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- Attorney Licensure and the Impaired Professional
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Attorney Licensure and the Impaired Professional
From darkness and the depths of despair – to recovery and redemption. Unfortunately, Laurie's struggles with drugs, alcohol and substances are not unique. What is unique is her phoenix-like rise from impairment to the Executive Director of Lawyers Concerned for Lawyers.
Laurie shares her personal story, and accompanied by Tracy Kepler, she will detail how impaired attorneys risk destroying their careers and lives. Laurie and Tracy will discuss recent studies & statistics, detail the resources provided by state LAPs, instruct attorneys on how to recognize signs of impairment, identify the possible disciplinary implications of an impaired attorneys' conduct and show you what law firms & attorneys can do about the problem. Additional topics: Lawyer Assistance Programs (LAPs), the Prevalence of Substance Use Among American Attorneys, Bloomberg Law's Attorney Workload & Hours study, the "Stress, Drink, Leave" study, tips for helping, Model Rule 5.1, Model Rule 1.1, Model Rule 1.16(a)(2), ABA & State Ethics Opinions, programs & policies, assessments, mentoring, counseling, well-being training and making YOURSELF a priority.
Laurie Besden is the Executive Director of Lawyers Concerned for Lawyers of Pennsylvania, Inc. (LCL). Tracy L. Kepler is a Risk Control Director for CNA's Lawyers Insurance Program.Specialty Areas: Competence Issues
Practice Areas: Competence Issues
Offered In: California (CA)
Course Expiration: 02/08/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours | 1.00 Competence Issues
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Original Production Date: 02/08/2023
Run Time: 1:00:00 - Free Speech on Campus
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Free Speech on Campus
The Founding Fathers thought so highly of robust public discussion, they added the freedom of speech to the 1st Amendment to the Constitution - right after the freedom of religion. Unfortunately, many colleges do not place this same value on the right to free speech.
One junior college student was barred from passing out pocket Constitutions - on Constitution Day. Emory University told students they can’t hang Christmas decorations. And Syracuse University charged a student orientation leader with hazing & suspended her – because she helped organize an optional campus scavenger hunt. There are countless tales of colleges impermissibly chilling speech on campus and punishing students for legally exercising their free speech rights. In this CLE, Zach Greenberg will mainly cover: hate speech vs. free speech, the more speech approach, college standards & regulations, speech codes and free speech zones. Additional topics: public vs. private colleges, harassment policies, the "true threat" standard, thought reform at the University of Delaware and dealing with hateful speech. Zach will also discuss numerous case examples where colleges overstepped their bounds and trampled on student's First Amendment rights.
A native New Yorker, Zach graduated from Binghamton University in 2013 and Syracuse Law in 2016. Zach developed an appreciation for free speech while leading the College Libertarians and the Federalist Society.Practice Areas: Education Law
Offered In: California (CA)
Course Expiration: 08/23/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours
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Original Production Date: 08/23/2023
Run Time: 1:00:00 - Help for the Helper: Trauma, Compassion Fatigue and the Lawyer Who Cares
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Help for the Helper: Trauma, Compassion Fatigue and the Lawyer Who Cares
Quick question. Why did you become an attorney? Many of us chose the legal profession as a noble calling to help people. But what happens when you have to deal with other people's problems - 90 hours a week, 51 weeks a year??
Trauma, burnout and compassion fatigue are all too often part of our daily legal practice. In this CLE, Brian Quinn will explore the connection between compassion fatigue that attorneys experience and medial & legal studies that have discovered a dramatic increase in attorney impairment due to alcoholism, addiction, and mental health disorders. Main subjects covered: LAP (Lawyer Assistance Program) Services, Burnout & Secondary Trauma, Compassion Fatigue, Why Lawyers are at Risk and Strategies That Work. Model Rule 1.6 ethical disclosure exception, being a problem collector, physical signs of burnout, the culture of the legal profession, disconnection & distraction, loneliness, lawyers as perfectionists, Secondary Traumatic Stress (STS), trauma, countertransference, compassion satisfaction, compassion fatigue, from zealot to zombie, how your work suffers, movement is medicine, gratitude journals and using meditation apps.
