This presentation is not about how to comply with state law in order to organize and operate a business as an LLC. Instead, ideas and suggestions are offered on how to effectively counsel people who come to your office who want to create and operate their business as an LLC. Do they really know each other well enough? Do they really share the same goals? Do they really agree on how to handle finances and decision making? The content of this course is intended to help you help them make sure they are ready to successfully operate their business as an LLC.
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.
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.
It is not always clear how a deposition or written discovery responses can be used by a party during an evidentiary hearing or trial. The applicable discovery rules provide guidance, but frequently the judge is unsure of what is and is not permissible, and whether the response even needs to be shown to the witness or whether the witness or opposing party is allowed to explain or rebut a discovery response. This presentation will discuss the permissible use of discovery responses and depositions under the applicable rules of civil procedure. Additionally, there will be a discussion of practical considerations for use of the discovery. Finally, this presentation will provide suggestions on methods to make the discovery responses more effective or useful at a hearing or trial.
Attorneys in firms of all sizes – from solo practitioners to lawyers are multinational Big Law firms - face a number of ethical issues relating to cybersecurity, and preserving the confidentiality and security of their clients’ data. Contrary to what some lawyers may believe, law firms are often a valuable target for hackers because they can hold vast collections of sensitive and highly valuable client-related data. These cybersecurity threats come from individual hackers, international cybercriminals, and even a firm’s own attorneys and other employees. This program provides a basic primer on attorneys’ ethical obligations to understand and address the cybersecurity risks they face, and provides practical advice for attorneys in addressing issues that arise will undoubtedly arise in their legal practice.
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Relocating a professional sports franchise name may seem as simple as selecting a new city, building a new stadium, and changing the team's name. In this course, we analyze some of the major legal obstacles that can appear when relocating a professional sports team—specifically the St. Louis Rams—where a beloved NFL franchise moved from the Midwest to Los Angeles. We also examine the legal battle that ensued and future implications for sports teams looking to relocate.
This program will address the importance of lawyer well-being as it relates to our ability to practice law with competence. Information will be provided on what well-being is and why the legal profession has such high rates of substance use and mental health concerns as compared to the general population. Specific steps we can take to ameliorate substance use and mental health issues will be provided. Finally, several trauma-informed body-based tools will be taught that are effective in calming anxiety, overwhelm and stress.
Trade Secret Law is rather atypical among legal causes of action, including particularly intellectual property claims. In particular, depending on whether the claim is brought based on the law of a specific state—for example, Utah, Texas, or Wisconsin—or whether the claim is brought based on federal law, the elements one will need to prove may differ. In this introduction to Trade Secret Law, attorneys learn the basics of Trade Secret Law. The presentation is broken down into four sections—one for each possible element needed to be proven to prevail on a Trade Secret claim. In addition, a sample case addressing each element of the identified Trade Secret claim is thoroughly analyzed and discussed.
Attorneys are constantly facing demands on their time from courts and clients. With all these responsibilities, who could possibly find time to fit in a pro bono case? This presentation will discuss the importance of pro bono representation, explain the numerous opportunities for both short and long term pro bono representation, and provide some ethics considerations and practice tips for those who want to get started.
This course is designed to expand on various issues under the umbrella of technology law. In every aspect of a lawyer’s career, technology plays a role. Technology is so important to today’s lawyer that state Bars are starting to add a technology element to required CLEs. This course provides a summary of issues related to e-discovery issues should litigation ensue and addresses attorney duties in regards to data security.
Telehealth has exploded in recent years due to the COVID-19 public health emergency, although it has been around for a number of years. Similarly, veterinary telehealth, or as we are calling it, TelePet, is currently growing at a rapid pace, however, many states are not aligned with each other regarding what services can be provided virtually and what needs to happen before TelePet services can be provided. During this webinar, we will move through the timeline of how TelePet first began, where the industry is now, and how much further we have to go. We will cover the law, the practice, and the money to help stakeholders understand all considerations that are at play when thinking about TelePet.
