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Washington CLE Course Catalog

 

A Modern Look at Contractors v. Employees

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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


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
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)

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:
Free. (Normally $29.99)
 
 

Bankruptcy Avoidance Powers

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Bankruptcy Avoidance Powers Details


Price:
Free. (Normally $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:
Free. (Normally $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:
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


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:
Free. (Normally $19.99)
 
 

Drafting Software Development Agreements

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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


    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
    KS - General: 1.5 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:
Free. (Normally $19.99)
 
 

Ethical Issues in EB-5 and DACA Cases

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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
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
KS - Ethics: 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
TX - 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.

  Course Price:
Free. (Normally $19.99)
 
 

Innovation or Exploitation: The Limits of Computer Trespass Law

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Innovation or Exploitation: The Limits of Computer Trespass Law Details


Price:
Free. (Normally $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
    NY - General: 2.0 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:
    Free. (Normally $29.99)
     
     

    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:
    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 - : 1.0 Credits
    MO - Self Study: 1.22 Credits
    MT - : 1.0 Credits
    NC - : 1.0 Credits
    ND - : 1.0 Credits
    NY - General: 1.0 Credits
    PA - : 1.0 Credits
    VT - Self Study: 1.0 Credits
    WA - : 1.0 Credits
    WV - Ethics: 1.22 Credits

    Course Presenter(s)

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

    Protecting Minors: Human Trafficking, Child Exploitation & the Law

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    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
    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:
    Free. (Normally $19.99)
     
     

    The Five Fundamentals of Federal Employment Law

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    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


      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:
    Free. (Normally $24.99)
     
     

    The Role of Compliance

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    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
    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
    OK - Distance Learning: 2.34 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:
    Free. (Normally $39.99)
     


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