Brian S. Quinn, Esquire is a licensed attorney in Pennsylvania who currently serves as the Education and Outreach Coordinator for LLC of Pennsylvania, a Lawyers Assistance Program established for the purpose of helping lawyers, judges and law students.Specialty Areas: Competence Issues
Practice Areas: Competence Issues
Offered In: California (CA)
Course Expiration: 06/15/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours | 1.00 Competence Issues
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Original Production Date: 06/16/2023
Run Time: 1:00:00 - How Unconscious Bias Creates Risks for Law Firms
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How Unconscious Bias Creates Risks for Law Firms
"It ain't what you don't know that gets you into trouble. It's what you know for sure that just ain't so." - Mark Twain
Implicit bias is a hard-wired cognitive shortcut that is the brain's way of simplifying a very complex world. This mental crutch helps us make snap judgements to quickly assess potential dangers in our environment. But this same unconscious bias can lead to bad decisions that violate an attorneys' ethical duties of Competence, Communication & Diligence. It can also lead to bad press for law firms, malpractice lawsuits and possibly disbarment. In this CLE, Danny Howell will mainly cover the ABA & state response to combatting implicit bias, the types of unconscious bias that create ethical risks for attorneys, ABA Ethics Opinion 500, bias against persons with disabilities and the fact that a 1 hour implicit bias CLE is not enough. Further topics of discussion: confirmation bias, cultural bias, affinity bias, sunk cost bias, accent bias, the EEOC & mental health conditions, faulty assumptions, the circle of trust, mentoring, expanding your circle and following the leaders. Ethical Rules discussed: Rule 1.1, Rule 3.1, Rule 5.1 & Rule 8.4(d).
Danny Howell has been representing attorneys in professional liability suits, bar investigations and complaints and disbarment actions before the federal courts and the United States Patent & Trademark Office, for over 25 years.Specialty Areas: Implicit Bias
Practice Areas: Implicit Bias
Offered In: California (CA)
Course Expiration: 11/28/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours | 1.00 Implicit Bias
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Original Production Date: 11/28/2023
Run Time: 1:00:00 - Legal Issues for Influencer Marketing
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Legal Issues for Influencer Marketing
Ask almost any kid what they're going to do when they grow up. YouTuber and Influencer will be two of the top answers.
Yes, Logan Paul might make your stomach sick. But he leveraged his social media influence to sell his energy drink Prime to Coca-Cola for $10 Billion - after only 9 months in existence. Influencers wield increasingly more power in the marketplace & advertising in our new Tik Tok, Instagram and Threads world. Rob Laplaca will introduce you to the world of social media influencers and the legal issues for companies that utilize them to sell their products and represent their brands. Main topics: Characteristics + Regulations, Endorsements + Mandatory Disclosures, Penalties, Recent Enforcement Actions and Influencer Contract Provisions. Additional points of discussion: fake followers & posts, the FTC Act, FTC Guidelines, reviews & testimony, tags, pins, likes, "material connection," seen & understood, civil liability and typical FTC Orders. Enforcement actions discussed: Roomster, Amazon, Fashion Nova, Teami, Lord & Taylor, Kim Kardashian and Tom Brady & FTX Crypto.
Rob represents promotional marketing agencies and major brands, including food and beverage, retail, entertainment and personal care in a variety of nationwide marketing activities from traditional promotions and offers to social media, in-app and other on-line programs.Practice Areas: Business Law, Intellectual Property
Offered In: California (CA)
Course Expiration: 07/07/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.25 credit hours
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Original Production Date: 07/07/2023
Run Time: 1:15:00 - Leveraging Legal Data and Analytics to Win in State Trial Court
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Leveraging Legal Data and Analytics to Win in State Trial Court
Moneyball. A book written about the Oakland A's because their organization was the first to utilize research and analytics in baseball to achieve tremendous success on a limited budget. "Moneyball" has since crossed over into numerous industries = and now it’s available for trial lawyers.
How often does opposing counsel take cases to trial? What is your judge's summary judgement record? How can analytics help you write more persuasive motions? How can legal information make you a better lawyer? Attorney Nicole Clark will show you how legal research, data & analytics can help you win your cases in state trial court. Main topics: Judge Analytics & Ruling History, Case Valuation & Verdict Data, Strategic State Trial Court Research & Alerts and Law Firm Intelligence. Additional subjects: potential risks of re-assignment, litigation & motion strategy, discussing case strategy with your client & setting expectations, the 4 Buckets of Data (1) Rulings (2) Dockets (3) Documents (4) Verdicts, rulings as outlines for motions, searching filed documents via legal issue, motion type & outcome, expert testimony, jury instructions, motions to disqualify and good faith settlements.