Navigating a divorce case from complaint to judgment is almost as difficult as navigating New Jersey’s “pothole” filled highways. There are hazards at every stage of the proceedings which can derail your case at any time. This Divorce Law Guide will help you safely avoid those potholes so that you can get your client what they want - a DIVORCE JUDGEMENT. This course is a basic guide of the various stages of a divorce case in New Jersey. The statutory and procedural hurdles are discussed in plain English so that even the new practitioner and the client can understand the lengthy and costly divorce practice.
This course will teach you the fundamentals of using federal Civil Rule 35 to take mental examinations, a discovery technique commonly used in employment cases by management to have a mental health practitioner intrusively question the plaintiff. We will discuss who can attend such an examination, the uses and misuse of “garden variety” emotional distress, the role of the treater and the treater as a “hybrid” witness, the reports required of a forensic expert and treater, as well as psychological testing and the controversy over malingering and the Fake Bad Scale, and tax treatment of emotional distress damages. By the end of this course you should be able to answer the following questions: Must the plaintiff endeavor to mitigate emotional distress damages? Can the defense conduct an ex parte interview of plaintiff's treater? And can the defense require the plaintiff to be interviewed by a vocational rehabilitation professional?
In this course you will learn the basics of construction contracts and key terms that are often included agreements. We will address key payment provisions that should be carefully considered and evaluated in contracts as well as dispute resolution options and how to best draft them to suit individual needs. We will also cover the types of key disclosures to make in construction contracts to stay in compliance with state regulations.
Business interruption insurance is intended to protect a business against loss. Does it protect a business against COVID-19? In this course we will explore the legal arguments that can be made by both policyholders and insurance companies in this billion dollar question. Take a crash course in business interruption insurance and litigation, with a special focus on COVID-19!
The purpose of this course is to introduce listeners to the various kinds of litigation that arise under Title VII. We will discuss the background of Title VII and legal developments that have shaped the law into what it is today. We will also discuss the various kinds of claims and the general elements of each claim. Listeners will be left with an understanding of the general framework for Title VII Litigation.
Social media and mobile phone contests and sweepstakes may seem like a no-brainer for many businesses, but are you equipped to help clients set up and conduct them legally? This course outlines the legal issues involved in conducting sweepstakes and contests, otherwise known as chance and skill prize promotions, when conducted via social media or mobile devices. It will cover applicable state gambling laws, how to handle user-generated content per the Digital Millennium Copyright Act, the Communications Decency Act, and the Consumer Review Fairness Act. It will also outline practical considerations such as privacy concerns, specific platform requirements, and FTC endorsement guidance so your clients’ social media and mobile contests can run smoothly.
In this program, Natural Resources Defense Council (NRDC) Senior Attorney and Managing Litigator Selena Kyle will introduce the concept of environmental justice and discuss trends in federal environmental justice policy and private environmental-justice advocacy. This program will use examples from the guest’s own impact litigation practice to illustrate current issues in environmental justice.
In this overview of trademark and trade dress law, we use famous and fun automobile cases to explore how trademark laws work in the realm of cars. We address the fundamentals of trademark law, including functionality, inherently distinctive trademarks, secondary meaning, and likelihood of confusion. We use fun car cases to explore the trademark limits of copying. And we see jurists sometimes disagreeing with each other on the role of trademark laws for automobiles. Along the way, we offer useful tips to protect and advise clients and prepare cases.
Among the most important topics in immigration defense today is CRIMMIGRATION, that is, the consideration of how to contend with and explain criminal issues, including fraud, misrepresentation, illegal activity and crimes involving moral turpitude, for immigration clients. This seminar will consider how to tackle this extremely important issue separate and apart from proving hardship issues in 601-waiver petitions by using MITIGATION, just as criminal defense lawyers use mitigation to defend and explain their client’s criminal behavior with prosecutors or in court.
