various issues that may affect an asylum case, including an client?s previous criminal history and human rights conditions in the client?s country. Mr. Gordon also reveals how to best frame the theory of the case, and provides strategies for dealing with a one year bar, and the corroboration requirements of the REAL ID ACT. Finally, Mr. Gordon illuminates post-trial relief and the appeals process.

      *Admitted in the District of Columbia, New Jersey and Pennsylvania only. Practice Limited to Immigration & Nationality Law.

      Course Agenda

      What are the grounds for political asylum?

      • What are the federal statutes regulating asylum applications?
      • How does the government define persecution?
      • Political Asylum vs. Refugee status

      What are the alternatives to asylum?

      • Withholding of Removal
      • Convention Against Torture treaty
      • Cancellation of Removal
      • Prosecutorial Discretion

      How does an immigration attorney ascertain the strength of their client?s asylum application?

      • Impact of the Real ID ACT

        • Burden of proof
        • Corroborating Evidence
        • Credibility
        • Review standards

      • Evidence of actual harm necessary?
      • Grounds for humanitarian asylum
      • Changes in the country of origin affect asylum chances?
      • Major asylum bars
      • What are some examples of red flags?

      What is the time line for applying for asylum?

      • The One-Year Filing Deadline
      • Change in circumstances
      • Extraordinary circumstances

      The Asylum application process

      • Form I-589
      • What are some of the key information that must be included or excluded from the document?
      • Asylum Affidavit

        • How specific does the affidavit need to be?
        • What types of corroborating evidence is appropriate?

      What are key issues and best practices in the immigration court proceedings?

      • Master calendar and individual hearing
      • Admitting or Denying the Charges and Conceding Removability
      • Designating a Country of Removal
      • Requesting Relief before the Immigration Judge
      • Filing the Asylum Application
      • Background Checks
      • Requesting an Interpreter
      • Submitting Witness Lists and Documents

        • Material witnesses
        • Authentication of documents

      • The individual hearing

        • Rules of procedure and evidence
        • Opening statements
        • Examination of Witnesses
        • Closing Arguments
        • The Decision of the Immigration Judge

      • Reserving/Waiving Appeal Rights
      • Motions to Reconsider
      • The Notice of Appeal- What Needs to Go in It
      • Course Credit per State


        AK - Voluntary: 1.25 Credits
        AZ - General: 1.25 Credits
        CA - General: 1.25 Credits
        CO - General: 1.46 Credits
        MO - Self Study: 1.46 Credits
        NY - General: 1.0 Credits
        WA - General: 1.25 Credits
        WV - General: 1.46 Credits

        Course Presenter(s)

        Louis Gordon
        Louis Gordon (admitted in the District of Columbia, New Jersey and Pennsylvania only) has argued numerous cases before the Immigration Courts, Board of Immigration Appeals and U.S. Court of Appeals for the Ninth Circuit. He has a J.D. from the Benjamin Cardozo School of Law and a Ph.D. in Political Science from the University of Southern California.
        Course Price:
      $19.99
       
       

      Mastering Legal Malpractice Insurance

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      Mastering Legal Malpractice Insurance Details


      Price:
      $19.99

      Course Description

      Professional Liability Insurance veteran Paul Dorroh provides information of vital importance to every practitioner. This program covers all the basics about why and how to purchase malpractice insurance, how to best purchase it and how to properly manage it.

      Why buy malpractice insurance? Statistics indicate that the frequency of claims averages about 4% - similar to personal auto insurance, so it is not that unlikely to encounter a claim over the course of a legal career. You need to protect yourself, your clients ? and client relationships, avoid embarrassing disclosure of lack of coverage and meet specific insurance requirements of clients.

      How to Buy: Learn the difference between use of a broker or buying direct, how to evaluate insurers, how to compare quotes and coverage, how to complete an application and how to choose limits of liability and coverage. Learn how to manage your policy when there are changes in your practice, how to report ?claims,? how to handle renewals and possible availability of Tail Coverage.

      Course Agenda

    • Why buy malpractice insurance?
    • Protect yourself
    • Protect your clients - and client relationships
    • Avoid embarrassing disclosure of lack of coverage
    • Rule 3-410 Disclosure of Professional Liability Insurance
    • "A member who knows or should know that he or she does not have professional liability insurance shall inform a client in writing, at the time of the client's engagement of the member, that the member does not have professional liability insurance whenever it is reasonably foreseeable that the total amount of the member's legal representation of the client in the matter will exceed four hours."
    • Meet insurance requirements of clients: Businesses, governmental agencies and sophisticated individuals often have specific requirements for minimum amounts of professional liability insurance.
    • How to Buy Malpractice Insurance
    • Agent or broker vs. direct from insurer
    • Evaluating insurers
    • Co-Evaluating Policy Coverage
    • Completing an application
    • What is covered - errors and omissions vs. malpractice - is there a Who is covered - read this section carefully!
    • Exclusions - some traps for the unwary
    • The "Discovery Clause" and a common misconception
    • Who is covered - The obvious: current sole proprietor, shareholders, partners and employees, prior shareholders, partners, employees (but usually only while acting within scope of duties on behalf of Named)
    • The less obvious: What about of counsel, contract attorneys, firms, attorneys associated for specific matters
    • Exclusions - some traps for the unwary.
    • Definitions: This section can carve out other exceptions and limitations on coverage. For example, disgorgement or reduction of legal fees charged to the claimant is often carved out by the definition of The "discovery clause" and a common misperception
    • Choosing limits of liability and deductibles
    • Limits of liability - each claim and annual aggregate
    • Deductibles - each claim, loss only and aggregate
    • Prior Acts - what's possible and what's not
    • Managing your policy
    • Changes in your practice: Adding/deleting lawyers, merging practices.
    • Changes in Areas of Practice
    • Reporting "claims." Is it a claim? Does the insurer offer a "hotline" for confidential advice? Insurer's claims personnel may also offer guidance whether to report.
    • Renewals - when to shop around
    • Premium increases
    • Insurer status changes, e.g. financial downgrade
    • Coverage restrictions
    • Test the market periodically
    • Be aware of potential loss of "free tail" benefit
    • Understanding claims made premiums
    • Tail coverage: What is it? Extra time to report claims after final policy termination - either a finite or unlimited time. When is it an Issue? Do I need it? What does it cost?

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.3 Credits
      FL - General: 1.0 Credits
      IL - General: 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
      WA - General: 1.0 Credits
      WV - General: 1.26 Credits

      Course Presenter(s)

      Paul Dorroh, Esq.

      B.A., U.C. Berkeley
      J.D. Boalt Hall, U.C. Berkeley
      Active Member, the State Bar of California
      Licensed Insurance Agent-Broker in California

      Retired Senior Vice President, Marsh U.S. Consumer, a unit of Marsh & McLennan Companies, managing sponsored lawyers? professional liability insurance programs for a number of State Bar associations.