Nicole A. Clark is an attorney and the co-founder and CEO of Trellis. She previously worked as a litigator, where she quickly realized that leveraging legal research, data and analytics could transform the practice of law.Specialty Areas: Technology
Practice Areas: Business Law, Family Law, Intellectual Property, Litigation, Personal Injury, Trusts and Estates
Offered In: California (CA)
Course Expiration: 09/22/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours | 1.00 Technology
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Original Production Date: 09/22/2023
Run Time: 1:00:00 - Little Known Secrets About Altered Documents in Legal Cases
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Little Known Secrets About Altered Documents in Legal Cases
Nowadays "documents" means much more than it did 30 years ago when all your valuable "papers" were behind lock & key in your trusty file cabinet. Emails, PDFs, word docs, JPGs & more have now expanded the world of documents - as well as forgeries, fakes and cut & paste signatures.
How do you know if a PDF is legit? How can you tell if the signature on a holographic will has been "lift cropped"? Dr. Edmond Locard said that "any action ...constituting a crime, cannot occur without leaving a trace." Mike Wakshull will show you how he finds these traces & clues using the tools & techniques of his Forensic Document Examination practice. Case examples discussed: is a JPEG embedded in PDF part of the original document, Divorce Case - Zoom stock split email, altered deed filed with the county recorder, alteration of a mortgage document, PDF authenticity, faked signature on a holographic will, intersection of ink & toner and intersecting lines. Further topics: "Repeatability, Reproducibility & Replicability," Photoshop tools, using camera metadata, GPS data, the Video Spectral Comparator (VSC), the digital microscope, using blue light & filters and ESDA Imaging.
Michael N. Wakshull is a court-qualified civil & criminal forensic document examiner and has been qualified as an expert witness in California Superior Courts and Federal District Court. His clients are in 27 states and five countries and partners with legal clients to dissect evidence presented in handwritten and computer-generated questioned documents.Practice Areas: Business Law, Criminal Law, Litigation, Personal Injury, Real Property, Trusts and Estates
Offered In: California (CA)
Course Expiration: 07/11/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours
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Original Production Date: 07/21/2023
Run Time: 1:00:00 - Nutraceuticals: Dietary Supplements for Attorneys
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Nutraceuticals: Dietary Supplements for Attorneys
If it's natural... it"s safe. Dietary supplements don't interact with other drugs. And the labels for dietary supplements will accurately list all ingredients. True or False??
Yes, the myths abound when it comes to Nutraceuticals, also known as dietary supplements. Taught by Toxicologist Dr. Allison Muller, this CLE provides insight into dietary supplements & legal claims based on actual legal cases straight from her case files. Dr. Muller will mainly: describe the role of the FDA in regulating dietary supplements, compare & contrast adulterants vs. contaminants, list 2 dietary supplement-drug interactions, identify 1 dietary supplement that can cause impairment and explain how dietary supplements can give a positive drug screen result. Dr. Muller will also discuss: non-drugs, homeopathic treatments, pharmacokinetics, pharmacodynamics, the Dietary Supplement Health and Education Act of 1994 (DSHEA), product liability, false advertising (mislabeling), workplace impairment, existing medical conditions and Cannabidiols (CBD).
Dr. Muller is a board-certified toxicologist, fellow of the American Academy of Clinical Toxicology, and registered pharmacist with over 20 years' experience in the field of clinical toxicology.Practice Areas: Business Law, Criminal Law, Litigation, Personal Injury
Offered In: California (CA)
Course Expiration: 02/22/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours
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Original Production Date: 02/22/2023
Run Time: 1:00:00 - Overcoming Gender Bias in the Legal Profession
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Overcoming Gender Bias in the Legal Profession
The bad news - most gender diversity initiatives and programs have accomplished very little change and the legal profession remains significantly male dominated, especially amongst managing and equity partners.
