Illinois Free CLE

10 Legal Considerations for Starting and Running a Medical Practice Details

Price:
Free. (Normally $19.99)

Course Description

In this fast-paced and highly informative program, the speakers address core issues with which attorneys who may be involved with medical practitioners must be familiar. These include how to help limit liability exposure, choice of business entity, supervision issues, compensation, Contracts 101 (HR and more), Intellectual Property, legal issues regarding marketing and how to avoid and/or best resolve disputes with patients. Also discussed are recommended asset protection and estate planning strategies and common asset protection mistakes which medical professionals need to be aware of and avoid.

Course Agenda

• Limiting Your Liability
• Supervision Issues
• Compensation
• Contracts 101
• Intellectual Property
• Marketing Legal Issues
• How to Avoid Disputes

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
CT - General: 1.0 Credits
FL - General: 1.0 Credits
GA - Self Study: 1.0 Credits
IL - General: 1.0 Credits
IN - Distance Education: 1.1 Credits
ME - Self Study: 1.0 Credits
MO - Self Study: 1.0 Credits
MS - General: 1.1 Credits
MT - Self Study: 1.0 Credits
NH - General: 1.0 Credits
NJ - General: 1.3 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
OH - Self Study: 1.0 Credits
OK - Distance Learning: 1.0 Credits
PA - Distance Learning: 1.0 Credits
SC - General: 1.05 Credits
TX - General: 1.0 Credits
VA - General: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

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

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

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

A Modern Look at Contractors v. Employees Details

Price:
Free. (Normally $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

AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
MO - Self Study: 1.2 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits
WA - General: 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.

A Primer on International Taxation Details

Price:
Free. (Normally $19.99)

Course Description

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

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

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

Course Agenda

Course Credit per State

AZ - General: 1.0 Credits
CA - General: 1.0 Credits
CT - General: 1.0 Credits
FL - General: 1.0 Credits
IL - General: 1.0 Credits
KY - General: 1.0 Credits
NH - General: 1.0 Credits
NV - General: 1.0 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits

Course Presenter(s)

Jacob Stein, Esq

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

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

He is the author of numerous books, scholarly articles and technical manuals including his most recent article, Pre-Immigration Taxation, published in the January 2016 edition of EB-5 Investors Magazine Volume 3, Issue 3; His other works include his book: A Lawyer?s Guide to Asset Protection Planning in California, Second Edition, published in April of 2016, which is the only legal treatise on asset protection specific to California, and International Joint Ventures ?A Concise Guide for Attorneys & Business Owners,? published in 2014.

Mr. Stein is a frequent lecturer to various attorneys, CPA and other professional groups, teaching over 100 seminars per year. His presentation topics include: Tax Planning for Cross-Border Joint Ventures, A Foreigner?s Guide to Investing in U.S. Real Estate, Creative Planning with Controlled Foreign Corporations, Advanced Asset Protection Planning, Choice of Entity Planning, Estate Tax Planning and various courses on trust law. He is an instructor with the California CPA Education Foundation, National Business Institute, Thomson Reuters, the Rossdale Group and Lorman Education Services where he teaches courses on advanced tax planning, structuring international business transactions, asset protection and trust law. He is an adjunct professor of taxation at the CSU, Northridge Graduate Tax Program.

Drafting Software Development Agreements Details

Price:
Free. (Normally $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

  
  AZ - General: 1.25 Credits
  CA - General: 1.25 Credits
  CO - General: 1.2 Credits
  CT - General: 1.5 Credits
  FL - General: 1.5 Credits
  IL - General: 1.25 Credits
  MO - Self Study: 1.5 Credits
  NY - General: 1.5 Credits
  WA - General: 1.25 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.

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

Price:
Free. (Normally $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 - General: 1.0 Credits
MO - Self Study: 1.22 Credits
MT - : 1.0 Credits
ND - : 1.0 Credits
NY - General: 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.