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West Virginia 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
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)
 
 

Appellate Jurisdiction

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Appellate Jurisdiction Details


Price:
Free. (Normally $19.99)

Course Description

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

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

Course Agenda

The Balancing Tests Inherent in Appellate Jurisdiction

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

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

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


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

    Course Presenter(s)

    Andrew Pollis

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

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

      Course Price:
    Free. (Normally $19.99)
     
     

    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)
     
     

    Best Practices for Clear Contract Drafting

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    Best Practices for Clear Contract Drafting Details


    Price:
    Free. (Normally $19.99)

    Course Description

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

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

    Course Agenda

    Primary Goals of Drafting Contracts

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

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

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

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


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

    Course Presenter(s)

    Carolyn Seymour

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

      Course Price:
    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)
     
     

    Detecting, Investigating and Documenting Fraud - Part 1

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    Detecting, Investigating and Documenting Fraud - Part 1 Details


    Price:
    Free. (Normally $19.99)

    Course Description

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

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

    Course Agenda

    Overview

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

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

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

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

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

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

  • Case study: Verfone Holdings
  • Pleading Scienter

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

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


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

    Course Presenter(s)

    Christopher P. Seefer

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

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

      Course Price:
    Free. (Normally $19.99)
     
     

    Detecting, Investigating and Documenting Fraud - Part 2

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    Detecting, Investigating and Documenting Fraud - Part 2 Details


    Price:
    Free. (Normally $19.99)

    Course Description

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

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

    Course Agenda

    Overview

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

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

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


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

    Course Presenter(s)

    Bill K. Black

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

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

      Course Price:
    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
      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
      UT - Self Study: 1.0 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
    MO - Ethics: 1.0 Credits
    NH - Ethics: 1.0 Credits
    NJ - Ethics: 1.2 Credits
    NY - Ethics: 1.0 Credits
    PA - Ethics: 1.0 Credits
    SC - Ethics: 1.0 Credits
    TN - Dual: 1.0 Credits
    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)
     
     

    Ethics & Entertainment: Should the Show Go On

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    Ethics & Entertainment: Should the Show Go On Details


    Price:
    Free. (Normally $19.99)

    Course Description

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

    Course Agenda

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

    Course Credit per State


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

    Course Presenter(s)

    Deborah Gonzalez

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

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

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

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

      Course Price:
    Free. (Normally $19.99)
     
     

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

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


    Price:
    Free. (Normally $19.99)

    Course Description

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

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

    Course Agenda

    POE V. SEABORN

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

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

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

  • Background
  • Decision
  • Ramifications
  • 26 USC § 1041

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

    2003 CA REGISTERED DOMESTIC PARTIES ACT

    • Civil union statute

    1996 DEFENSE OF MARRIAGE ACT

  • Community property does not apply
  • RULING ADVISORY OPINIONS

  • 2006 Opinion
  • 2010 Opinion
  • WHAT NOW?

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

    Course Credit per State


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

    Course Presenter(s)

    Leon Gabinet
    Leon Gabinet practiced law for many years in Portland, Oregon, before coming to Case Western Reserve University School of Law in 1968. He is the executive director of the Graduate Program in Taxation and coauthor of Tax Aspects of Marital Dissolution (1986, 2d edition 1998). He is a member of the American Law Institute and was invited to the Netherlands as a Cambridge-Tilburg lecturer.
      Course Price:
    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
    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 - Mental Health - Substance Abuse : 1.0 Credits
    MO - Self Study: 1.22 Credits
    MT - : 1.0 Credits
    NC - Substance Abuse / Mental Health: 1.0 Credits
    ND - : 1.0 Credits
    NY - General: 1.0 Credits
    PA - : 1.0 Credits
    VT - Self Study: 1.0 Credits
    WA - : 1.0 Credits
    WV - Ethics: 1.22 Credits

    Course Presenter(s)

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

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

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


    Price:
    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


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

    Course Presenter(s)

    Diana Maier

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

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

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

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

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

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

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

    Sarah J. Banola

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

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

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

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

      Course Price:
    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
    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)
     
     

    Reduce Bias with Better Decision Making

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    Reduce Bias with Better Decision Making Details


    Price:
    Free. (Normally $19.99)

    Course Description

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

    Course Agenda

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

    Course Credit per State


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

    Course Presenter(s)

    David Graulich, Esq.

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

      Course Price:
    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
      FL - General: 1.0 Credits
      IL - General: 1.25 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
      UT - Self Study: 1.0 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
    MO - Self Study: 2.34 Credits
    MS - General: 2.0 Credits
    NC - General: 1.75 Credits
    NH - General: 2.0 Credits
    NY - General: 2.0 Credits
    PA - Distance Learning: 2.0 Credits
    TN - General: 1.95 Credits
    UT - Self Study: 2.0 Credits
    WA - General: 2.0 Credits
    WI - On-Demand: 2.0 Credits
    WV - General: 2.34 Credits

    Course Presenter(s)

    Charles A. Christofilis, Esq.

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

      Course Price:
    Free. (Normally $39.99)
     
     

    The United States Tax Benefits of Exporting

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    The United States Tax Benefits of Exporting Details


    Price:
    Free. (Normally $19.99)

    Course Description

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

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

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

    Course Agenda

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

  • VI. Examples

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

  • III. Treasury Regulations 1.861.18

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

    Course Credit per State


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

    Course Presenter(s)

    Richard S. Lehman

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

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

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

  •   Course Price:
    Free. (Normally $19.99)
     
     

    Top Ten Challenges For New Lawyers

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    Top Ten Challenges For New Lawyers Details


    Price:
    Free. (Normally $19.99)

    Course Description

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

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

    Course Agenda

    Overview

  • Challenges and opportunities
  • Confidence

  • Achieving confidence
    • Self-doubt
    • Best practices

    Understanding the significance of professionalism

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

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

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

    The Question/Assumption Game

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

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

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

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

    Marketing a legal practice

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

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


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

    Course Presenter(s)

    Desiree Moore

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

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

      Course Price:
    Free. (Normally $19.99)
     


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