Nevada CLE Course Catalog

Aliant Law - Economic Crime Conference

Price: $29.99

This program features an expert panel of attorneys from across the world who discuss global trends in sanctions and Asset Recovery, particularly in relation to the Ukraine-Russia war. This second Aliant Law International Economic Crime Conference provides valuable information for attorneys who represent U.S. businesses impacted by sanctions on Russia, both here and globally. Attorneys from the UK, Italy, India, and France identify which countries have, or have not been affected, in various sectors, such as the financial sector, shipping, aviation and energy. Remedies or compliance measures, such as asset-recovery (seizure of ships/aviation), anti-money laundering statutes in numerous countries. and whistle-blower remedies are examined. The panelists also discuss immigration and human rights issues and specific remedies implemented (or not) in many countries. This program is of great value for lawyers who value the expertise of colleagues from other countries and how they asses the relative impacts of this conflict on the global legal landscape for businesses and other clients across the globe and in the U.S., and recommendations they have on how to best provide protective legal measures for their clients.

Credits:

Course Agenda:

• The Present
• Current Magnitude
• Effect on Biz Sector
• Energy Impacts
• Energy Sector
• Financial Sector
• Export Controls
• Aviation
• Block, Freeze, Seize
• How to Respond

• L.D. n. 231/2001
• Sanctions
• Precautionary Measures
• Warning
• Conclusion

• Statutory Details
• 2 Categories of Requesting States
• Extradition Process for Category 1 Territories
• Category 2 Territories
• Category 2 Territories - Type B
• Extradition Process for Category 2 Territories
• Extradition Hearing
• Secretary of State's Decision
• Bars to Extradition
• The Transitional Period
• No Supervisory Jurisdiction by CJEU
• End of Dual Criminality Assumptions?
• Extradition of Nationals
• ECHR

• Key Provisions
• Registration of Overseas Entities
• What Steps Does and Overseas Entity Need to Take?
• What is a Registrable Beneficial Owner?
• Requirements
• Civil Asset Recovery - Unexplained Wealth Orders
• Key Changes to the UWO
• Unlawful Conduct

Course Presenter(s):

• Jacob Stein, Esq

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.

Attorney Civility and Professionalism

Price: $19.99

Why is this important? The adversarial process can be taken to extremes, to where it may become an internal aspect of a firm's culture. This obstructs the kind of cooperation that can ease and expedite workloads. It's also been shown to create a level of stress that is extremely unhealthy; including life-threatening issues. Furthermore, we've all heard the expression ?you catch more flies with honey,? and yet the singular adversarial approach works against this. We need to recognize that this approach is only one tool in the toolbox, and you have access to many more. In addition, adding these tools will positively impact your success, health, and income.

Credits:

Course Agenda:

• I. The Problem - Working too hard for stable income.
• II. The Solution - supercharging our negotiating skills.
• III. Implementation
• A. Mind Prep ? The Empty Cup (synopsis of the Koan)
• 1. Tempo / Pace - The Cues.
• 2. Primary Processing Center (fear, need, control)
• 3. Thinking vs. Emotions in decision-making
• IV. Summary
• A. Adjusted Responses

Course Presenter(s):

• Russell Jackman, Esq.
• Ian Blei

Attorneys and the Cloud - Update

Price: $19.99

What is "The Cloud"?

Who runs it? Where is it? Will it go away? Where is all my information? Is it worth using? These questions and more are discussed in this program which helps attorneys learn about this major development in law technology and also meet ethical obligations to remain knowledgeable in this area, as stated by the ABA.

ABA Model Rule 1.1 Competence: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Additional Cloud areas discussed include Centralized case/matter management, Document management, Time and billing, Scheduling/reporting, Contact management, Conflict checking and more.

Credits:

Course Agenda:

• What is the "cloud"?
• Cloud Benefits
• Ethics behind Cloud Computing
• Cloud Concerns
• Cloud Tasks for Attorneys
• Cloud Considerations
• Cloud Computing Services
• Managing Cloud Risks
• Legal Specific Cloud Computing Services

Course Presenter(s):

• Russell Jackman, Esq.

Coming to America and Staying: Immigration Law Basics

Price: $19.99

At the forefront of the news and a subject that is intensely controversial for both foreigners and citizens is the topic of Immigration laws in the United States. However, many people do not know the inner workings of the system or what the immigration laws of the United States really means for people trying to come in legally to the USA. This lecture will cover those basics and give the attendee the status of where we are today when it comes to the topic of Immigration.

Credits:

Course Agenda:

• Immigration and Nationality Act
• Family Based Immigration
• Employment Based Immigration
• Refugees and Asylum
• Other forms of relief
• US Citizenship
• U-VISA
• What happens if you don?t follow the rules?
• Prosecutorial Discretion
• The Future Of DACA
• What is the current status of DACA?
• Conclusions

Course Presenter(s):

• Russell Jackman, Esq.

