Get all 33 of your on-demand Florida credits with this compliance bundle.
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Get all 33 of your on-demand Florida credits with this compliance bundle.
The Course will focus on recent CFPB announcements and directives affecting real estate specifically regarding the Fair Credit Reporting Act, Prosecution of discriminatory lending practices, Clarification of Rules and Regulations, and an Explanation of the Rule pertaining to the transition away from the LIBOR index for determining rates on adjustable loans.
Preliminary injunctions and temporary restarting orders are extraordinary remedies whose use have recently been on the rise. Success in getting a court to grant requires passing rigid procedural hurdles and satisfying high standards of proof. In this one hour program, we will review various factors to consider when obtaining preliminary injunctions and temporary restraining orders as well as discuss issues that should be considered prior to filing for injunctive relief. Injunctions can be useful tools in protecting assets and halting wrongdoing but, injunctive relief means only as much as the ability to enforce it.
In this course, we will analyze the historical context of civil RICO claims and explore how relevant case law affects a RICO case plaintiff, including the particularity required of a claim (time, place, etc), details of the mental state, and pattern of activity.
This course will discuss in-depth class litigation and the expansion of telemarketing Regulations, including the rent increase in state mini-TCPA’s and/or adding private causes of actions. We will then take a deep dive into the First Amendment “Commercial Speech” Doctrine discussing its outright exceptions and developing regulations, noting the difference between viewpoint and content based restrictions. Lastly, we will analyze a trio of recent cases that have raised the possibility that Central Hudson is becoming “Zombie precedent.”
Unfortunately, the uniqueness of social security disability law scares many new and curious legal practitioners away. A non-adversarial process lacking in both rules of evidence and rules of procedure, and with a unique government-regulated fee process, it can be both intimidating and confusing for newbies. This program, presented by national industry leader Michael Liner, will provide an overview of the medical and non-medical eligibility requirements of the Social Security Disability (SSD) and Supplemental Security Income (SSI) programs. The nonmedical criteria covered for will include quarters of coverage, insured status, as well as income and resource rules. The medical criteria to be covered includes the sequential evaluation, exertional categories, and common non-exertional limitations. The appeals/claims process will also be covered and explored.
In this course, you will learn all about the protections provided to
disabled persons under the Americans with Disabilities Act (ADA) and
other laws as they relate to discrimination in the education context.
We will focus on both Title II, which covers public entities, and
Title III, which covers private entities. The course will provide
attorneys with a basic working knowledge of the ADA to better
represent their clients who face education-related discrimination.
Effective legal writing is a necessary skill in the practice of law and lawyers do tend to write well. However, regardless of how effective a lawyer’s writing skills are, there is always something useful to be gained from a review of effective writing guidelines and advice. This presentation describes the basics of legal writing. All other types of legal writing are built on these basics. Several specific types of legal writing are then addressed with guidelines and ideas to help your writing remain effective.
To help opposing parties resolve conflicts in the quickest and most effective way possible, mediators must be prepared to deal with a number of differing perspectives, personalities, and negotiation styles. In this informative and instructive course, experienced mediator and attorney Simeon Baum provides a detailed overview of the role of the mediator and the basic stages of mediation. Focusing on the Fisher/Ury Model of Cooperative Negotiation, Mr. Baum furnishes guidance on effective communication, active listening, how to deal with emotional triggers, and what mediation practices to avoid. Mr. Baum also discusses the art of giving and getting information as well as how mediators can help attorneys determine whether and when to settle, walk away, or prepare for an expensive and time-consuming trial. After viewing this course, attorneys will be equipped with the essential skills to guide their clients through a mediation as well as those needed to become a successful mediator.
An employee stock ownership plan or ESOP can be a powerful succession planning tool for business owners to consider for their ownership transition planning. ESOPs are highly regulated and require careful planning for implementation but also have the potential to offer meaningful tax benefits to the selling shareholder and the corporate sponsor of the ESOP. An ESOP can also provide significant employee benefits on a tax favored basis for employees. We will review the types of companies that are ideal candidates to consider an ESOP as well as poor candidates for an ESOP and review highlights of the process of evaluating and planning an ESOP transaction.
In this course, we will cover the basics of the Family and Medical Leave Act (FMLA). Attendees will gain a working knowledge of the FMLA and important terminology used in that statute. We will also review the process for notification, certification, and designation under the FMLA.
