Montana CLE Course Catalog

And Then There is FRAUD

Price: $19.99

This course is an examination of FRAUD and an analysis of legal trends and legislative solutions intended to bring attention to today's legal practitioners, through real-world examples, of the dangers of swatting, deep fakes, crypto-currency, and other fraud on the internet and other routine transactions, to better protect their clients and improve quality of life.

Credits:

Course Agenda:

Course Presenter(s):

• Greg Woods, J.D.

Cryptocurrency - New Age Money or Scam

Price: $19.99

Cryptocurrency: There has been much talk about the use of cryptocurrencies, such as Bitcoin, as the hot new investment and a fast way of making money. But it's a very complicated process and has many pitfalls and challenges legally. This lecture will discuss the creation and use of cryptocurrencies, along with some of the challenges of trying to use and maintain cryptocurrencies as a financial tool and/or investment strategy.

Credits:

Course Agenda:

• What is crypto currency?
• Defining Bitcoin
• Advantages and Disadvantages of Cryptocurrency
• The Real Cost of Mining Bitcoin
• CASES
• Top 5 Crypto Currency Failures

Course Presenter(s):

• Russell Jackman, Esq.

Demystifying Computers for Attorneys

Price: $19.99

This basic lecture helps attorneys understand the components and roles of the different types of technology available or present in the law office, what to look for as far as stats and performance is concern

Credits:

Course Agenda:

• ABA Rule 1.1: Competence
• What IS a computer?
• What are computers made of?
• What are peripherals?
• Storage
• OPERATING SYSTEMS
• Printers & Scanners & OCR
• Internet Types + Security
• How to get the most out of your computer
• Online Meetings
• Document Formation
• Other Internet uses

Course Presenter(s):

• Russell Jackman, Esq.

Economic Analysis in Employment Matters

Price: $19.99

Dr. Jouganatos discusses the appropriate benefits to include in loss calculations, the discount rate, wage growth rate, earnings basis, present value calculations, mitigation issues including inferior employment, and hearsay problems as well as adverse tax consequences of a lump-sum award or settlement. Methods of computing loss of benefits and pensions, are discussed, among other issues. He also discusses his approach when undertaking cases. Through this course, attorneys will have a greater understanding of the elements of economic analysis in employment matters.

Credits:

Course Agenda:

• Compensatory Damages
• Loss of earnings (all forms of compensation) past and future Benefits, including pension.
• No loss of Social Security possible
• The Calculations
• Historic Loss ('back pay')
• Present Value of Future Loss ('front pay')
• The Main Components
• Worklife
• Discount Rate
• Net discount rate
• Tax issue
• Wage growth rate
• Inflation rate
• Salary or compensation basis
• Other Issues
• Pension
• Health Benefits
• Social Security
• Unused vacation
• Mitigation of loss
• Taxes
• Punitive Damages
• Economic analysis only in assessing defendant's financial condition
• Credit Score Damage

Course Presenter(s):

• George Jouganatos

FOIA: Freedom of Information Act - 2021 Update

Price: $29.99

Presentation Goals: To help attorneys - in all fields of practice - learn how to more successfully navigate the FOIA process to better support their clients

Credits:

Course Agenda:

• The phases/steps of the FOIA process
• Background and Purpose of FOIA
• Practical tips to increase the success of a FOIA request
• Provide practical tips for the administrative appeal and judicial review phases
• Increase the likelihood of a reasonable attorneys? fees shift award

Course Presenter(s):

• Pete Sorenson

Gambling as an Addiction - Not Worth the Gamble

Price: $19.99

Gambling has become more present and easier to do in recent years, with many new forms of gambling existing and new ones coming on the horizon. Attorneys or their friends or family who may fall victim to the addiction of gambling may be unsure of the signs or what to do to deal with the problem. This lecture talks about how attorneys can identify the professional threats to their practice that could come from a gambling addiction, the laws regarding online gambling and what resources there are available to attorneys to help alleviate the problem.

Credits:

Course Agenda:

• Gambling
• Gambling As An Addiction
• What Makes Online Gambling More Dangerous?
• Is the Site I am using legal?
• CASES
• Solutions?

Course Presenter(s):

• Russell Jackman, Esq.

Google LLC v. Oracle America Inc.

Price: $29.99

One of the most important copyright and fair use cases of our time has been Google LLC v. Oracle America, Inc. This case has worked its way through many levels of courts while examining two key concepts: Are Application Programming Interfaces copyrightable and if they are, is copying them fair use? This course looks at these two concepts in detail and provides arguments from Oracle's and Google's advocates on both key topics.

Credits:

Course Agenda:

• Background and Technical Context
• Two important issues
• Arguments that APIs are copyrightable
• Arguments that APIs are not copyrightable
• Fair Use Doctrine
• Arguments that Android using the API was fair use
• Arguments that Android using the API was not fair use

Course Presenter(s):

• Michael Carroll

NLRB Update

Price: $19.99

Labor law is currently in the news. High profile campaigns and issues involving many businesses we frequent are in the public eye. Because labor law has a broader scope and greater impact than many practitioners may realize, this program will address recent developments at the National Labor Relations Board on a variety of issues. The focus will be on several areas, including case rulings, expanding remedies for unlawful conduct, hot topic issues, as well as potential change to come through legislation, policy, and regulations. Even if you do not regularly practice before the National Labor Relations Board, this program provides insight on issues on NLRB's agenda which touch upon areas practitioners may have considered to be exclusively regulated by state or federal employment law.