Computer Security Trends for Attorneys and Law Offices

Price: $19.99

In keeping with the intent of the ABA Rules, it is important for all attorneys to stay up to date on matters of material importance to their practice, this discussion updates our previous program informing attorneys about the ongoing trends in Legal Technology for Computer Security Trends. This will include discussion about the 2023 ABA Resolutions 608-610, the increasing use of AI for both positive and negative uses in the legal realm, the upcoming transition from windows 10 to windows 11 and some tips/trends to keep an eye on in the near future.

Credits:

Course Agenda:

• Trends in Computer Security in the Mid 2020?s
• ABA Meeting 2023 ? Resolutions 608-610
• Other trends in computer security
• Survey Results Show AI Dominates
• The use of AI brings many benefits to firms
• Safeguards for AI
• The Rise of Quantum Computing and Its Impact on Cybersecurity
• Windows 10 Transition to Windows 11
• Conclusions: Top Cybersecurity Tips for Attorneys

Course Presenter(s):

• Russell Jackman, Esq.

Continued Progress in Diversity and Inclusion in the Legal Profession

Price: $19.99

Steven A. Nielsen objectively addresses progress made and new challenges faced by the legal profession in the areas of diversity and inclusion. This program includes a through review of multiple newly published articles and surveys, discernable trends, and valuable resources available. Topics include bullying as a form of gender discrimination, and ageism and mental health as other forms of perceived bias. He includes information on new programs that provide loan counseling and cross-cultural competency in ABA accredited law schools, the Diverse Lawyers Trial Academy which aims to further "first chair" opportunities for women, the Community Fund for Black Bar applicants and the AccessLex Center for Legal Education Excellence.

Mr. Nielsen reviews new data from the ABA on diversity and the need to promote minority associates. He notes a general cultural shift, such as in California where an ethnic studies course is required to graduate high school. He also discusses efforts by large law firms to now allow numerous hours per year of pre-approved Diversity and Inclusion work to count toward billable hours and bonuses and suggests a number of courses of action to improve discussion of diversity, equity and inclusion issues in law firms.

Credits:

Course Agenda:

• Diversity and Inclusion, and now Equity - Have we seen progress?
• Can C-suite diversity officers really make a difference?
• SEC Approves Nasdaq Listing Rules Regarding Board Diversity
• LinkedIn debuts Top Voices in Racial Equity
• Workplace Bullying
• Loan counseling and cross-cultural competency programing
• What does the past literature tell us?
• What does the current literature tell us?
• A Summary of the Current Trends
• Is Mental Health a Point of Diversity?
• Bias - A Proposed Big Picture View
• A Proposed Big Picture Approach
• Group Bias
• Discriminating
• How do we reduce bias?
• Bias in Action

Course Presenter(s):

• Steven A Nielsen

Cyber Security Concerns and Solutions for the Law Office

Price: $19.99

The increases computer usage since the onset of the Pandemic plus new challenges created by new technologies has created significant threats towards attorneys and their clients. This program helps attorneys meet their ethical ABA model rule 1.1 requirements while getting vital information to help them safeguard their practice and their clients.

Credits:

Course Agenda:

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.

Digital Millennium Copyright Act

Price: $19.99

This lecture discusses the background and substance of the Digital Millennium Copyright Act, case law surrounding it and what the implications of the DMCA are currently, plus what it might mean for the future of the Internet and Intellectual Property.

Credits:

Course Agenda:

• What is the DMCA?
• DMCA CASES
• DMCA Penalties
• Is the DMCA Successful?
• Conclusions

  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

Electronic Discovery and the Cloud in the Practice of Law

Price: $19.99

This course about electronic discovery and the cloud in practice of law will explore ten topics that are relevant to attorneys. First, the course will explore legal implications of cloud storage in electronic discovery. Next, the course will investigate data privacy challenges in cloud-based electronic discovery. The course will then explore preservation obligations in cloud-stored electronic evidence. After this, the course will investigate accessing and securing cloud data in legal investigations. Next, the material will cover compliance with esi protocols in cloud environments. The course will then turns towards impact of gdpr on U.S. cloud discovery practices. Next, the course will investigate authenticity verification of cloud-stored legal documents. The course will then explore cloud service provider agreements in ESI management. The course will next investigate legal ethics in using cloud platforms for ediscovery. Lastly, the material will cover cost-effective cloud solutions for small law firms.

Credits:

Course Agenda:

• Legal implications of cloud storage in electronic discovery.
• Data privacy challenges in cloud-based electronic discovery.
• Preservation obligations in cloud-stored electronic evidence.
• Accessing and securing cloud data in legal investigations.
• Compliance with ESI protocols in cloud environments.
• Impact of GDPR on U.S. cloud discovery practices.
• Authenticity verification of cloud-stored legal documents.
• Cloud service provider agreements in ESI management.
• Legal ethics in using cloud platforms for eDiscovery.
• Cost-effective cloud solutions for small law firms.