Managed properly, the Family and Medical Leave Act (FMLA) can assist employers and employees alike with respect to providing predictability and with handling the issues that arise when employees are on leave. But there are traps along the way, and Human Resources Departments and employment lawyers must be mindful of how to identify and avoid these traps. This intermediate-level class is for practitioners who have a working knowledge of the FMLA and now want to understand tactics and strategies, as well as best practices, so that they can avoid violating the law.
Our country’s criminal justice policies intersect with voting rights through felony disenfranchisement. Voting is a fundamental right and the cornerstone of democracy. Yet over 5 million U.S. citizens are denied the right to vote due to a previous conviction, even though many of them have returned to their communities or completed their full sentence. This CLE will first provide a definition of felony disenfranchisement and the process of rights restoration. We will then summarize felony disenfranchisement policies and their practical effect on our democracy. The course will then discuss case law on felony disenfranchisement and focus on the difficulty of protecting the voting rights of those with a prior conviction in federal courts. We will then turn to state court challenges to felony disenfranchisement and differing state policies on rights restoration. We will end with a discussion of developing litigation strategies, and opportunities for protecting the right to vote of citizens with a conviction through advocacy.
Recently, there have been questions regarding income inequality that have fueled trends in questioning the wisdom and fairness of today’s executive compensation practice. In this course, we will dive into the latest ESG updates and review significant litigation highlights and case law, as well as examine recent compliance obligations and best practices.
A personal injury case often needs an estate lawyer - and an estate lawyer often needs a personal injury lawyer's perspective. Alex Weatherby will start with a discussion on wrongful death and related claims, as there are unique issues in the state of Georgia that can make prosecuting a wrongful death claim tricky. He'll also cover claims involving a minor, because probate courts play a significant role in these claims as well. There is, obviously, much more to litigating both wrongful death and minor injury claims than can be covered in one hour. This course serves as an overview of the types of personal injury cases that will primarily intersect with probate and estate law.
National attention has addressed the pay gap for women. Beyond that, there is an information gap, a power and understanding gap, and common perceptions of femininity that have resulted in institutional disadvantages for female attorneys, especially litigators. This program exposes nationwide statistics regarding the wage gap between female and male attorneys and pays special focus to recent academic and bar association studies addressing gender differences in the profession. The course also addresses practical ways to overcome this gender gap, including negotiation strategies and skills to foster leadership and opportunities for professional development. The goal of this program is not just to raise awareness of the issue but to also offer its participants the opportunity to solve the problem.
Interacting with federal, state, and local officials is an important part of the job for many successful businesses. Not everyone that interacts with the government —or lobbies —is required to disclose their interactions, but many are. Interacting with federal government officials, if you are not discussing legislation, can require registration and reporting under the Lobbying Disclosure Act. Representing foreign clients can be even more daunting because of the Foreign Agents Registration Act (FARA). And that is before even thinking about interacting with state and local officials. Each state has its own lobbying disclosure system and what counts as lobbying can be eye opening: not just asking legislators to support a bill, but seeking regulatory changes, and even selling to the government can be lobbying in some places.
With legal practice reforms enabling law firms to build their tech stacks, coupled with the accelerating rate of innovation, now more than ever, embracing technology is necessary for litigators to stay afloat in the era of digitalization. This 1-hour long CLE will explore how innovation is the reshaping litigation practice. We will identify the pain points and risks that litigators face and how legal technology solutions can streamline workflows throughout the lifecycle of a civil action.
In this course, Camden Webb, who is a partner at Williams Mullen, will discuss theories of potential liability for the means by which firearms industry members market their products and will provide useful strategies for reducing liability risks. The course will provide an overview of the statutes and case law that regulate this issue, including the Protection of Lawful Commerce in Arms Act, case law interpreting the statute, developments regarding the theories of potential liability for marketing of firearms, and new state statutes that could increase risk to firearms industry members. Attendees will learn about the applicable law and the theories of liability, the best practices for monitoring and policing marketing strategies, and the steps that can be taken to reduce the risk of potential liabilities.