      Nearly 40 years of experience in designing, forming and managing professional liability insurance captive companies and commercially underwritten professional liability insurance plans for professional association of attorneys, physicians, dentists, allied health professionals and real estate professionals.

      Contact Information:
      Paul E. Dorroh
      Attorney at Law
      144 York Avenue
      Kensington, California 94708

    •   Course Price:
      $19.99
       
       

      Nuts and Bolts of NLRB Practice

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      Nuts and Bolts of NLRB Practice Details


      Price:
      $19.99

      Course Description

      Lawyers dealing with workplace issues need to know about labor law.  It is a fundamental and common mistaken belief that if workers are not represented by a union, the labor laws do not apply.

      While the vast majority of private sector employees, today, work without union representation, they are still covered and protected by labor laws.  Labor lawyers and employment lawyers need to know about the rights of employees under the National Labor Relations Act in order to understand the rights and duties of employees, employers, and labor unions.  This program will help labor and employment lawyers identify issues which may be regulated by NLRB in advising and representing their clients in this growing area of practice.

      The course will provide information on a number of topics.  The National Labor Relations Act and the rights it creates for employees in Section 7.  The importance and expanding notion of protected concerted activities protected by Section 7.  The applicability of protected concerted activity rights in union represented and unrepresented workplaces.  The representation election process administered by the National Labor Relations Board (NLRB).  New rules for the election process enacted by the NLRB, which took effect in April 2015.  The respective rights and duties of employees, employers, and labor unions in the election process.  NLRB's role in investigating and prosecuting both employers and labor unions for unfair labor practices when an employer or union is accused of violating employee rights.

      Course Agenda

      • Representation of Employees: Overview
      • Representation of Labor Unions: Overview
      • Representation of Employers: Overview
      • What Does NLRB Protect? Overview
      • NLRB in California
      • The NLRB?s Job
      • Representation Cases
      • NLRB Election Timetables and Cases
      • Post-Election Issues
      • Unfair Labor Practices Cases (Multiple)
      • Emerging Issues
      • Resources

        Course Credit per State


        AK - Voluntary: 1.0 Credits
        AL - On-Demand: 1.1 Credits
        AZ - General: 1.0 Credits
        CA - General: 1.0 Credits
        CO - General: 1.3 Credits
        CT - General: 1.0 Credits
        FL - General: 1.0 Credits
        GA - Self Study: 1.0 Credits
        IL - General: 1.0 Credits
        MO - Self Study: 1.2 Credits
        MS - General: 1.0 Credits
        NH - General: 1.08 Credits
        NJ - General: 1.2 Credits
        NY - General: 1.0 Credits
        PA - Distance Learning: 1.0 Credits
        TN - General: 1.08 Credits
        WA - General: 1.0 Credits
        WI - On-Demand: 1.0 Credits
        WV - General: 1.3 Credits

        Course Presenter(s)

        Thomas A. Lenz
        Experience

        Thomas Lenz is a senior partner handling all aspects of labor and employment law issues from the firm's Cerritos and Pasadena offices. He heads the firm's traditional labor and National Labor Relations Board practice. He works with employers in all major industries across California and the West. He currently services on the Executive Committee of the Labor and Employment Section for the State Bar of California. Tom began his law practice with the National Labor Relations Board, Region 21, in Los Angeles, where he investigated and tried unfair labor practice cases, ran workplace elections, and acted as an administrative hearing officer. Tom was assigned difficult cases, including numerous charges involving SEIU's Justice for Janitors campaign activity throughout Los Angeles, and the majority of his cases required work in the Spanish language. He received a formal commendation for his performance from the Agency's General Counsel.

        Education

        Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).

        Memberships

        Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).

        Awards and Recognitions

        Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.

        Course Price:
      $19.99
       
       

      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 - Mental Health - Substance Abuse : 1.0 Credits
      MO - Self Study: 1.22 Credits
      MT - : 1.0 Credits
      NC - Substance Abuse / Mental Health: 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
       
       

      Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know About Privacy Law

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      Privacy Best Practices for Lawyers: What Every Law Practice Needs to Know About Privacy Law Details


      Price:
      $19.99

      Course Description

      No matter what kind of law practice you have, you need to comply with privacy laws generally and lawyers' ethical duties with respect to privacy, specifically. In this presentation, legal ethics counsel Sarah Banola (Cooper, White and Cooper, LLP) and employment and privacy attorney Diana Maier (Law Offices of Diana Maier) deliver a primer on privacy law and teach you the key areas of privacy law and associated ethical obligations.

      Course Agenda

      • What Is Privacy Law?
      • What Is Privacy Law?
      • Why Is Privacy Law So Hot Right Now?
      • Why Is Privacy Law So Hot Right Now?
      • How Do We Practice Good Privacy?
      • Issue Spotting for Privacy Violations
      • Privacy Practices for Attorneys
      • Privacy Practices for Attorneys ? The Risks Of Noncompliance
      • Law Firms Are Not Immune
      • Sensitive Client Data Collection by Firms
      • Storage of Personal Information
      • Data Retention & Destruction
      • Ethical Obligations
      • Duty of Confidentiality ? California Law
      • Duty of Confidentiality ? Model Rule 1.6
      • Duty of Confidentiality And Use Of Social Media
      • Duty of Communication
      • Ethics Opinions
      • Cloud Computing
      • Privacy Practices for Attorneys - Service Provider Management
      • Privacy Practices for Attorneys ? The Risks of Noncompliance With Fiduciary Duties
      • Checklist
      • Resources

      Course Credit per State


      AL - On-Demand: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.2 Credits
      CT - General: 1.0 Credits
      FL - General: 1.0 Credits
      GA - Self Study: 1.0 Credits
      IL - General: 1.0 Credits
      MO - Self Study: 1.2 Credits
      NH - General: 1.0 Credits
      NJ - Ethics: 1.2 Credits
      NY - General: 1.0 Credits
      PA - Distance Learning: 1.0 Credits
      TN - General: 1.0 Credits
      WI - On-Demand: 1.0 Credits
      WV - General: 1.2 Credits

      Course Presenter(s)

      Diana Maier

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

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

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

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

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

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

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

      Sarah J. Banola

      Sarah Banola is a senior counsel in the litigation department at Cooper, White & Cooper LLP's San Francisco office. She concentrates her practice in the areas of employment law and professional responsibility. Her employment law background includes defense of claims of discrimination, wrongful termination, harassment and wage and hour violations.   Ms. Banola also counsels clients on employee separations, severance agreements, classification of employees as exempt or non-exempt, disability, leave and accommodation issues, and personnel policies. She has represented employers in proceedings before the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, the Workers' Compensation Appeals Board, the Employment Development Department, the California Labor Commissioner, the Division of Occupational Safety and Health, and the National Labor Relations Board.  Ms. Banola also represents lawyers and law firms in matters related to legal ethics, legal negligence, attorney-client fee disputes, professional discipline, State Bar admission, conflicts of interest, disqualification motions and law firm break-ups.