Course Presenter(s):

• Berry Crawford

Ethical Considerations During Mediation and Arbitration

Price: $19.99

In this course we will look at the ethical considerations that should be followed during the mediation and arbitration processes. First, we will review both mediation and arbitration at a high level and investigate what roles they play in the alternative dispute resolution process. We will then look at the ethical frameworks that have been developed by the American Bar Association for mediation and arbitration. We will finish the course by exploring real world scenarios of these principles in action by investigating specific cases where these issues arose.

Credits:

Course Agenda:

• Introduction
• Mediation Overview
• Arbitration Overview
• ABA Rules of Professional Responsibility
• ABA Model Standards of Conduct for Mediators
• ABA Arbitration Code of Ethics
• Case Law

Course Presenter(s):

• David Graulich, Esq.

Ethical Considerations for the In-house Counsel

Price: $19.99

In this course we will look at the ethical issues that are particularly relevant to an organization?s in-house counsel. After a brief overview of what makes the situation of an in-house counsel unique, we will explore specific ABA rules of professional responsibility and look at example cases that illuminate the issues in-house counsels may face. Areas covered are: Confidentiality of Information, Conflict of Interest: Current Clients, Current Clients: Specific Rules, Organization as Client and Unauthorized Practice of Law; Multijurisdictional Practice of Law.

Credits:

Course Agenda:

• ABA Rules of Professional Responsibility
• Confidentiality of Information
• Conflict of Interest: Current Clients
• Current Clients: Specific Rules
• Organization as Client
• Unauthorized Practice of Law; Multijurisdictional Practice of Law

Course Presenter(s):

• Joe Schofield

Ethical Considerations when Marketing and Advertising Legal Services

Price: $19.99

In this course we will look at the ethical considerations that should be followed when lawyers engage in marketing and advertising. First, we examine the history and context of marketing and advertising by attorneys. Next, we look at the ABA Model Rules of Professional Conduct and determine which rules are most relevant to attorney marketing and advertising. Lastly, we explore real world scenarios of these principles in action by investigating specific cases where these issues arose.

Credits:

Course Agenda:

• Overview of Marketing
• ABA Model Rules of Professional Conduct
• Communications Concerning a Lawyer?s Services
• Communications Concerning a Lawyer?s Services: Specific Rules
• Solicitation of Clients
• Case Law

Course Presenter(s):

• David Graulich, Esq.

Ethical Issues During the Discovery Process

Price: $19.99

In this course we will look at the ethics of the discovery process as it pertains to Interrogatories and Document Production. First we will review what the discovery process entails and how it fits into the overall litigation picture. We will next look at the relationship between the courts and the discovery process. Next, we will look at the ABA rules and Federal Rules of Civil Procedure which are the sources of rules regarding the discovery process. We will then look in detail at various cited cases that resolved around these discovery process rules. Lastly we will look at a taxonomy of discovery abusers and investigate some practical considerations for litigators.

Credits:

Course Agenda:

• What is the discovery process?
• The Courts and Discovery
• ABA Rules of Professional Responsibility
• Federal Rules of Civil Procedure
• Case Law
• Taxonomy of Discovery Abusers
• Practical Considerations

Course Presenter(s):

• David Graulich, Esq.

Ethical Issues When Taking or Defending Depositions

Price: $19.99

In this course we will look at the ethics of the taking and defending depositions. First, we will review what the deposition process entails and how it fits into the overall litigation picture. We will next look at common unethical behaviors during depositions and investigate the breadth of the problem. Next, we will look at the ABA rules which are the sources of rules regarding the discovery process. We will then look in detail at various cited cases that illustrate unethical behavior during depositions. Lastly, we will look some practical considerations for litigators in dealing with ethical abusers during depositions and also ways to look at our own behavior.

Credits:

Course Agenda:

• Depositions Overview
• Unethical Behavior During Depositions
• ABA Rules of Professional Conduct
• Case Law
• Practical Considerations

Course Presenter(s):

• David Graulich, Esq.

Ethics and the Court of Public Opinion

Price: $19.99

Calculated to increase awareness of significant issues impacting the integrity of the legal profession and public trust, the course examines high profile examples of wrongful behavior and traditional notions of moral character. From select sections of the Model Rules of Conduct and terms and concepts from the ethical tradition, it is an informed analysis of questionable decision making under difficult circumstances requiring practitioners to employ the highest standards of care, to preserve the rights and remedies of those they serve and promote the credibility of the justice system.