Contributing to candidates, starting a political action committee, raising money for candidates, and being involved in advocacy organizations are all highly regulated efforts. It is important to understand contribution prohibitions and limitations, disclosure rules, and other restrictions on political activity at the federal, state, and local levels. In this overview course, we will explain how the Federal Election Campaign Act and the various state laws apply to different activities and actors, such as candidates, super PACs, companies, and individuals.
Attorneys in firms of all sizes – from solo practitioners to lawyers are multinational Big Law firms - face a number of ethical issues relating to cybersecurity, and preserving the confidentiality and security of their clients’ data. Contrary to what some lawyers may believe, law firms are often a valuable target for hackers because they can hold vast collections of sensitive and highly valuable client-related data. These cybersecurity threats come from individual hackers, international cybercriminals, and even a firm’s own attorneys and other employees. This program provides a basic primer on attorneys’ ethical obligations to understand and address the cybersecurity risks they face, and provides practical advice for attorneys in addressing issues that arise will undoubtedly arise in their legal practice.
In this course, attorney and forensic expert Mark Silver delves into criminal mitigation strategies for the client suffering from Borderline Personality Disorder. Borderline Personality Disorder is among the least understood, and yet perhaps the most important mental health issues for criminal defense lawyers. As many as 6% of the population carry the diagnosis of Borderline Personality Disorder and the criteria for this mental health issue provide profound understanding regarding the criminal defendant's decision-making, behaviors and conduct, emotional instability, erratic conduct, impulsivity, depression and low self-esteem, and related matters. It is crucial for the criminal defense lawyer to be able to recognize borderline personality disorder in clients and know when to refer the case for an evaluation and/or how to use aspects of this disorder for mitigation purposes.Borderline Personality Disorder: Pre-plea and Pre-sentence Criminal Mitigation Strategies
This course examines criminal mitigation in the instance of white-collar and middle-class defendants. Here, attorneys who may represent white collar criminal defendants gain an understanding of both the purpose and challenges of mitigation. Because the white collar criminal defendant is often demonized as a result of bias or prejudice from the community and prosecutor's office the psychosocial background issues must be understood in detail given particular challenges for this kind of criminal defendant in an effort to more fully advocate for them.
During this session entitled “Bystander Intervention in Legal Workplaces”, the facilitator will cover examples of explicit and implicit bias and discuss what lawyers can do to intervene and promote equity and inclusion where they work.
Relocating a professional sports franchise name may seem as simple as selecting a new city, building a new stadium, and changing the team's name. In this course, we analyze some of the major legal obstacles that can appear when relocating a professional sports team—specifically the St. Louis Rams—where a beloved NFL franchise moved from the Midwest to Los Angeles. We also examine the legal battle that ensued and future implications for sports teams looking to relocate.
This program will address the importance of lawyer well-being as it relates to our ability to practice law with competence. Information will be provided on what well-being is and why the legal profession has such high rates of substance use and mental health concerns as compared to the general population. Specific steps we can take to ameliorate substance use and mental health issues will be provided. Finally, several trauma-informed body-based tools will be taught that are effective in calming anxiety, overwhelm and stress.
Trade Secret Law is rather atypical among legal causes of action, including particularly intellectual property claims. In particular, depending on whether the claim is brought based on the law of a specific state—for example, Utah, Texas, or Wisconsin—or whether the claim is brought based on federal law, the elements one will need to prove may differ. In this introduction to Trade Secret Law, attorneys learn the basics of Trade Secret Law. The presentation is broken down into four sections—one for each possible element needed to be proven to prevail on a Trade Secret claim. In addition, a sample case addressing each element of the identified Trade Secret claim is thoroughly analyzed and discussed.
Attorneys are constantly facing demands on their time from courts and clients. With all these responsibilities, who could possibly find time to fit in a pro bono case? This presentation will discuss the importance of pro bono representation, explain the numerous opportunities for both short and long term pro bono representation, and provide some ethics considerations and practice tips for those who want to get started.
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