      She earned her B.A. from Grinnell College in 1999 and her J.D. with honors in 2002 from Rutgers School of Law-Newark and was inducted into the Order of the Coif.  While at Rutgers, Ms. Banola served as an Articles Editor for the Computer and Technology Law Journal and Vice Chair of the Public Interest Law Foundation. She also was the recipient of the second place award for the California Western Law Review Intellectual Property Writing Competition.

      After law school, Ms. Banola served as a law clerk to the Honorable Louisa S. Porter, Magistrate Judge for the Southern District of California, and as a law clerk to the Honorable James J. Petrella, Presiding Judge of the Appellate Division for the Superior Court of New Jersey.  Prior to joining Cooper in May 2007, Ms. Banola was a commercial litigation associate at Simpson Thacher & Bartlett LLP's Palo Alto office.

      Ms. Banola is a member of the State Bar of California, the Bar Association of San Francisco, and the Association of Professional Responsibility Lawyers. She serves as Vice Chair of the Bar Association of San Francisco's Legal Ethics Committee and volunteers with the Bar Association of San Francisco's Consumer Debt Defense and Education Clinic. She served as a co-chair for the Queen's Bench Amicus Briefs Committee in 2008. She is admitted to practice before the United States District Courts for the Northern and Eastern Districts of California and before the Ninth Circuit Court of Appeals.

        Course Price:
      $19.99
       
       

      Protecting Minors: Human Trafficking, Child Exploitation & the Law

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      Protecting Minors: Human Trafficking, Child Exploitation & the Law Details


      Price:
      $19.99

      Course Description

      This session explores the current landscape ? legal and social - of the issues surrounding child exploitation and domestic minor sex trafficking (DMST). Providing an overview for attorneys to become aware of the concerns, resources and legal recourses to help assist their clients and their community in finding resolutions to this important subject. Topics include: Federal Trafficking Victims Protection Act and its reauthorizations; state laws and Polaris state ratings regarding legislation to combat DMST; review of various surveys and research regarding DMST, the business and the victims; tips as to what lawyers can do and how they can help; and resources to assist.

      Course Agenda

      Overview

      • Setting the Context ? What is DMST?
      • The Victim
      • The Traffickers
      • as a Business
      • Social Change
      • Attorneys and this Issue
      • Resources

      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: 1.2 Credits
      CT - General: 1.0 Credits
      FL - General: 1.0 Credits
      GA - Self Study: 1.0 Credits
      IL - General: 1.0 Credits
      IN - Distance Education: 1.0 Credits
      KY - General: 1.0 Credits
      NC - General: 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: 1.0 Credits
      WA - General: 1.0 Credits
      WI - On-Demand: 1.0 Credits
      WV - General: 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
       
       

      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 Assault on Independent Contractors

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      The Assault on Independent Contractors Details


      Price:
      $19.99

      Course Description

      This programs examines what happens when a business misclassifies workers as consultants or independent contractors (anything other than employees), when under federal or state law they should have been treated as employees of the business. The instructors examine the risks of misclassification and provide an in depth review of the criteria utilized by various government agencies to determine classification. They also review enforcement issues and discuss current cases which address this highly charged employment law area. In addition, they provide an example of an Independent Contractor Agreement and address the main points which should be included.

      Course Agenda

      • "Misclassification" - What Is It?
      • Benefits of Using Independent Contractors
      • Risks
      • IRS Criteria
      • Rulings/Risks/Pitfalls
      • Determinations/Rulings
      • How Do I Know If a Worker is Properly Classified?
      • Independent Contractor vs. Employee Factors
      • Independent Contractor Agreement

      Course Credit per State


      AL - On-Demand: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.2 Credits
      CT - General: 1.0 Credits
      FL - General: 1.0 Credits
      GA - Self Study: 1.0 Credits
      IN - Distance Education: 1.0 Credits
      MO - Self Study: 1.2 Credits
      NH - General: 1.0 Credits
      NY - General: 1.0 Credits
      PA - Distance Learning: 1.0 Credits
      TN - General: 1.0 Credits
      WA - General: 1.0 Credits
      WI - On-Demand: 1.0 Credits
      WV - General: 1.2 Credits

      Course Presenter(s)

      Cindy Strom Arellano
      Experience

      Cindy Strom Arellano, head of the business and tax team, is a senior partner in the Cerritos office. Ms. Arellano?s practice focuses on employee benefits and executive compensation, qualified and nonqualified deferred compensation and retirement plans, health and welfare benefit plans, ERISA, tax audits and other tax controversy matters, and MBE/WBE/DBE certification. She also works with nonprofits, including educational foundations, auxiliary organizations, charitable organizations, and trade associations, and represents clients in general corporate transactional matters, business formations, compensation structuring, and mergers and acquisitions. Ms. Arellano regularly assists clients with drafting and reviewing executive and deferred compensation plans and agreements and advises both public and private sector clients on a variety of issues relating to 401(k), 403(b), 457 and other deferred compensation/retirement plans. She also assists clients with controlled group issues and with correcting qualified plan errors through IRS and DOL compliance programs. In addition, Ms. Arellano has considerable experience counseling clients with respect to their health and welfare benefit plans, Section 125 cafeteria plans, GASB 43 and 45 plans, voluntary disability plans, fringe benefit arrangements, and COBRA issues arising in mergers, acquisitions and/or restructuring of businesses. Ms. Arellano has represented numerous clients in the trucking, construction, entertainment, and other industries in connection with tax audits and controversies with the Employment Development Department (EDD), Internal Revenue Service (IRS), Franchise Tax Board (FTB) and State Board of Equalization (SBE). Audits and tax controversies handled by Ms. Arellano have covered a multitude of issues, including worker misclassification, sales, income and employment tax disputes and trust fund recovery penalty assessments. Ms. Arellano has successfully appealed many tax assessments, and has negotiated many favorable alternate payment arrangements and settlements of disputed tax liabilities on behalf of clients who are in collections, under audit, or who have a pending appeal of an assessment by the IRS, EDD, SBE and/or FTB.

      Education

      Ms. Arellano received a Bachelor of Arts degree in psychology from the University of Central Florida and her Juris Doctor, with distinction, from the University of Nebraska at Lincoln, where she was a member of the Order of the Coif. While at the University of Nebraska, Ms. Arellano served as a staff member of the Nebraska Law Review. Ms. Arellano received her LL.M. in taxation from the University of San Diego.