Credits:

Course Agenda:

Attorneys will benefit from the examination of the Model Rules of Conduct, increase awareness of issues and trends involving professional responsibility, and visit the harmful impact questionable behavior has on the public trust. To better deliver the constitutional imperative and improve their advocacy for the rights and remedies of those they serve, the result delivers a prescription for credibility of the judicial process and integrity of the justice system for practitioners in the United States. The overall value aspires to preserve civil rights, promote dignity of the profession, increase public trust, and improve quality of life.

Course Presenter(s):

• Greg Woods, J.D.

Ethics of Bankruptcy in the Practice of Law

Price: $19.99

This course about ethical issues of bankruptcy in the practice of law will explore ten topics that are relevant to attorneys. First, the course will explore conflicts of interest in bankruptcy client representation. Next, the course will investigate disclosure requirements for attorneys in bankruptcy cases. The course will then explore ethical dilemmas in advising clients about bankruptcy fraud. After this, the course will investigate transparency and honesty in bankruptcy petitions filed by lawyers. Next, the material will cover attorney fees and ethical concerns in bankruptcy proceedings. The course will then turn towards duty of competence in handling bankruptcy matters. Next, the course will investigate confidentiality issues in bankruptcy practice. The course will then explore attorney responsibility in reporting client misconduct in bankruptcy. The course will next investigate fraudulent transfers and lawyer ethical boundaries. Lastly, the material will cover misrepresentation of bankruptcy exemptions by legal practitioners.

Credits:

Course Agenda:

• ABA Rules 1.1, 1.6 and 1.7
• Conflicts of Interest in Bankruptcy Client Representation
• Disclosure Requirements for Attorneys in Bankruptcy Cases
• Ethical Dilemmas in Advising Clients About Bankruptcy Fraud
• Transparency and Honesty in Bankruptcy Petitions Filed by Lawyers
• Attorney Fees and Ethical Concerns in Bankruptcy Proceedings
• Duty of Competence in Handling Bankruptcy Matters
• Confidentiality Issues in Bankruptcy Practice
• Attorney Responsibility in Reporting Client Misconduct in Bankruptcy
• Fraudulent Transfers and Lawyer Ethical Boundaries
• Misrepresentation of Bankruptcy Exemptions by Legal Practitioners

Course Presenter(s):

• Victor Perri, Esq

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

How CRMS Can Help Your Legal Practice

Price: $19.99

This lecture discusses the role of Client Relationship Management Software) CRMS for the modern law office, strategies on how using the CRMS can be used to increase the efficiency and effectiveness of today's legal practice, which leads to a more streamlined and efficient law office. We talk about types of CRMS systems, how they work and how to integrate them into your practice.

Credits:

Course Agenda:

• ABA Rule 1.1 Competency
• What is a CRM?
• THE CRM PROCESS
• CRM strategies/advice
• CRM Features you should be aware of
• Other Factors
• Basic CRM: Outlook & Google Apps
• Disadvantages: Outlook & Google Apps
• Other Popular Systems
• ABACUS LAW
• AMICUS ATTORNEY
• NEEDLES
• CLIO
• MYCASE
• Conclusions

Course Presenter(s):

• Russell Jackman, Esq.

Implicit Bias and Bias Identification Strategies

Price: $19.99

Attorney Steven Nielsen focuses on bias-reduction strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system. Among specific Implicit (or "Subconscious") Biases he addresses are "Heightism," and "Elitism." He discusses the impact these biases have on the legal profession and society writ large.

Credits:

Course Agenda:

• Initial Discussion ? Biases
• Definitions of Bias
• Why does humanity face this challenge?
• Advantages of being in a group
• The Robber?s Cave Experiment
• Types of Implicit or unconscious bias
• Explicit Bias
• Impact of Implicit, Explicit and Systemic Bias on the Legal System
• Actionable steps licensees can take to recognize and address their own implicit biases
• Height Discrimination ? Heightism
• Elitism Bias
• Ageism
• Distinguished Surname Bias or, simply, Name Bias
• Caste Bias
• Financial Bias
• The protected classes are just a start
• Can we learn to withhold judgment ?

Course Presenter(s):

• Steven A Nielsen

Implicit Bias and Bias-Reduction Strategies

Price: $19.99

Having presented MCLE programs in the areas of "Elimination of Bias in the Legal Profession" and "Diversity, Inclusion and Equity" for over a decade, attorney Steven A. Nielsen has witnessed the importance of these issue grow, along with the statistical data and measurement of progress. In this presentation, Mr. Neilsen focuses on "Implicit Bias," and the promotion of bias-reducing strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system. Among specific Implicit (or "Subconscious") Biases which he addresses are "Ageism," and "The Halo Effect." He discusses the impact these biases have on the legal profession and society writ large, on individual lawyers and their practices, and scenarios in which they can impact the courtroom and the law firm workplace.