Credits:

Course Agenda:

Areas of Development
• Case rulings
• Remedies
• Regulations
• Legislation

Cases
• American Steel (372 NLRB No. 23)
• ArrMaz Products (372 NLRB No. 12)
• Bexar Performing Arts Center (372 NLRB No. 28)
• Grill Concepts (372 NLRB No. 30)
• McLaren Macomb (372 NLRB No. 58)
• RAV Truck (372 NLRB No. 25)
• Sunbelt Rentals (372 NLRB No. 24)
• T-Mobile (371 NLRB No. 163)
• Tesla (371 NLRB No. 131)
• Thryv, Inc. (372 NLRB No. 22)
• Troutbrook Company (372 NLRB No. 26)
• Valley Hospital (371 NLRB No. 160)
• AFL-CIO v. NLRB
• NLRB v. Aakash

Pending Cases of Interest
• Stericycle - NLRB Case 4-CA-137660 on employee handbooks and workplace rules
• The Atlanta Opera - NLRB Case 10-RC-276292 on employee versus independent contractor status
• Amazon.com Services LLC - NLRB Case 29- CA-292392 on employer holding mandatory "captive audience" meetings
• Black Lives Matter cases
• Starbucks and injunction
• Amazon elections and charges
• And more

• Remedies
• Regulations
• Legislation
• Policy Efforts
• Landscape and Conclusion

Course Presenter(s):

• Thomas A. Lenz

Reinvigorating the Lawsuit

Price: $19.99

Thomas Moukawsher, an experienced federal litigator and retired Connecticut complex litigation judge, shares lessons from his 40 years of trying cases in courts across the country. The lessons are based on Judge Moukawsher's 2023 book, The Common Flaw, Needless Complexity in the Courts and 50 Ways to Reduce It. The course confronts litigation flaws with practical solutions, beginning with the filing of the complaint and running through appeals court strategies and briefing.

Credits:

Course Agenda:

• The best complaints are comprehensible rather than needlessly comprehensive.
• Why summary judgment is the best pre-trial motion.
• Prepare to present your case, not needless motions in limine.
• Use trial admissions to focus the trial on the dispute, not the undisputed.
• Eliminate needless exhibits. They smother the important ones.
• Don't waste money on needless expert testimony.
• Propose a time clock.
• Make a point, not a muddle with prior testimony.
• Cross examine crisply, crushingly or not at all.
• Humanize overstuffed, bewildering jury charges and interrogatories.
• Substitute longer closing arguments for post-trial briefs.
• Make your brief writing literary, not technical.
• Choose appellate issues on quality rather than quantity.
• Rethink the billable hour.

Course Presenter(s):

• Thomas G. Moukawsher

Technology and Bias - Spreading it and Stopping it

Price: $19.99

This lecture deals with how technology both spreads and helps eliminate conscious and unconscious bias in the legal profession, and what can be done to continue to use technology to identify and eliminate patterns of bias while being aware of how the wrong use of technology can unfortunately help spread it.

Credits:

Course Agenda:

• Conscious vs Unconscious Bias
• UCSF Study
• AI & Its role in determining bias
• Using technology to fight bias
• Bias for not using technology
• Technology & Age Bias
• Sexual Bias
• Economic Bias
• Cultural Bias
• Solutions?

Course Presenter(s):

• Russell Jackman, Esq.

Use NDR and Compare Alternatives to Earn Your Clients Informed Consent

Price: $19.99

In this engaging session, led by Rob Christopher, AV Preeminent rated litigation attorney, General Counsel and entrepreneur you will learn when and how you can use an innovative approach to address limited stakes cases.

The approach, Neutral Driven (Non-adversarial) Dispute Resolution provides attorneys with an alternative to litigation, arbitration or mediation for cases in which the amount at stake is less than the potential legal costs (attorney and court fees, time and stress) to resolve it.

Based on his 35+ year career as a successful litigator, Rob uses real world examples to demonstrate the ethical reasons to consider NDR as well as the long-term value of incorporating this approach into your practice.

The program includes background on NDR and how it differs from arbitration and media. Rob then describes NDR and give a hands-on demonstration an assessment you can use to determine value of using NDR for a particular case. It concludes with clear guidelines on when and how you can use Neutral Driven Dispute Resolution for long term wins with your clients.

Rob?s entertaining style, innovative and ethical approach to addressing limited stakes (often called "dog cases") make this a must take session for all client-centric attorneys.

Credits:

Course Agenda:

• Why an innovative approach is needed for limited stakes cases
• Growing gap in American Legal System - total cost of litigation
• Assessing the total cost of litigation for your case
• The Neutral Driven Dispute Resolution Process
• How NDR delivers value to client and attorney
• When and how to access NDR to win with your clients
• Common Questions
• Action Plan and Closing

Course Presenter(s):

• Rob Christopher

Water Law: Water Rights, Droughts, and a Flood of Legal Issues Part II

Price: $19.99

After recent years in which records have been set for both rain and lack of precipitation, Environmental and Water Law expert Wes Miliband discusses issues which arise when both drought and climate change create conditions over which populations have little control. To help attorneys proactively recognize and address these issues so as to prevent both legal disputes and damage to people and property in the future, Mr. Miliband raises awareness of how, and where, such disputes may arise. He addresses the basic system of water rights, tribal, military and Federal rights, key cases, how local, state and federal water agencies work and long term creative solutions for an uncertain future, such as ocean winds, desalination and other sustainable techniques.

Credits:

Course Agenda:

• Overview and Refresh from Part 1 (October 2021)
• Describe the key drivers behind California?s water system;
• Identify federal, state, and local agencies and their respective roles and responsibilities; and
• Provide an overview of the State?s water rights and water conveyance systems.
• Environmental laws affecting water supply allocation. Recent droughts, storm cycles and other current events impacting water supplies in California

Course Presenter(s):

• Wes Miliband