Ohio 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.

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

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.

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:

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

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.

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.

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

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

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

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