The good news - Andie and Al are here to show you what can be done to create a more successful and profitable law firm. Andi and Al will mainly address the gender achievement gap, how diversity & inclusion benefits firms, why greater gender diversity & inclusion has not been achieved and what legal organizations can do to reduce gender bias. Further topics covered in this CLE course: what the ABA has done to address gender bias, the moral & business rationale for diversity & inclusion, affinity & unconscious bias, ABA Model Rule 8.4(G), ABA Resolutions 10A, 108D, 300 & 302, masculine & feminine stereotypes, Chuck Norris, intersectionality, consequences of bias, unconscious bias, what allies can do and the bias assessment.
Andrea S. Kramer is an attorney and a partner in the international law firm of McDermott Will & Emery, LLP. The managing partner in the Chicago office of Nixon Peabody, Al is a frequent writer and lecturer on the financial markets, financial regulation, corporate governance and diversity in the legal profession.Specialty Areas: Elimination of Bias
Practice Areas: Elimination of Bias
Offered In: California (CA)
Course Expiration: 06/22/2027Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours | 1.00 Elimination of Bias
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Original Production Date: 06/22/2022
Run Time: 1:00:00 - Professionalism Lessons From Big Screen Lawyers
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Professionalism Lessons From Big Screen Lawyers
For better - or worse - many people's perceptions of attorneys are based on Elle Woods, Atticus and everybody's favorite cousin, Vinny. From Philadelphia to The Firm, the movies we watch dominate the public's perceptions of what real attorneys do.
But is there something these fictional characters can teach us about professionalism and achieving higher standards of conduct in our everyday conduct? Ron E. Daniels will highlight professional - and unprofessional - conduct displayed by some of our favorite big screen movie characters to teach us how we can practice with greater professionalism. Ron will use the Georgia Lawyer's Creed to show how you can enhance your service to your clients, opposing parties & their counsel, the courts, colleagues in the practice of law, the profession, the public & our systems of justice. Movies & characters discussed include: Joe Miller in Philadelphia, Fletcher Reede in Liar Liar, Gordon Bombay in The Mighty Ducks, Elle Woods in Legally Blonde, Atticus Finch in To Kill a Mockingbird, Mitch McDeere in The Firm, Rudy Baylor in The Rainmaker and Vincent Gambino in My Cousin Vinny.
Ron E. Daniels is a trial attorney that represents clients in consumer protection cases. He fiercely and proudly represent Georgians in cases involving credit card, student loan and medical debt.Specialty Areas: Civility
Practice Areas: Civility, Ethics, Professionalism
Offered In: California (CA)
Course Expiration: 12/16/2027Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours | 1.00 Civility
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Original Production Date: 12/16/2022
Run Time: 1:00:00 - Ransomware Attacks on the Legal Profession
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Ransomware Attacks on the Legal Profession
Cyber attacks cost companies $1 Billion+ last year. More bad news – cybercriminals have begun targeting law firms and their sensitive client data & files for ransomware attacks. What would you do if you were attacked and locked out of your client files?
Attorneys and legal professionals must be proactive – not reactive. We now have an ethical responsibility to be competent with technology which includes safeguarding confidential & protected information like PII. Rachel V. Rose will let you inside the cybercriminal’s mind to help prevent ransomware attacks at your law firm by discussing: Federal Laws, terms, enforcement actions, insurance trends and cyber risk management. Additional topics: the psychology & motivation of the cybercriminal, Routine Activity Theory (RAT), Social Learning Theory (SLT), the Bryan Cave & DLA Piper ransomware attacks, proactive prevention, social engineering, shoulder surfing, dumpster diving, mail-outs, forensic analysis, tailgating, phishing, OFA, NIST, FIPS, Meta Pixel, HIPPA, the HITECH Act & HR 7898, Texas Biometric Privacy Rights vs. Meta, the DOJ & criminal penalties, lack of compliance, “poaching data,†remote workers, government enforcement, network security & privacy liability.
Rachel V. Rose, JD, MBA is a disciplined, empathetic, and tenacious attorney advocating for and winning desired legal outcomes for national and international clients. Ms. Rose's practice includes compliance, transactional, and litigation matters primarily related to healthcare, cybersecurity, securities, the False Claims Act, and Dodd-Frank.Specialty Areas: Technology
Practice Areas: Business Law, Law Practice Management, Technology
Offered In: California (CA)
Course Expiration: 08/28/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.25 credit hours | 1.25 Technology
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Original Production Date: 08/28/2023
Run Time: 1:15:00 - Selecting a Trustee: Ethics, Responsibility and Completion
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Selecting a Trustee: Ethics, Responsibility and Completion
An estate plan is a set of written, dated and signed documents based on the Probate Code of your state. Every one of us should have an estate plan and establishing a trust is an essential part of planning for your clients.