      Thomas A. Lenz
      Experience

      Thomas Lenz is a senior partner handling all aspects of labor and employment law issues from the firm's Cerritos and Pasadena offices. He heads the firm's traditional labor and National Labor Relations Board practice. He works with employers in all major industries across California and the West. He currently services on the Executive Committee of the Labor and Employment Section for the State Bar of California. Tom began his law practice with the National Labor Relations Board, Region 21, in Los Angeles, where he investigated and tried unfair labor practice cases, ran workplace elections, and acted as an administrative hearing officer. Tom was assigned difficult cases, including numerous charges involving SEIU's Justice for Janitors campaign activity throughout Los Angeles, and the majority of his cases required work in the Spanish language. He received a formal commendation for his performance from the Agency's General Counsel.

      Education

      Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).

      Memberships

      Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).

      Awards and Recognitions

      Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.

        Course Price:
      $19.99
       
       

      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 Eighth Amendment and the Mentally Ill on Death Row

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      The Eighth Amendment and the Mentally Ill on Death Row Details


      Price:
      $19.99

      Course Description

      On August 8, 2006, the American Bar Association passed Resolution 122A, recommending that individuals with severe mental illness be exempt from the death penalty. Both the American Psychological Association and the American Psychiatric Association presented policy positions that concurred with the ABA?s position. To date, only one state ? Connecticut has passed legislation barring persons with mental illness from the death penalty.

      This course will discuss the current legal status of mentally ill defendants as it relates to the death penalty. Professor Michael Benza will start discussion by presenting eight key Supreme Court rulings since 1972 that had a direct impact in the formation of protected status for the mentally retarded and minors from the death penalty. Starting with Furman v. Georgia and ending with Atkins v. Virginia, Mr. Benza explores the evolving positions of the Supreme Court over the last 40 years. Mr. Benza will discuss the similar characteristics between persons with mental retardation and those with mental illness. The course then examines the current legal status of persons with mental illness and the death penalty. After Connecticut, which state is next? What are the challenges to pass legislation? What is the legal system doing without a ?red-line? statute barring the mentally ill from death row? Does the death penalty provide a general deterrence from those with mental illness? Can society achieve satisfactory retribution? The course will end with a question and answer session, taking questions from the attending audience.

      Course Agenda

      PROTECTED GROUPS AND CAPTIAL PUNISHMENT

      SUPREME COURT DECISIONS

    • Furman v. Georgia
    • Gregg v. Georgia
    • Lockett v. Ohio
    • Eddings v. Oklahoma
    • Enmund v. Florida
    • Stanford v. Kentucky
    • Penry v. Lynaugh
    • Atkins v. Virginia
    • MENTAL RETARDATION VS MENTAL ILLNESS

    • Very similar characteristics
      • Less culpable for their actions
      • Diminished capacity
      • Issues with false confessions
      • Impulsivity
      • Suggestibility
      • Lack of premeditation

      CURRENT STATUS OF MENTALL ILLNESS AND CAPITAL PUNISHMENT

    • Current legal status
      • Statutes and pending legislation
    • Evolving standard of decency
      • What are judges and juries doing?
      • What are prosecutors doing?
      • What is the position of medical associations?
    • Mental Illness and Theories of Punishment
      • Does capital punishment provide general deterrence?
      • Does it properly fulfill society?s need for retribution?

      QUESTION AND ANSWER SESSION

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.22 Credits
      NY - General: 1.0 Credits
      WV - General: 1.22 Credits

      Course Presenter(s)

      Michael Benza

      Michael Benza received his Bachelor of Arts (1986) and law degrees (1992) from Case Western Reserve University. He also received a Master of Arts degree in Clinical Psychology (1988) from Pepperdine University. He was the 1992 Biskind Fellow from CWRU School of Law and spent a year working for the Legal Resources Centre, a civil and human rights law firm in South Africa. Upon returning to the States, he spent four years in the Capital Defense Unit at the Office of the Ohio Public Defender. He was assistant counsel at the Cleveland Bar Association working with the Certified Grievance Committee as well as other committees. Michael Benza teaches Criminal Law, Criminal Procedure I, Death Penalty Issues, and the Death Penalty Lab, and coached the Mock Trial team.

      Michael Benza continues to represent death row inmates in state courts and federal habeas proceedings. He has litigated capital cases in state trial courts, state appellate and post-conviction courts, and federal courts including arguing Smith v. Spisak before the Supreme Court of the United States.

        Course Price:
      $19.99
       
       

      The Ethics of Aging Clients

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      The Ethics of Aging Clients Details


      Price:
      $19.99

      Course Description

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

      Course Agenda

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

      Course Credit per State


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

      Course Presenter(s)

      Carolyn Rosenblatt

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

      Dr. Mikol Davis

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

        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 Five Fundamentals of Federal Employment Law

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      The Five Fundamentals of Federal Employment Law Details


      Price:
      $24.99

      Course Description

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

      Course Agenda

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

        Course Credit per State


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

        Course Presenter(s)

        David Graulich, Esq.

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

        Course Price:
      $24.99
       
       

      The Privacy Paradox: Drones Discussion

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      The Privacy Paradox: Drones Discussion Details


      Price:
      $19.99

      Course Description

      The military?s reliance of drones for intelligence gathering and eliminating high value targets has been a cornerstone of the United State?s decade long war on terrorism. Drone technology is now migrating to both the public and commercial sectors. Congress has recently made the first step to having drones a common site over U.S. cities and towns by ordering the Federal Aviation Administration to change its airspace rules. These rule changes would make it much easier for police nationwide to use domestic drones. The increased and regular use of aerial surveillance by these drones could profoundly change the character of public life in America.

      This course will examine how drones will challenge current laws on privacy and free speech. A panel of legal and industry experts will discuss how the benefits of drone technology have to be balanced with legitimate privacy concerns. Panelists will explore the current state of drone technology in the civilian marketplace and their possible impact on law enforcement, business development and civil liberties. Who should direct drone policy and how safe are drones from malicious third party technical hacks? The panelists will explain how both the First and Fourth Amendments could be threatened by drone technology. The presentation will end with a Question and Answer session related to how drones will affect issues such as property rights, trespassing laws, and other civil liberties and freedoms.

      Course Agenda

      WHAT ARE DRONES?