Credits:

Course Agenda:

Course Presenter(s):

• Steven A Nielsen

Neurobiology, Mindfulness and Mental Health in the Practice of Law

Price: $19.99

Practicing attorneys tend to suffer from mental health symptoms and disorders at a higher rate than society at large. The pressures and dynamics of this profession can be and often are intense. In this course we look at mindfulness practice as a proven solution to deal with these challenges. We look at mental health and mindfulness through the lens of their underlying neurological correlates and explore how mindfulness is an evidenced-based solution. We close the course with practical considerations in applying mindfulness principles to law practice.

Credits:

Course Agenda:

• The Extent of Mental Health Issues in the Practice of Law
• How To define Mental Health
• The Core Neurological Basis of Depression and Anxiety
• Is there a Solution?
• How Mindfulness Works
• Bringing Mindfulness into the Practice of Law

Course Presenter(s):

• Berry Crawford

Neutral-Driven Dispute Resolution: NDR

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 legal disputes in a way that is cost-effective for clients.

The approach, Neutral-Driven (Nonadversarial) Dispute Resolution (NDR) provides attorneys and their clients with an alternative to litigation, arbitration, or mediation for resolving cases in which potential legal and related costs threaten to consume the amount at stake.

Based on his 40+ year career as a successful litigator, businessperson, and now General Counsel, Rob uses thoughtful analysis and real world examples to demonstrate both ethical reasons to consider NDR and long-term practical value to incorporating this approach into your practice.

The program covers what NDR is, how it works, where it comes from, how it differs from arbitration and mediation, and where it fits and doesn?t fit. In the process, Rob gives hands-on demonstrations of assessment tools you can use to determine if NDR makes sense in a particular case. The program concludes with clear takeaways on when and how you can use Neutral-Driven Dispute Resolution for real and lasting wins with your clients.

Rob's entertaining style and innovative and ethical approach to addressing limited stakes disputes make this a must-take session for all client-centric attorneys.

Credits:

Course Agenda:

• Why an innovative approach is needed for limited stakes cases
• The growing gap these cases cause in American civil justice
• The Neutral-Driven Dispute Resolution Process
• How NDR delivers value to client and attorney
• Estimating the total costs of litigation for your case
• When and how to access NDR to win with your clients
• Common Questions
• Action Plan and Closing

Course Presenter(s):

• Rob Christopher

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

Patent Law Basics

Price: $19.99

This course is designed to provide information for all attorneys with a general interest in Patent Law as well as those with clients who may have an idea with patent implications which they might like to explore. Although many areas of Patent Law do not often change, with advances in technology, medicine and other areas, along with general updates in rules and regulations specific to Patent Law Practice, this program addresses developments in those areas. Patent Law is a dynamic practice area and Mr. Nielsen's program discusses basic issues and concepts in an easy to understand and enjoyable fashion

Credits:

Course Agenda:

Course Presenter(s):

• Steven A Nielsen

Policing from Where we Are Today

Price: $19.99

The objective of this presentation is to identify and discuss key legal and social issues in the context of today's volatile society, with an emphasis on limitations on the use of force and legal remedies in response to police misconduct. The presenter discusses how current events give rise to cases in numerous legal areas, from Civil Rights violations, Constitutional Law, including freedom of speech and lawful (and unlawful) protests, and liability for damages from both protests and police misconduct. Moreover, the presenter discusses topical issues of vital importance, such as the ?defund? movement, which runs along a spectrum, from those in Minneapolis who would disband and rebuild their police department (on the theory that the current department?s culture is too pervaded by racism and violence), to those in New York City or Los Angeles who advocate reallocation of spending and reform of police practices. Ultimately these issues end up in Court, where lawyers must be leaders and help society solve these complicated issues. This program aims to increase awareness of the critical legal issues involved.

Credits:

Course Agenda:

• Problem: No trust.
• How to restore trust?
• Follow the law.
• Transparency + Accountability = Trust
• Access to justice?
• Purpose of Justice system?
• Duty of law enforcement?
• Social Contract: Safety and security in exchange for compliance with the law.
• Follow the law, receive safety and security.
• Reduced safety and security increases desperation.
• Desperate people behave desperately.
• Constitutional Imperative:
• Equal Protection under the law.
• Substantive Due Process: Life, Liberty & Property.
• Procedural Due Process: Notice & Hearing.
• Institutional Legitimacy questioned?
• Social Contract breached?
• Worst case scenario: An existential threat?
• Analysis: Why no trust?
• An inherently flawed system?
• The law doesn't work.
• Police use of force?
• Officer involved shootings?
• Inclusion/Access to justice?
• Solution: Change the law.
• Legislative solutions.
• AB 392 Police Use of Force (CA)
• SB 1421 Police Officer Release of Records (CA)

Course Presenter(s):

• Greg Woods, J.D.