In this CLE, Marguerite Lorenz will cover some key ethical issues around selecting a trustee, the duties of a Fiduciary and what completion of the trust looks like. Specific topics covered: wills, Power of Attorney for Finance, advance directives (AHCD), the trustor, planning for incapacity & death, the job of the fiduciary, administration, the business of your life, setting up successors for success, digital assets & accounts, model succession plan, who can serve as your fiduciary and how the trustee knows the work is done. Think of this presentation two ways - what you need to know for you and your own family in terms of estate planning (even if you already have an estate plan), and what you need to know to teach your clients how to select the right person(s) for the job of implementing their unique Estate Plan.
Since 2003, Ms. Lorenz has been a managing partner of Lorenz Private Trustees and has served as a Professional Trustee and Executor on over 100 matters.Specialty Areas: Legal Ethics
Practice Areas: Ethics, Professionalism, Trusts and Estates
Offered In: California (CA)
Course Expiration: 12/08/2027Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours | 1.00 Legal Ethics
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Original Production Date: 12/08/2022
Run Time: 1:00:00 - Spreading Like Wildfire: Battery Failure Investigations
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Spreading Like Wildfire: Battery Failure Investigations
This presentation will provide legal professionals with an overview of the investigation process following a battery failure or a failure of a battery-powered device. The presenter will introduce attendees to the operation, construction and historical development of a battery. The different types of batteries will be discussed as well as the failures that can occur. Scientific investigation techniques for a variety of battery-powered devices will be included, and case studies will be utilized to illustrate expert strategies for effective investigations and best practices for litigation management. Mr. Brad Davis is a Professional Engineer with over 20 years of experience providing expert consultation to the insurance and legal communities in matters of equipment losses, equipment valuation, damage assessment, and causation analysis.
Practice Areas: Business Law, Criminal Law, Litigation, Personal Injury, Real Property
Offered In: California (CA)
Course Expiration: 03/13/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours
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Original Production Date: 03/13/2023
Run Time: 1:00:00 - Succession Planning for Law Firms: Ethically Dealing with Death or Incapacity
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Succession Planning for Law Firms: Ethically Dealing with Death or Incapacity
As a solo and small firm attorney, you have a LOT on your plate. Unfortunately, due to our busy schedules and client demands, many attorneys simply fail to think about succession planning in the case of death or incapacity.
This CLE program taught by Ritzel Starleigh Ngo will provide legal practitioners with a practical framework of an attorney's ethical obligations to the law firm and clients in the case of the unforeseen. Using the ABA Model Rules as the foundation for the course, Ritzel speaker will discuss pertinent topics such as determining incapacity, primary components of an ethical law firm succession plan, rules regarding selling or shutting down a law practice, attorney-client privilege & confidentiality, fiduciary duties owed to clients, conflicts of interest, and dealing with client trust accounts. Ritzel will conclude with hypotheticals meant to instruct attorneys how to satisfy their ethical duties when confronted with common situations involving capacity.
A solo practitioner, Ritzel Starleigh Ngo is based in Camarillo, California. She is highly experienced in contentious dissolutions, parentage matters, child custody & visitation and spousal & child support.Specialty Areas: Legal Ethics
Practice Areas: Ethics
Offered In: California (CA)
Course Expiration: 08/19/2027Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours | 1.00 Legal Ethics
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Original Production Date: 08/19/2022
Run Time: 1:00:00 - The Ethics of Referral Fees
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The Ethics of Referral Fees
Curt Brown surveys the regulatory frameworks of the ABA and all 50 states so you know the ethical landscape when referring or accepting cases from fellow attorneys in your state and around the country. Curt will primarily discuss common misconceptions, ABA Rule 1.5 and the ethical approach states have taken to promote referrals amongst attorneys. Curt will also talk about best practices, 4 common myths, joint responsibility, disclosures, "reasonable fees," ongoing responsibilities after referring a matter, pure referral states, crossing state lines, international issues and dealing with nonlawyer companies and law firms based abroad. What Curt will NOT cover in this CLE: Referrals to & from Non-lawyers, Runners & Cappers and Lawyer Referral Services. Mr. Brown is Co-Founder and Chief of Legal Innovation at Overture and also serves as Overture's General Counsel. In 2023, he was named a Rising Star by Super Lawyers.