    • What are drones?
    • Drone Manufacturers
    • Civilian Use Cases
      • Ariel mapping
      • Precision agriculture
      • Traffic monitoring
      • Law enforcement
      • Disaster relief
      • Border security
      • Search and Rescue
      • Mineral surveys
      • Carbon credit verification

      DRONES AND PRIVACY

    • How does public surveillance affect privacy and the community?
      • People modify their behaviors when they know they are under surveillance
      • Chilling effect on people?s 1st Amendment expressive activities
      • Voyeurism
      • Unlawful tracking of citizens
    • Scope of surveillance unclear
      • Drones can easily be modified to carry weaponry
        • Guns, beanbag guns, tasers
      • Street cameras vs Drones
        • Street Cameras
        • Fixed positions
        • Defined public areas
      • Drone mounted cameras
        • Surveillance from a public vantage
        • Inside private property ? back yards and patios
      • California v. Ciraolo
        • No warrant for police helicopters needed for probable cause
      • United States v. Jones
        • Technology is cheap and easy to use and abuse
    • Who should set drone limits?
    • Policy by procurement
      • Law enforcement agency budgets and need
      • Public may not know for years
    • Drone Security Issues
      • Video hacks
        • Loss of control
        • Safety issues
        • Access to video surveillance
      • No current security standards for drones
      • Case Study: Police employ Predator drone spy planes on home front
        • LA Times article
        • Customs and Border Patrol lent out drones to local police
        • Opens possibility for use of drones
      • Commercial use vs. Law Enforcement
        • Privacy use
        • Weaponization of drones

      Q & A

    • What about the chilling effect drones can instill with reducing crime? What about the positive effects of surveillance?
    • What about the freedom to observe? First amendment rights?
    • What are the principle drivers of drone technology in the civilian market?
    • How will drones violate property rights?
    • How likely will congress pass new laws relating to trespassing issues for drone?
    • If police drones are targeting specific ethnic groups, are they violating the 4th Amendment?
    • Why did the FAA feel the need to completely ban the commercial use of drones?
    • If citizens want protection (by drone surveillance) can we change the law?
    • Course Credit per State


      AK - Voluntary: 1.25 Credits
      CA - General: 1.25 Credits
      CO - General: 1.64 Credits
      NY - General: 1.5 Credits
      WV - General: 1.64 Credits

      Course Presenter(s)

      Ryan Calo

      Ryan Calo is an assistant professor at the University of Washington School of Law and a former research director at CIS. A nationally recognized expert in law and emerging technology, Mr. Calo?s work has appeared in the New York Times, the Wall Street Journal, NPR, Wired Magazine, and other news outlets.

      Mr. Calo serves on several advisory committees, including the Electronic Frontier Foundation, the Electronic Privacy Information Center, and the Future of Privacy Forum. He co-chairs the American Bar Association Committee on Robotics and Artificial Intelligence and serves on the program committee of National Robotics Week.

      Catherine Crump
      Catherine Crump is an attorney with the American Civil Liberties Union. She litigates cases on many issues, from challenges to invasive government surveillance programs, to protecting the right to engage in political protest, to suing police officers for excessive force. Current cases include constitutional challenges to the government?s authority to engage in suspicionless searches of laptops at the international border and to its assertion that it can track the location of cell phones without a warrant.
      Stephen Morris

      Stephen Morris is a well-known authority in the design and operation of small UAVs. He is the president MLB Co. of Mountain View, California. MLB produces miniature, unmanned aircraft for commercial and government use. Dr. Morris has developed surveillance aircraft ranging in size from 6 inches to 6 feet, many of which operate autonomously. He has been the lead engineer for the design, development, and testing of airframe, flight control, and flight software for more than 20 UAV prototype aircraft and has over 1000 hours logged as a UAV operator.

      He has also served as a consultant for companies designing and building unmanned aircraft. In addition to his experience at MLB, Dr. Morris? has previous engineering experience at the Lockheed-Martin Advanced Technology Center, Aurora Flight Sciences, and Boeing Aerospace. He is a member of AUVSI, the Association for Unmanned Vehicle Systems International. Dr. Morris has won numerous awards for his UAV development activities. He has a Ph.D. in Aeronautics and Astronautics, Stanford University, 1990; an MS in Aeronautics and Astronautics, Stanford University, 1984; and a BS in Mechanical Engineering, Bucknell University, 1983.

        Course Price:
      $19.99
       
       

      The Privacy Paradox: First Amendment, Torts, and Privacy

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      The Privacy Paradox: First Amendment, Torts, and Privacy Details


      Price:
      $19.99

      Course Description

      This course explores the intersection of the First Amendment, torts, and privacy. This panel, made up of experienced attorneys in the field of civil litigation, civil liberties, and constitutional law, will discuss three recent Supreme Court decisions and the impact and implications to privacy for the average citizen.

      The panel will review Snydr v. Phelps, Sorrell v. IMS Health Inc. and United States v. Jones. In each case, the panel will present the background story, the case ruling, and provide commentary and analysis of the Supreme Court opinion. The next part of the panel discussion will examine whether tort law undermines privacy concerns. What are the effects of government intrusions on tort litigation? What are the underlying legal obligations? Who should decide the right balance of privacy costs versus safety benefits ? judges or legislatures? The course will end with a question and answer session, taking questions from the attending audience.

      Course Agenda

      RECENT SCOTUS OPINIONS

    • Snydr v. Phelps
      • Case Background
      • Case Opinion
      • Analysis and Commentary
    • Sorrell v. IMS Health Inc.
      • Case Background
      • Case Opinion
      • Analysis and Commentary
    • United States v. Jones
      • Case Background
      • Case Opinion
      • Analysis and Commentary

      TORT LAW VS. PRIVACY

    • How does Tort Law undermine privacy?
      • Negligence Law
      • Effects on government intrusions
      • Underlying legal duties
      • Classic examples
      • Weighing privacy costs vs. safety benefits
      • Weighing privacy costs vs. safety benefits: who?

      Course Credit per State


      AK - Voluntary: 1.75 Credits
      CA - General: 1.75 Credits
      CO - General: 2.02 Credits
      NY - General: 2.0 Credits
      WV - General: 2.02 Credits

      Course Presenter(s)

      Simon Frankel

      A litigator with more than two decades of experience, Simon Frankel focuses his practice on copyright and trademark litigation, technology and Internet privacy disputes, and legal issues related to visual art. He is the chair of the firm?s Intellectual Property Rights practice group.

      Mr. Frankel?s intellectual property work includes anti-counterfeiting measures with U.S. Customs and Border Protection, right of publicity matters, and policy work before the U.S. Copyright Office in rule-making and related proceedings. He has been recognized as a leading intellectual property lawyer by several publications, including Best Lawyers and Benchmark Litigation.

      His other civil litigation work includes numerous licensing and technology disputes and consumer class actions, including unfair competition and false advertising claims under California Business and Professions Code Section 17200, and Internet privacy claims under the Electronic Communications Privacy Act and Computer Fraud and Abuse Act.

      Mr. Frankel is a recognized authority in the field of art law, where he has handled disputes involving cultural property claims, title disputes, moral rights claims, and resale royalties. On behalf of the Museum of Fine Arts, Boston, he won summary judgment in a dispute over ownership of a valuable Austrian Expressionist painting. Museum of Fine Arts, Boston v. Seger-Thomschitz (1st Cir. 2010).