In this one hour course, bankruptcy attorney Daniel Gershburg provides an in-depth review into the meeting of the creditors. The meeting of the creditors, better known as a 341 hearing, is required by the bankruptcy code and an essential aspect of any bankruptcy case. This meeting allows the bankruptcy trustee and creditors the chance to ask questions of the debtor, assess the completeness of bankruptcy documents, and verify claims. This course will discuss the questions that might be asked of your client, how your client should respond, and how to avoid traps that could get your client into trouble.
The most probative piece of evidence a long term disability insurance company will present in a lawsuit regarding disability benefits is the report of the company’s doctor. This course will outline strategies to limit the weight given to such a report or to get the report thrown out entirely. We will cover attacks on the credibility of the insurance. company doctor, attacks on the opinion itself, and attacks on the methods used to arrive at those opinions.
Welcome to Real Estate Settlement Procedures Act: Marketing, Promotions & Illegal Kickbacks. With the recent real estate market downturn and rising interest rates, lenders are scrambling to find customers and close loans. This leads to potential ethical and regulatory violations concerning marketing practices, especially co-marketing with real estate agents. This course covers the strict federal requirements that financial service lawyers must know to comply with RESPA marketing and promotion requirements.
This one hour program will cover high level concepts of real estate transactions from a buyer’s perspective. We will address the role of a real estate attorney, ranging from due diligence considerations to contract negotiations. This course will provide you with some real world insight on best practices in managing contracts of sale.
The best advocates understand that they will convince arbitrator(s) to rule in their favor with a compelling story that is supported by witness testimony and documents. Critical to success is telling the arbitrator what you want them to do and how your arbitration story supports this action. This course will provide lawyers with strategies and tactics to develop a theme for a compelling arbitration story that is delivered through witness testimony and documents after careful planning.
Understanding the nuances of gender, gender identity, gender pronouns, neopronouns, sex, and sexual orientation can be challenging. During this session, the facilitators will provide basic definitions of various terms in the LGBTQIAP+ acronym while providing insights on how to use gender-inclusive language and how to create an LGBTQIAP+ friendly environment for employees and clients alike. This session is for allies, those new to DEI work, or anyone who desires to create safer spaces and safer language for humanity.
This presentation will cover what you need to know about outsourcing, how to use it, and how to avoid malpractice traps.We also cover other services regularly outsourced by firms, as well as the financial benefits of outsourcing, so that attorneys can stay focused on their cases. By attending this presentation, you'll learn how the ABAand State Bar Associations have applied ethical rules in the context of outsourcing legal services and support.
Despite its complexity, substance abuse impacts our profession at every level, often resulting in devastating outcomes. Yet, discussions about addiction commonly overlook preventative steps we can take to reduce the risk of professional and personal peril which may occur if left unaddressed. This presentation explores both sides of the issue by examining the root causes which lead to substance abuse within the legal profession. This course also delves into the connection between depression and addiction and how to implement successful strategies to address the underlying sources before they become destructive. For those suffering with substance abuse, discover key strategies and positive practices that can aid you in your journey toward wellness.
In this course, Andrew Lieb will discuss the emergence of restrictions on speech in public schools and whether those restrictions constitute actionable viewpoint discrimination. Can the government regulate what teachers and students wear and display in our public schools? When are time, place, and manner restrictions permissible and when are they discriminatory? Do policies like the “Don't Say Gay” rule, violate the First Amendment? This course will teach you how to analyze a viewpoint discrimination case and prepare you to fight to protect your clients' constitutional rights.
No longer merely a sci-fi concept, the Metaverse has become the latest iteration of the Internet for businesses, employers, and social gatherings. With a variety of tech companies creating Metaverse platforms, companies hosting virtual reality workspaces, factories setting up shop with digital twins, and groups socializing at simulated concerts, lawyers must take the reins in guiding how this new world is regulated. The body of Internet Law is constantly evolving, especially due to the fast-moving nature of technology. The Metaverse is gaining in popularity, and before universal adoption, we must consider the legal concepts necessary for this immersive, virtual world - and the ethical dilemmas it already faces.
This course explores the concept of civility and what that looks like in daily legal practice and times of crisis. We will use recent events to define and set the context for upholding civility in the legal profession. We will also review the ABA Model Rules of Professional Conduct relating to civility and sanctions for failure to uphold it, as well as relevant caselaw.
All compliance bundles are available at no additional cost with a CLE Unlimited subscription.