Specialty Areas: Legal Ethics
Practice Areas: Ethics
Offered In: California (CA)
Course Expiration: 05/31/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours | 1.00 Legal Ethics
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Original Production Date: 05/31/2023
Run Time: 1:00:00 - The Fundamentals of Franchise Law
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The Fundamentals of Franchise Law
7-Eleven, Chick-‘Fil-‘A, The UPS Store, ACE Hardware... walk down any street in America and you will walk past numerous franchises. Truly an American invention, it was Benjamin Franklin that created the first "franchise" in 1731.
Chris Howard specializes in this growing area of law and he represents both franchisors and franchisees all across the country. He counsels his clients with practical information to help avoid some of the common pitfalls that can trip up franchisees. Chris will mainly discuss: Terminology & Key Documents, the Regulatory Framework, Key Items in the Franchise Disclosure Document (FDD) and How to Review a Franchise Agreement. Additional topics: FTC Franchise Rule (16 CFR pt. 436), the 14 Day Rule, state franchise laws, "material change," Going Dark, Item 3 - Litigation, Item 12 - Territory Restrictions, Item 19 – Financial Performance Representations, Item 20 -openings, closings & transfers of franchise locations, Step 1 - Questions for the Client, Step 2 -“ What type of FA is it?, Step 3 - Review Material Terms, Step 4 - Territory Rights, Step 5 - Obligations, Step 6 - Default, Termination, Breach Provisions, Joint-Employer, Trademarks, Territorial Encroachment Arbitration and Inadvertent Franchise.
Chris specializes in franchise and corporate law, representing both franchisors and franchisees all across the country. He has drafted franchise documents and contracts for many large franchisors, franchisees, and entrepreneurs.Practice Areas: Business Law
Offered In: California (CA)
Course Expiration: 06/30/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.25 credit hours
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Original Production Date: 06/30/2023
Run Time: 1:15:00 - The Necessity of a Trust-Level Investment Policy Statement
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The Necessity of a Trust-Level Investment Policy Statement
An investment policy statement (IPS) is a document drafted between a portfolio manager and a client that outlines general rules for the manager. The IPS provides the general investment goals & objectives of a client and describes the strategies that the manager should employ to meet these objectives.
In this CLE Mark Schumacher will show you why the IPS is such an important part of the estate planning process for your clients. Mark will mainly cover: the regulatory framework, IPS elements, drafting & distributing the IPS, pragmatic considerations and special situations. Additional topics: the Uniform Prudent Investor Act (UPIA), the Uniform Trust Code (UTC), Harry Markowitz & Mean Variance Analysis, Modern Portfolio Theory (MPT), the Prudent Professional vs. Amateur standard, the Duty of Impartiality, the Duty of Loyalty, the Duty to Inform & Report, Inputs & Outputs, beneficiary considerations, co-mingled trusts, the closely held business, concentrated positions and real estate & mineral rights. Mark will also walk you through the key clauses and points of a sample investment policy statement (IPS).
Mark Schumacher, CPA, has a diverse professional background, with emphasis in investment management, securities research, business management and transition planning, and family legacy and philanthropic planning.Practice Areas: Trusts and Estates
Offered In: California (CA)
Course Expiration: 11/01/2027Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.25 credit hours
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Original Production Date: 11/01/2022
Run Time: 1:15:00 - Trademarks Are Fun: Using Trademark Law to Protect Your Client's Brands
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Trademarks Are Fun: Using Trademark Law to Protect Your Client's Brands
From donut shaped door handles, to the distinctive "scent of sweet, slightly musky, wheat-based dough" - better known as Play-Doh. Trademark law protects a wide variety of company & product logos, words, slogans and more.