      Cindy Cohn

      Ms. Cohn is the Legal Director for the Electronic Frontier Foundation as well as its General Counsel. She is responsible for overseeing the EFF's overall legal strategy and supervising EFF's twelve staff attorneys. Ms. Cohn first became involved with the EFF in 1995, when the EFF asked her to serve as the outside lead attorney in Bernstein v. Dept. of Justice, the successful First Amendment challenge to the U.S. export restrictions on cryptography. Outside the Courts, Ms. Cohn has testified before Congress, been featured in the New York Times, San Francisco Chronicle and elsewhere for her work on digital rights and has gone onto the Internet with Stephen Colbert.

      The National Law Journal named Ms. Cohn one of 100 most influential lawyers in America in 2006 for "rushing to the barricades wherever freedom and civil liberties are at stake online," and again in 2013, noting: "[I]f Big Brother is watching, he better look out for Cindy Cohn." In 2007 the National Law Journal named her one of the 50 most influential women lawyers in America. In 2010 Intellectual Property Section of the State Bar of California awarded her its Intellectual Property Vanguard Award and in 2012 the Northern California Chapter of the Society of Professional Journalists awarded her the James Madison Freedom of Information Award.

      Tom Goldstein

      Mr. Tom Goldstein was a founding partner of Goldstein and Howe (now Goldstein & Russell), a Washington, D.C. firm specializing in Supreme Court litigation, and was, until the end of 2010, a partner at Akin Gump, where he was co-head of the litigation and Supreme Court practices. He has since returned to his previous firm.

      In 2003, he co-founded SCOTUSblog, the most widely read blog covering the Supreme Court, and remains the publisher and occasional contributor, providing analyses and summaries of Supreme Court decisions and cert petitions. Tom teaches Supreme Court Litigation at Harvard Law School and previously taught at Stanford Law School as well from 2004-2012.

      Jeffrey Rosen

      Jeffrey Rosen is a professor of law at The George Washington University and the legal affairs editor of The New Republic. His most recent book is The Supreme Court: The Personalities and Rivalries that Defined America. He also is the author of The Most Democratic Branch, The Naked Crowd, and The Unwanted Gaze. Rosen is a graduate of Harvard College, summa cum laude; Oxford University, where he was a Marshall Scholar; and Yale Law School.

      Professor Rosen's essays and commentaries have appeared in the New York Times Magazine, The Atlantic Monthly, on National Public Radio, and in The New Yorker, where he has been a staff writer. The Chicago Tribune named him one of the 10 best magazine journalists in America and the L.A. Times called him, "the nation's most widely read and influential legal commentator."

      Eugene Volokh

      Eugene Volokh teaches free speech law, criminal law, tort law, religious freedom law, and church-state relations law at UCLA School of Law, where he has also often taught copyright law and a seminar on firearms regulation policy. Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit.

      Volokh is the author of the textbooks The First Amendment and Related Statutes (4th ed. 2011), The Religion Clauses and Related Statutes (2005), and Academic Legal Writing (4th ed. 2010), as well as over 70 law review articles and over 80 op-eds, listed below. He is a member of The American Law Institute, a member of the American Heritage Dictionary Usage Panel, and the founder and coauthor of The Volokh Conspiracy, a Weblog that gets about 20,000 visits per weekday.

        Course Price:
      $19.99
       
       

      The Privacy Paradox: Health And Medical Privacy

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      The Privacy Paradox: Health And Medical Privacy Details


      Price:
      $19.99

      Course Description

      The poor quality and high cost of health care in the U.S. is well documented. The widespread adoption of electronic medical records?for purposes of improving quality and reducing costs?is key to reversing these trends. But federal privacy regulations do not set clear and consistent rules for access to health information to improve health care quality. Consequently, the regulations serve as a disincentive to robust analysis of information in medical records and may interfere with efforts to accelerate quality improvements.

      This course explores the current state of healthcare privacy regulations, the challenges of balancing commercial interests with patient privacy, and how the Affordable Health Care for America Act will affect privacy concerns. The panel, made up of seasoned attorneys and healthcare professionals, will explain who is affected by current healthcare privacy laws under the Health Insurance Portability and Accountability Act (HIPAA) and privacy regulations (the Privacy Rule). What kind of information is considered private? Who can access this information and for what purposes? Can researchers have access to data for purposes beyond individual treatment (often referred to as ?secondary? uses)? The course ends with a Question and Answer session, taking questions from the attending audience.

      Course Agenda

      HOW DOES HEALTHCARE PRIVACY DIFFER FROM OTHER PRIVACY ISSUES?

      HEALTH INFORMATION PRIVACY LAWS

    • The Health Insurance Portability and Accountability Act of 1996
    • The Health Information Technology for Economic & Clinical Health Act
    • Who is covered in these rules?
      • Covered entities
      • Business Associates
    • What kind of information is covered under these rules?
      • Past, present, and future medical history
      • Identifiable markers
    • How can the information be used under these rules?
    • HEALTH CARE PRIVACY CHALLENGES

    • Healthcare data collection by Non-healthcare corporations and organizations
    • Technology changing dynamics of privacy
    • Data identifiable vs de-Identifiable healthcare information
    • Is healthcare data ever fully protected?
      • First mistakes
      • Misuse of data by authorized healthcare professionals
      • Theft of data by third parties
      • Authorized access by law enforcement

      THE BALANCE BETWEEN COMMERCIAL INTERESTS AND PRIVACY

      HOW WILL THE AFFORDABLE HEALTH CARE FOR AMERICA ACT AFFECT PRIVACY CONCERNS?

      QUESTIONS AND ANSWERS SESSION

    • Are DNA samples considered de-Identifiable healthcare information?
    • Does HIPAA cover DNA data collection activity?
    • Should data collection standards differ between academia vs. For-profit organizations?
    • Would the introduction of a national ?Unique Patient Identifier? program improve privacy?
    • What are the penalties for HIPAA violations?
    • How can consumers protect their healthcare information from insurance companies?
    • How can consumers be better involved in healthcare privacy rule making?
    • Course Credit per State


      AK - Voluntary: 1.5 Credits
      CA - General: 1.5 Credits
      CO - General: 1.82 Credits
      NY - General: 1.5 Credits
      WV - General: 1.82 Credits

      Course Presenter(s)

      Dr. Russ Biagio Altman
      Dr. Russ Altman is a scientist at Stanford University Medical School, where he is chair of the department of Bioengineering and director of the program in Biomedical Informatics. He is a past president and one of the founding members of the International Society for Computational Biology. He is also an attending physician in Menlo Park, California, and is the principal investigator for the PharmGKB knowledgebase.
      Deven McGraw

      Ms. Deven McGraw is the Director of the Health Privacy Project at CDT. The Project is focused on developing and promoting workable privacy and security protections for electronic personal health information. Ms. McGraw is active in efforts to advance the adoption and implementation of health information technology and electronic health information exchange to improve health care. She was one of three persons appointed by Kathleen Sebelius, the Secretary of the U.S. Department of Health & Human Services (HHS), to serve on the Health Information Technology (HIT) Policy Committee, a federal advisory committee established in the American Recovery and Reinvestment Act of 2009.