Preparing Your First Appeal: From Opening Brief to Oral Argument

Price: $19.99

This course provides a comprehensive overview of the appellate process in civil law, emphasizing its significance for solo and small practice litigators. It covers fundamental aspects such as what decisions can be appealed, the distinctions between trial and appellate courts, and the procedural rigor required in appellate practice. The discussion includes key considerations for deciding whether to appeal, ethical responsibilities in advising clients, and the importance of timely communication. It also addresses practical elements like filing notices of appeal, the structure of opening briefs, and the critical role of oral arguments. Additionally, this course highlights the necessity of understanding local court rules, maintaining a high-level tone, and being precise with citations. It underscores the importance of protecting a trial win and provides insights through the case study of Pinter-Brown v. Regents of the University of California, illustrating the complexities and strategic considerations inherent in the appellate process.

Credits:

Course Agenda:

• The Appeal Process
• When Should an Advocate File an Appeal?
• When You Protect a Win on Appeal
• Logistics and Deadlines
• Writing the Opening Brief
• Standard of Review
• Be Sure to Specify What You are Asking For
• Protecting a Win
• Oral Argument
• Pinter-Brown v. Regents of the University of California

Course Presenter(s):

• David Graulich, Esq.

Progress in Diversity and Inclusion in the Legal Profession

Price: $19.99

The 2020 Model Diversity Survey Report, released by the ABA Commission on Racial and Ethnic Diversity in the Profession, is the first ABA report on diversity, equity and inclusion in law firm practice, according to an ABA press release. The survey is based on three years of data. In short, the Report states that while more minorities are getting hired as associates, law firm leadership is mostly white and male because of a diversity ?bottleneck? and higher rates of minority attrition.

In this program, attorney Steven A. Nielsen reflects upon what the Report means in terms of the lack of the progress it describes. The focus of this presentation, however, is to provide a long-range perspective on this important subject and to highlight progress which the profession has made. He offers information on new, innovative programs which have been developed to address the inequities outlined in the ABA report and in society at large, and concrete steps which can help Diversity and Inclusion issues to be successfully addressed in the law office environment. Mr. Neilsen's candid assessment of the data, coupled with a review of how new Diversity and Inclusion programs and educational awareness have helped the profession make progress, makes for an informative and stimulating presentation.

Credits:

Course Agenda:

• A Newer CLE Requirement Have we seen progress?
• Innovative Ideas in Diversity
• The Community Fund for Black Bar Applicants
• The AccessLex Center for Legal Education Excellence
• What Does The Past Literature Tell Us?
• The Past Literature: Pressure for Law School Ranking Hurts Women
• The Current Thinking
• In Past Studies: Both Law and Medicine have Diversity Problems
• What Does the Current Literature Tell Us?
• A Summary of the Current Trends
• Coca-Cola and Cisco
• A Big Picture View
• Is Mental Health a Point of Diversity?
• ?Belongingness?
• The Do?s of Discussing Diversity
• The Don?ts of Discussing Diversity
• Covering the Bases of D and I
• New York - Has a Diversity and Inclusion Office (D&I)
• A Broader Definition of Diversity
• Illinois
• Mentoring and Networking Seem to be an Answer
• Diversity and Inclusion
• Is Our Definition of ?Reaching the Top? to be Reconsidered?
• Is Running a Solo or Small Firm Considered Success?
• Bias - A Proposed Big Picture View
• What is Bias?
• Mechanical Bias
• Group Bias
• Discriminating
• Do We Learn Hate?
• How Did We Evolve?
• Advantages of Being in a Group
• Group Study Data
• The Robber?s Cave Experiment
• Is Group Theory Supported by Current Events?
• Groups or Traits to Consider in the reduction of Bias in the Legal Profession
• The Protected Classes are Just a Start
• Perhaps Broad Definitions of ?Diversity? are Helpful in Defining the Scope of Our Anti-Bias Efforts
• Still Allowed to Judge or Discern, but Judge with Knowledge of the Individual
• How do we Reduce Bias?
• How do we Make Everyone Feel Equal?
• The Judge and the Fishing Story
• The Skilled Mediator Example
• Bias in Action
• Can we Learn to Withhold Judgment?
• Question Everything

Course Presenter(s):

• Steven A Nielsen

Reducing Substance Abuse with Mindfulness for Attorneys

Price: $19.99

This course about Reducing Substance Abuse with Mindfulness for Attorneys will explore ten topics that are relevant to attorneys. First, the course will explore mindfulness meditation to reduce stress and substance abuse among U.S. attorneys. Next, the course will investigate incorporating mindfulness techniques in legal practice to combat substance dependency. The course will then explore mindful breathing exercises to alleviate substance cravings for lawyers. After this, the course will investigate ethics and responsibilities: attorneys practicing mindfulness to prevent substance abuse. Next, the material will cover mindfulness-based stress reduction for attorneys battling substance dependence. The course will then turn towards law firm culture: encouraging mindfulness to mitigate substance abuse risks. Next, the course will investigate mindfulness training for lawyers on sustainable recovery from substance abuse. The course will then explore jury trials: using mindfulness to manage anxiety and reduce substance dependency. The course will next investigate integrating mindfulness into continuing legal education for substance abuse prevention. Lastly, the material will cover attorney wellness programs: mindfulness as a tool to combat substance abuse.

