New York Free CLE

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
NJ - General: 1.2 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits
TN - General: 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
NJ - General: 1.3 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits
SC - General: 1.08 Credits
TX - 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.

Credit Damages and their Application in Cases: An Overview Details

Price:
Free. (Normally $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

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
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
WA - General: 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.

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
  NH - General: 1.31 Credits
  NJ - General: 1.6 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.

Ethical Issues in EB-5 and DACA Cases Details

Price:
Free. (Normally $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
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
IL - Professional Responsibility: 1.0 Credits
MO - Ethics: 1.0 Credits
NH - Ethics: 1.0 Credits
NJ - Ethics: 1.3 Credits
NY - Ethics: 1.0 Credits
PA - Ethics: 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.

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

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

Price:
Free. (Normally $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

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
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
PA - Distance Learning: 1.0 Credits
TN - 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.

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.

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

Price:
Free. (Normally $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
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
IL - General: 1.0 Credits
ND - Self Study: 1.0 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)

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.

The Five Fundamentals of Federal Employment Law Details

Price:
Free. (Normally $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


AZ - General: 1.25 Credits
CA - General: 1.25 Credits
CT - General: 1.25 Credits
FL - General: 1.25 Credits
IL - General: 1.25 Credits
NH - General: 1.28 Credits
NJ - General: 1.5 Credits
NV - General: 1.0 Credits
NY - General: 1.5 Credits
PA - Distance Learning: 1.5 Credits
TN - General: 1.28 Credits
WA - General: 1.25 Credits
WV - General: 1.54 Credits

Course Presenter(s)

David Graulich, Esq.

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

The Role of Compliance Details

Price:
Free. (Normally $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
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
IL - General: 1.75 Credits
MO - Self Study: 2.34 Credits
NY - General: 2.0 Credits
WA - General: 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.