      Ms. McGraw has a strong background in health care policy. Prior to joining CDT, Ms. McGraw was the Chief Operating Officer of the National Partnership for Women & Families, providing strategic direction and oversight for all of the organization's core program areas, including the promotion of initiatives to improve health care quality.

      Geff Brown
      Mr. Geff Brown is a Senior Attorney in the Regulatory Affairs group of Microsoft Corporation's Legal and Corporate Affairs Department in Redmond, Washington. Since rejoining Microsoft in 2007, Mr. Brown has counseled Microsoft businesses on privacy and data protection issues, with a current focus on cross-border data flows, cloud privacy, and the collection and use of health information. Mr. Brown has been responsible for providing privacy advice for several Microsoft products including Office 2010 and Windows 7. Most recently he has provided privacy and data protection advice to Microsoft's enterprise cloud services, including CRM Online, Office 365, Windows Azure, and Windows Intune. He has also supported several internal Microsoft functions, consumer services such as Microsoft HealthVault and Xbox LIVE, and several Microsoft Research projects. part of Microsoft Exchange.
      Kevin Milne
      Mr. Kevin Milne teaches free speech law, criminal law, tort law, religious freedom law, and church-state relations law at UCLA School of Law, where he has also often taught copyright law and a seminar on firearms regulation policy. Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit. Volokh is the author of the textbooks The First Amendment and Related Statutes (4th ed. 2011), The Religion Clauses and Related Statutes (2005), and Academic Legal Writing (4th ed. 2010), as well as over 70 law review articles and over 80 op-eds, listed below. He is a member of The American Law Institute, a member of the American Heritage Dictionary Usage Panel, and the founder and coauthor of The Volokh Conspiracy, a Weblog that gets about 20,000 visits per weekday.
      Hank Greely
      Mr. Hank Greely specializes in the ethical, legal, and social implications of new biomedical technologies, particularly those related to neuroscience, genetics, or stem cell research. He frequently serves as an advisor on California, national, and international policy issues. He is chair of California?s Human Stem Cell Research Advisory Committee and served from 2007-2010 as co-director of the Law and Neuroscience Project, funded by the MacArthur Foundation. Active in university leadership, Professor Greely chairs the steering committee for the Stanford Center for Biomedical Ethics and directs both the law school?s Center for Law and the Biosciences and the Stanford Interdisciplinary Group on Neuroscience and Society. Before joining the Stanford Law School faculty in 1985, Greely was a partner at Tuttle & Taylor, served as a staff assistant to the secretary of the U.S. Department of Energy, and as special assistant to the general counsel of the U.S. Department of Defense. He served as a law clerk to Justice Potter Stewart of the U.S. Supreme Court and to Judge John Minor Wisdom of the Court of Appeals for the Fifth Circuit.
        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
       
       

      The Role of Compliance

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      The Role of Compliance Details


      Price:
      $39.99

      Course Description

      In this program seasoned attorney and Chief Compliance Officer Charles A Christofilis provides attorneys with an overview of the laws and rules which govern the area of compliance, the many legal areas in which the compliance officer must operate, the "four pillars" of compliance, and numerous case examples in which inadequate compliance has resulted in major adverse consequences for companies.

      He addresses how to develop. Implement and test a Compliance Program in virtually and industry, and does a deep dive into the financial services and public company space. Specifically, the roles of the SEC and other agencies, the Investment Advisers Act, the Anti-Money Laundering provisions under the Patriot Act (with numerous examples), the FCPA and the necessity of internal audits and mock examinations.

      Finally, he concludes with how to manage regulatory examinations and investigations as opposed to more traditional civil or criminal litigation, and respond to compliance failures from a crises management perspective when they occur.

      Course Agenda

      • Why Compliance is increasingly important
      • How to develop, implement and test a Compliance Program;
      • Financial, Healthcare, IT and Public company (SOX) Implications)
      • Four Pillars of Compliance:
        • Controls;
        • Testing;
        • Ownership; and
        • Training.
      • Annual Review Process;
      • Liability / Conflicts;
      • Civil, Criminal and Reputational Implication / Crises Management.

      Course Credit per State


      AK - Voluntary: 2.0 Credits
      AL - On-Demand: 2.0 Credits
      AZ - General: 2.0 Credits
      CA - General: 2.0 Credits
      CO - General: 2.34 Credits
      CT - General: 2.0 Credits
      FL - General: 2.5 Credits
      GA - Self Study: 2.0 Credits
      IL - General: 1.75 Credits
      IN - Distance Education: 2.0 Credits
      KY - General: 1.75 Credits
      MO - Self Study: 2.34 Credits
      MS - General: 2.0 Credits
      NC - General: 1.75 Credits
      NH - General: 2.0 Credits
      NJ - General: 2.3 Credits
      NY - General: 2.0 Credits
      PA - Distance Learning: 2.0 Credits
      TN - General: 1.95 Credits
      UT - Self Study: 2.0 Credits
      WA - General: 2.0 Credits
      WI - On-Demand: 2.0 Credits
      WV - General: 2.34 Credits

      Course Presenter(s)

      Charles A. Christofilis, Esq.

      Charles A. Christofilis, Esq. has served as Chief Compliance Officer (?CCO?), Senior Counsel and/or General Counsel for Investment Advisers and Broker-Dealers for over a decade. Mr. Christofilis received a J.D. from Touro Law, an MBA in finance from the University of San Francisco a Bachelor?s degree in management from Pace University in New York and is a Certified Anti-Money Laundering Specialist. Mr. Christofilis is an attorney admitted to the bars of New York, New Jersey and California (CA In-House Counsel) and has Series 7, 63, 24, 79 and 27 designations from FINRA.

        Course Price:
      $39.99
       
       

      The United States Tax Benefits of Exporting

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      The United States Tax Benefits of Exporting Details


      Price:
      $19.99

      Course Description

      Veteran South Florida Tax Attorney Richard S. Lehman will explain the "IC-DISC" a hidden gem in the tax code.

      U.S. taxpayers that sell, lease or license "export property" which is manufactured, produced or grown in the United States (more than 50% of the DISC materials sold must be made in America), can take advantage of strong support for their export profits in the Internal Revenue Code.

      The IC-DISC has been approved as an acceptable tax planning entity for the export of American produced computer software and programs as early as 1985. In 1998, a very detailed set of Treasury Regulations was issued that has added certainty to this area of the law.