Todd Fichtenberg will walk you through the wonderful world of trademarks and trademark law protections. Todd will mainly talk about what every attorney needs to know about trademarks, how trademarks protect brands in today's marketplace and counseling your clients on trademark registration and protection. Also discussed: service marks, certification marks, trade dress, product packaging, product design, store configuration, the distinctiveness spectrum, generic marks: cannot be registered, fighting genericide, acquired distinctiveness/secondary meaning, free speech & trademarks, disparaging marks, the notice of opposition, "scandalous & immoral," Likelihood of Confusion, dilution, blurring, tarnishment, parody, use application timeline 1(a), maintenance and trademark registration. Todd will also cover recent case law involving: Starbucks, Mutual of Omaha, Chewy Vuiton, NFTs, Jack Daniel's, Walmart vs. Kanye West (Yeezy) and Nike vs. StockX.
Todd A. Fichtenberg, Esq., has been a practicing attorney for over 11 years. Although Todd focuses his practice primarily on trademarks, he also has a wealth of experience in protecting creditors' rights in bankruptcy, probate & estate planning and business litigation.Practice Areas: Business Law, Intellectual Property
Offered In: California (CA)
Course Expiration: 05/22/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours
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Original Production Date: 05/22/2023
Run Time: 0:59:59 - Trustees in Mediation: The How and Why to Mediate
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Trustees in Mediation: The How and Why to Mediate
Trustees are frequently pulled into litigation involving the validity or construction of a trust instrument or amendment. Sometimes, the trustee itself is accused of inappropriate conduct. It is better to resolve trust litigation early and efficiently.
Hon. Glen M. Reiser (Ret.) has vast experience adjudicating and resolving thousands of complex commercial, real property/environmental, trust and family law disputes as a respected trial judge and litigator. In this CLE, Judge Reiser will provide his practical insights and guidance to trust professionals on the mediation process and how to achieve the best results for their clients. The main topics: the Role of Trustees in Mediation, the How & Why to Mediate and Best Practices for the Mediation. Additional subjects: Arbitration vs. Mediation, Mediation in Probate, Trust & Conservatorship Litigation, Mediation: Who Attends, the Trustee as Neutral Stakeholder, the Trustee as Target, Mediation: When Is Best, the Mediation Process, Helping the Mediator Help You, Impairments to Settlement, Overcoming Real Barriers, Working on Creative Solutions and the Settlement Agreement.
Hon. Glen M. Reiser (Ret.) has vast experience adjudicating and resolving thousands of disputes and he regularly teaches California judges trust, probate, and conservatorships through the Judicial Council of California’s Center for Judicial Education and Research (CJER).Practice Areas: Family Law, Trusts and Estates
Offered In: California (CA)
Course Expiration: 06/30/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours
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Original Production Date: 06/30/2023
Run Time: 1:00:00 - Weaponizing Rule 1.7: Ethics Empowers Policyholders When Insurers Reserve Rights
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Weaponizing Rule 1.7: Ethics Empowers Policyholders When Insurers Reserve Rights
This CLE will offer in-depth legal analysis and practical suggestions on how ethical duties can empower policy holders when a liability insurer agree to defend under a reservation of rights but then appoints defense counsel and directs the defense.
In this CLE, Stephen L. Thomas examines the language of the ethical rules, liability insurance law, and provides non-litigation solutions for panel counsel to comply with ethical obligations, for reserving insurers to fulfill contractual & regulatory obligations, for policyholders to enforce their rights and for counsel for injured victims to facilitate prompt settlements. The main issues discussed: how a reservation of rights triggers counsel's duty of undivided loyalty and creates a possible conflict of interest, well established (disparate) case law and practice pointers for how policy holders can win. Also covered: the 3 Types of Jurisdictions, the California Restatement Rule, Per Se Rule states, the Enhanced Duties Rule, Rule 1.7: Undivided Loyalty, Rule 1.4: Communication, Rule 1.6: Confidentiality, Rule 1.8: Compensation (Cal. 1.8.6), the 6 Prongs to success, developing admissible evidence, Insurance Industry Defenses, case law. Model emails & letters, questionnaires and a detailed memorandum of law are also provided in the written materials.