Credits:

Course Agenda:

• The Scope of the Problem of Substance Abuse in the Legal Profession
• Mindfulness Meditation to Reduce Stress and Substance Abuse Among U.S. Attorneys
• Incorporating Mindfulness Techniques in Legal Practice to Combat Substance Dependency
• Mindful Breathing Exercises to Alleviate Substance Cravings for Lawyers
• Ethics and Responsibilities: Attorneys Practicing Mindfulness to Prevent Substance Abuse
• Mindfulness-Based Stress Reduction for Attorneys Battling Substance Dependence
• Law Firm Culture: Encouraging Mindfulness to Mitigate Substance Abuse Risks
• Mindfulness Training for Lawyers on Sustainable Recovery from Substance Abuse
• Jury Trials: Using Mindfulness to Manage Anxiety and Reduce Substance Dependency
• Integrating Mindfulness into Continuing Legal Education for Substance Abuse Prevention
• Attorney Wellness Programs: Mindfulness as a Tool to Combat Substance Abuse

Course Presenter(s):

• Berry Crawford

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

Rule 1.1 Competence - A Case Law Exploration

Price: $19.99

The American Bar Association (ABA) Model Rules of Professional Conduct, first adopted in 1983, represent a comprehensive framework for ethical legal practice in the United States. ABA Rule 1.1: Competence is a fundamental ethical requirement in the American Bar Association's Model Rules of Professional Conduct that mandates lawyers to provide competent representation to their clients. Competence means having the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. This rule underscores the importance of lawyers maintaining their legal skills through continuous study and education. It ensures that clients receive professional and adequate legal services, protecting their legal rights and interests. Violations of this rule can lead to disciplinary actions against lawyers, emphasizing the rule's critical role in maintaining the integrity and quality of the legal profession. This course will explore different facets of this rule by examining important cases such as Strickland v. Washington (1984), Nix v. Whiteside (1986), and Roe v. Flores-Ortega (2000).

Credits:

Course Agenda:

• ABA Model Rules of Professional Conduct Overview
• Rule 1.1: Competence Overview Discussion
• Strickland v. Washington (1984)
• Nix v. Whiteside (1986)
• Strickland v. Washington (1984)
• Roe v. Flores-Ortega (2000)
• Padilla v. Kentucky (2010)
• Rompilla v. Beard (2005)
• Wiggins v. Smith (2003)
• Bell v. Cone (2002)
• Mickens v. Taylor (2002)
• Florida v. Nixon (2004)
• Williams v. Taylor (2000)
• United States v. Cronic (1984)
• Togstad v. Vesely, Otto, Miller & Keefe (1980)
• Jones v. Barnes (1983)
• Cuyler v. Sullivan (1980)
• Burger v. Kemp (1987)
• Smith v. Murray (1986)
• Evitts v. Lucey (1985)
• Kimmelman v. Morrison (1986)

Course Presenter(s):

• Victor Perri, Esq

Succession Planning and the Practice of Law

Price: $19.99

What are a lawyer?s ethical obligations to engage in succession planning? NOTE: While this program primarily uses California Rules and developments to illustrate the issues involved in this important area, the guidance and ethical examples provided are relevant to attorneys in every state, and comparable Opinions and Statutes are found in nearly every jurisdiction.

This discussion-format talk with Russell Jackman, Esq. and Don McCrae, Owner of Your Business Legacy, a specialist in helping attorneys close their practices, addresses the issues that are commonly dealt with by attorneys who may be considering closing their practices, retiring, or changing ownership to someone else. Don and Russ discuss strategies and ideas to deal with the challenges of closing up or migrating ownership of a law practice while still adhering to State Ethical Requirements.

Credits:

Course Agenda:

• What is succession planning?
• Why succession plan?
• Ethical and Moral Responsibilities to Succession Plan
• What are the Risks of NOT Succession Planning?
• Who should succession plan?
• When should I start succession planning?
• Succession planning goals
• The succession planning process
• How do I know my successor will succeed when I?m gone?

Course Presenter(s):

• Russell Jackman, Esq.
• Don McCrea, PhD

Taking Depositions in the New Virtual Era

Price: $19.99

The Coronavirus epidemic has been wildly disruptive to many aspects of our lives and professions and conduction depositions is no exception. Virtual depositions are now standard and routine and are likely to remain ubiquitous even once the epidemic has abated. In this course we look at depositions generally from an overview perspective and then examine both the advantages and disadvantages of virtual definitions. Some important case law examples are explored and then we conclude with some practical considerations when conducting virtual depositions.