      Course Agenda

    • Part One
    • I. The IC-DISC
      • A) The IC-DISC must sell, lease, license or service "export property".
      • B) Export property means property manufactured, produced, grown or extracted in the United States, held for sale, lease or rental, in the ordinary course of business for use, consumption or disposition outside the United States and Not more than 50% of the fair market value of which is attributed to articles imported into the United States.
      • C) Services furnish by DISC.
    • II. IC-DISC Requirements
      • A) A corporation taxable as a corporation, must be formed under the laws of any State or the District of Columbia to be the IC-DISC.
      • B) The corporation must have only one class of stock and minimum capital of $2,500. The IS-DISC shareholders may be related to the IC-DISC.
      • C) The IC-DISC must take a tax election to be an IC-DISC that must be filed with the Internal Revenue Service within 90 days after the beginning of the tax year of the IC-DISC.
      • D) The IC-DISC must maintain separate books and records.
      • E) The IC-DISC must have a certain amount of Qualified Export Assets.
      • F) The IC-DISC must receive a certain amount of Qualified Export Receipts.
    • III. The Tax Benefits
      • A) Tax Deferral
      • B) Major Savings
    • IV. The Commission Payments
      • A) Gross Receipts Method
      • B) Taxable Income Method
      • C) Arm's Length Method
    • V. Payment

    • VI. Examples

    • Part Two
    • I. The DISC Export Property Definition and Software
      • A) Manufactured, produced, grown or extracted in the United States by a person other than a DISC.
      • B) Held primarily for sales lease or rental, in the ordinary court of trade or business, by, or to, a DISC, for direct use, consumption or disposition outside the United States.
      • C) Not more than 50 percent of the fair market value of which is attributable to articles imported into the United States.
    • II. Copyrights and Copyright Articles

    • III. Treasury Regulations 1.861.18

    • IV. Transfer Classification
      • A) A sale or exchange of the legal rights constituting a copyright.
      • B) A license of a copyright.
      • C) A sale or exchange of an article produced under a copyright.
      • D) A lease of an article produced under a copyright.
    • V. Source of Income for Sales of Copyrighted Articles
      • A) Source of Income - Sales
      • B) Source of Income - Leases Partial Transfer of a Copyrighted Article

      Course Credit per State


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

      Course Presenter(s)

      Richard S. Lehman

      Richard S. Lehman is a graduate of Georgetown Law School and obtained his Master?s degree in taxation from New York University. He has served as a law clerk to the Honorable William M. Fay, U.S. Tax Court and as Senior Attorney, Interpretative Division, Chief Counsel?s Office, Internal Revenue Service, Washington D.C.

      Mr. Lehman has been practicing in South Florida for more than 35 years. During Mr. Lehman?s career his tax practice has caused him to be involved in an extremely wide array of commercial transactions involving an international and domestic client base.

      Mr. Lehman has authored a number of articles on taxation and was the Editor and Contributing Author of ?A Guide to Florida International Business and Investment Opportunities,? an informative guide to foreign business persons published by the Florida Department of Commerce, and translated in German, Spanish and Japanese.

    •   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
      IL - General: 1.0 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
       
       

      What Every Lawyer Should Know About Cyber Security

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      What Every Lawyer Should Know About Cyber Security Details


      Price:
      $19.99

      Course Description

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

      Course Agenda

      Setting the Context

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

      New world full of digital threats:

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

      What are you protecting?

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

      Who creates the risk?

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

      I'm too Small Defense

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

      Why do these happen?

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

      What can you do?

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

      Who is a Cloud Provider?

      Considerations for Cloud Providers

      What can you do?

      Audits/Assessments:

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

      Understanding Cyber Vulnerabilities

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

      Protection

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

      Ethical Obligations

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

      ABA Model Rule 1.4 Duty Governing Communications

      ABA Model Rule 1.6 Duty of Confidentiality

      ABA Model Rule 5.1 Responsibilities of a Partner or Supervising Lawyer

      ABA Model Rule 5.3 Responsibilities Regarding Non-lawyer Assistant

      Special Considerations for Corporate Counsel

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

        Fulfill Fiduciary Duty of Board and Management

        Address Disclosure Obligations and Appropriate Communications

        Guide Participation in Public-Private Partnerships and Law Enforcement Interactions

        Achieve Regulatory Compliance

        Provide Counsel to Cyber-security Program

        Prepare to Handle Incidents and Crisis

        Manage Cyber-security Related Transactional Risk

        Effectively Use Insurance

        Monitor and Strategically Engage in Public Policy

        Discharge Professional Duty of Care

        Course Credit per State


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

        Course Presenter(s)

        Deborah Gonzalez

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

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

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

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

        Course Price:
      $19.99
       
       

      Workplace Investigations 101

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      Workplace Investigations 101 Details


      Price:
      $19.99

      Course Description

      In any kind of business, there is a chance that employers will be required to investigate one or more employees at some point for allegations of misconduct such as discrimination or sexual harassment. A properly conducted workplace investigation is not only legally required but can also go a long way in protecting companies and mitigating risks for future problems.

      In this webinar, Marin County, California attorneys Diana Maier and Beth Arnese go over the key things to know about workplace investigations so that you can garner the maximum legal protection such investigations may provide.

      Topics addressed include when to investigate, how to prepare for an investigation, how to interview witnesses, how to prepare a written report, what to do after the investigation, and overall best practices for investigations.

      Course Agenda

      • Why Do You Have to Investigate?
      • What Triggers the Duty To Investigate?
      • Benefits of An Investigation (Under California Law)
      • Benefits of An Investigation (Under Federal Law)
      • What Happens If You Don?t Investigate?
      • Attorneys as Investigators
      • Internal Personnel as Investigators
      • Ethical Issues to Understand
      • Privacy Issues
      • Before The Investigation: Preparation
      • Admonitions to The People You?re Interviewing
      • Interviews
      • How to Effectively Interview
      • How to Effectively Interview, Cont.
      • Where to Conduct the Interviews
      • Note-Taking During Interviews
      • Witness Statements
      • Steps to Take After Interviews Are Done
      • When Do You Want a Written Report?
      • Drafting The Report
      • Corrective Action Following the Investigation
      • Some Considerations (If Discrimination or Harassment Took Place)
      • Investigation Best Practices

      Course Credit per State


      AL - On-Demand: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.2 Credits
      CT - General: 1.0 Credits
      FL - General: 1.0 Credits
      GA - Self Study: 1.0 Credits
      IL - General: 1.0 Credits
      NH - General: 1.0 Credits
      NJ - General: 1.0 Credits
      NY - General: 1.0 Credits
      TN - General: 1.0 Credits
      TX - General: 1.0 Credits
      WA - General: 1.0 Credits
      WI - On-Demand: 1.0 Credits
      WV - General: 1.2 Credits

      Course Presenter(s)

      Diana Maier

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

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

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

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

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

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

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

      Beth Arnese

      Beth Arnese received her J.D. from UCLA Law School in 2005. She practiced law for over 10 years, at both large firms and for the public sector, before joining the Law Offices of Diana Maier in 2016. She specializes in litigation as well as employment and privacy law. Beth also conducts workplace investigations.

        Course Price:
      $19.99
       


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