An attorney with over 40 years of experience in Insurance Law, Stephen L. Thomas focuses on defending policyholders in a wide variety of liability suits.Specialty Areas: Legal Ethics
Practice Areas: Business Law, Ethics, Personal Injury, Real Property
Offered In: California (CA)
Course Expiration: 03/20/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
2.00 credit hours | 1.00 Legal Ethics
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Original Production Date: 03/20/2023
Run Time: 2:00:00 - When Your Case Goes Public
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When Your Case Goes Public
In today's outrage culture, things can go sideways very quickly for your clients in the court of public opinion. And "Bad Press" now includes blogs, social media, influencers and every Joey Bag O'Donuts with an iPhone.
This negative publicity - and sometimes downright outrage - can detrimentally affect your client's case and the results you can achieve for your client. A Crisis PR Expert, Dave Oates knows the risks of public interest firsthand and will show you how to handle media interest in your case when it hits the blogs, YouTube, Twitter and the nightly news. Main topics in this CLE: The Risks of Public Interest on Your Client's Legal Case, Preparing for Trial Publicity, Social Media & Influencer Interest, Litigation: Expanding Your Client's PR Presence, How to Handle Adjudication & Settlement and Preparing for Questions: How to Proceed Post Event. Further points of discussion: resetting the narrative, the public's view is perception, government entities, the wrongful termination case of Dr. Hasan Gokal, protecting the client, preparing for potential outcomes, creating a decision tree to proactively communicate and preparing for Q&As.
Starting as a U.S. Navy Public Affairs Officer and later as a Corporate CMO & Non-Profit President, Dave Oates has 30 years of experience dealing with Crisis PR. His experiences include employee & executive misconduct, cybersecurity attacks, product recalls, mass layoffs, large-scale accidents, criminal investigations, and civil litigation matters.Practice Areas: Business Law, Criminal Law, Employment Law, Litigation, Personal Injury
Offered In: California (CA)
Course Expiration: 06/22/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours
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Original Production Date: 06/22/2023
Run Time: 0:59:59 - Whoever Tells the Best Story Wins: The Power of Story to Influence and Persuade
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Whoever Tells the Best Story Wins: The Power of Story to Influence and Persuade
"Those who tell the stories rule society." - Plato. And those lawyers who tell the best legal story win their cases.
In this CLE, Jennifer Gardner shows you how lawyers can tell powerful legal stories and how to be a powerful legal storyteller. The main topics presented include: whoever tells the best story wins the trial or case, telling your client's persuasive legal story, what makes a good legal story great and what makes a good legal storyteller great. Additional topics: key concepts of engaging stories, humans learn through story, telling persuasive stories in your legal case, the neuroscience of storytelling, the right brain & emotions, the left brain as gatekeeper, triggering the right brain, universal story themes, struggle & conflict, Joseph Campbell & The Hero's Journey, archetypes, superheroes + antiheros, outlaws + tricksters, the emotional reality of your clients, credibility & authority, building trust & rapport, being human, how to listen actively and repetition & mirroring.
Jennifer B. Gardner has served clients in criminal and civil legal disputes since 1987 as a trial lawyer in Los Angeles since 1992. A proud graduate of the Trial Lawyers College, Jennifer is also a writer, a speaker and magnetic courtroom presence.Practice Areas: Criminal Law, Litigation, Personal Injury
Offered In: California (CA)
Course Expiration: 10/30/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours
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Original Production Date: 10/30/2023
Run Time: 1:00:00 - You Might Go to Prison, Even Though You're Innocent
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You Might Go to Prison, Even Though You're Innocent
From bad IDs to people telling lies, Justin Brooks provides the main reasons that people are wrongfully convicted and he offers detailed accounts of the cases he has worked on. Main topics: bad lawyering, differences in police work in the city vs. the country, you come home & find your partner dead, false confessions, junk science, the jury is blinded by junk science, bad information from informants, and you are poor and/or a person of color. Additional topics: bite mark evidence, bad crime scene preservation, Relative Opinion Process, Cross-Racial Identifications, DNA testing & database, the Reid Technique, the CSI Effect, the McMartin Pre-School case and the Brian Banks case. Professor Justin Brooks directs the LLM Program in Comparative Law in Spanish at the USD School of Law. e administers a national moot court program in Mexico and coordinates the work of 35 innocence organizations in Latin America.
Practice Areas: Criminal Law
Offered In: California (CA)
Course Expiration: 09/18/2028Media Type: Streaming Video, MP3, Video Download, MP3 Player, USB
1.00 credit hours
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Original Production Date: 09/18/2023
Run Time: 1:00:00