Credits:

Course Agenda:

• High Level Overview
• Case Law
• Virtual Deposition Mechanics
• Advantages of Virtual Depositions
• Disadvantages of Virtual Depositions
• Practical Considerations of Virtual Depositions

Course Presenter(s):

• David Graulich, Esq.

Through the Smoke: Legal Trends and Gun Violence

Price: $19.99

We are experiencing an epidemic of gun violence in this country.

The parents of a student killed in the 2018 massacre at Marjory Stone-man Douglas High School, in Parkland, Florida, the deadliest high school shooting in United States history, set up and tricked a former president of the National Rifle Association into giving a high school graduation speech defending gun rights in front of 3,044 empty chairs, one chair for each student who couldn?t graduate because they were killed by gun violence.

A political stunt? Perhaps, yet it effectively illustrates the severity of the problem. It further invites us to examine the legislative solutions we ap-ply to those societal problems that impact us most. We are living through a stress test exposing flaws inherent to our system of justice. (We look to the law to fix the flaws!)

With our time together today, we will examine contemporary legal trends in regard to the 1) problem related to Gun Violence, and 2) Legislative solutions in response to those problems, 3) Impacting the rights and remedies of so many, 4) Conclude: Take Away Observations) re: Impact on Practitioners.

Credits:

Course Agenda:

• Legal trends regarding gun violence
• The history of gun violence in the U.S.
• The trajectory of gun legislation
• Factors contributing to gun violence such as mental health, domes-tic violence, etc.

Course Presenter(s):

• Greg Woods, J.D.

Time to Say Goodbye: Ethical Considerations When Ending Client Relationship

Price: $19.99

An important yet overlooked issues in practicing law are the ethical considerations when ending formal relationships with clients. If you work in a large law firm such matters would hopefully be routine but small firms and private practice attorneys frequently make mistakes in this area. In this course we look at what the ethical framework is that underlies these principles. We then examine in detail the two types of withdrawals: optional and mandatory. Both case law and personal examples are explored to make these concepts concreate. We end the course by looking at different situations where formally ending a relationship is necessary and then explore some best practices.

Credits:

Course Agenda:

• Overview
• Types of Termination
• Ethical Framework
• Mandatory Withdrawal
• Optional Withdrawal
• Case Cites/Examples
• Personal Examples
• Best Practices
• Other Situations

Course Presenter(s):

• David Graulich, Esq.

Trust Account Basics

Price: $19.99

This session will cover the practical aspects of managing Client Trust Accounts in a law firm and what profitability measures lawyers should be reviewing.

• Client Trust Account Protection Program [CTAPP]
• What reports should you have for your trust account?
• How should your trust account be reconciled?
• Common mistakes

Credits:

Course Agenda:

Course Presenter(s):

• Diane Camacho

Unauthorized Practice of Law

Price: $19.99

The unauthorized practice of law, (UPL), is "engaging in the practice of law by persons or entities not authorized to practice law" and the State needs to control who holds themselves out as an attorney to give value to the licensing and ethics control entities such as the Bar Associations and Court systems. Tensions arise when consumers need certain services which they may believe are too costly if performed by a bona fide lawyer or firm. This course outlines those tensions, the balancing factors which certain states have used to address these issues and takes a close look at several situations in which the non-lawyer entities may pose a risk to the public, and where lawsuits have been necessary to limit or curtail these non-lawyer entities.

Credits:

Course Agenda:

• What is UPL?
• The Wills Crisis and UPL
• LegalZoom & UPI
• Cases
• The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980)
• Peters Production, Inc. v. Desnick Broadcasting Company
• Ginger v. Cohn (Cite 426 F.2d 1385)
• Bay County Bar Association v. Finance System, Inc.
• State v. Despain, 319 S.C. 317, 460 S.E.2d 576 (1995),
• Franklin v. Chavis, 371 S.C. 527, 640 S.E.2d 873 (2007)
• Kone v. Wilson,630 S.E.2d 744, 272 Virginia 59 (2006)
• House Counsel
• Punishments for Violations: Examples
• Conclusions

Course Presenter(s):

• Russell Jackman, Esq.

Update on NLRB Cases, Guidance and Rulemaking

Price: $19.99

Credits:

Course Agenda:

Course Presenter(s):

• Thomas A. Lenz

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

Price: $19.99

This program covers an array of legal, regulatory and policy topics involving California water supplies and related environmental issues, all of which implicate federal, state and local laws and regulations. California often serves as a model utilized by other states for some of these matters, making this discussion helpful for understanding what occurs throughout California and beyond. The program identifies different types of water rights, regulatory overlays from all levels of government and distinctions between surface and groundwater rights and rules. Also discussed is navigating through drought and climate change conditions when water demands may be high but supplies low. The presenter offers ideas looking ahead to avoid or resolve water resource disputes.

Credits:

Course Agenda:

Course Presenter(s):

• Wes Miliband

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