Minnesota Bundle

Attorneys can play a vital role in discussing advance care planning options with their clients prior to, during, and even after initial estate planning conversations. The Patient Self Determination Act and state laws govern the utilization of advance directives, the primary set of documents that explain a client’s advance care wishes. Advance directives typically consist of a living will or health care directive, which determines what types life-sustaining treatments the client may elect to receive, and a durable power of attorney for healthcare that affords them the ability to select a healthcare agent to make decisions should they lack decision-making capacity. This course will provide examples of a conservative approach to advance care planning using the state of Ohio as an example and contrast with the state of Washington’s approach in allowing natural death planning per its Natural Death Act.

More and more homes contain smart devices: Amazon Alexa, Google Home, Nest Thermostat, Smart TVs, Roombas, and more. These devices store all kinds of activities and send that data to the cloud. This CLE explores the types of data available, looks at some cases where that data was used, and discusses the law regarding the collection of this type of data. Section 1 is an introduction to the CLE and covers some definitions relevant for the presentation. In Section 2, explore a variety of cases involving internet of things devices. In Section 3, attorneys will learn how to obtain data from various devices.

An attorney is a professional; and being a good and respected attorney means more than just making lots of money and having lots of clients. It means displaying, encouraging, and garnering reciprocal professionalism. In this introduction to legal professionalism, we cover some of the major temptations, quandaries, and slip ups that attorneys can handle properly if they adhere to a high standard of professionalism. We also review a sample state’s creed on professionalism, as well as a recent ethics - related case before ending with a summary of suggested best practices for maintaining the highest standards of professionalism and avoiding the scrutiny of the local bar’s ethics board.

The entrepreneurial cannabis industry requires legal assistance like any other growing, innovative business sector. However, the cannabis industry does not necessarily resemble other evolving start-up business areas. Unlike most other industries, cannabis continues to be a federally designated illegal controlled substance, while various states have legalized cannabis and planted a patchwork garden of cannabis statutes, regulations, and ethics advisory opinions. What’s a lawyer to do? Legal ethics questions abound! What type of legal assistance may a lawyer provide to a client involved in the cannabis industry? May a lawyer accept product or an interest in a cannabis business in lieu of fees? Will a lawyer who participates in a medical marijuana program or indulges in recreational cannabis face ethical repercussions? This course will explore the historical context of the cannabis debate, the legal ethics implications for lawyers seeking to represent cannabis clients, and the current state of the legal profession’s response to legal ethics questions posed by lawyers traipsing through the patchwork garden of state regulations.

The purpose of this class is to educate legal professionals on how cell phone forensic evidence is extracted from cell phones, tablets, and other mobile devices. Explanations will be given on what is in accordance with forensic best practices, and how this evidence is properly preserved. In addition, attendees will learn about the fragile nature of digital evidence, and the extent to which this information can be changed if not handled correctly. Attendees will learn the types of evidence that can be recovered from cell phones, including location-based information, messaging application data, voicemails, multimedia such as photos and videos, meta-data, and more. The different forensic artifacts will be explained in detail. Given the rising instances of fake text messages and call spoofing, a section of this class will explain how this is commonly done, even by people with little technical knowledge, and how an investigation is performed todetermine the authenticity of such evidence. Upon completion of this class, attendees will have a working knowledge of how cell phone forensic data collections are performed, the types of forensic artifacts that are recoverable, how data is authenticated, and how such evidence can be used for their purposes when working a case.

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.

Reopening physical workspaces will require both employers and employees to confront new realities and to address both physical and operational changes required by the lingering effects of Covid-19 on the workplace. This program will offer a guideline for assisting both employers and employees to navigate the new post-Covid-19 workplace.

From graduation day of law school to the retirement party, no lawyer can avoid encountering the "Rambo"-type lawyer who, both in litigation and out, uses aggressive and oftentimes unethical behavior to advance their client's cause. Are these types of dirty-tactic attorneys unavoidable? Can they be sympathized with, effectively battled, or at least partially understood? In this seminar, we approach all those goals in the entertaining format of positing a look at them through A Natural History of the North American Silver-Tongued Rambo Litigator (Rambus litigatus), and we closely examine their cultural and jurisprudential origins; their "anatomy and physiology"; their development, range, and distribution; tool use; fighting behaviors; and finally ponder some proposals for their potential conservation or extinction.

Have you ever felt frustrated by technology? Or, have you ever wondered how to be more productive? Often, you can get more done in less time if you improve your workflow, and if you learn how to use technology more efficiently. Many lawyers and staff struggle with these concepts, in large part because they were never trained how to do the programs their offices rely on. This program, based on presenter Dan Siegel’s popular book, How to Do More in Less Time, demonstrates practical, easy-to-use and implement ways for attorneys and busy professionals to use technology to be more effective – doing so in less time than through traditional methods. The program will explain how to customize and take better advantage of the technology already in use in law offices.

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.

Employers must comply with a litany of federal, state and local laws which govern virtually every aspect of the employer-employee relationship. Most employers wish to communicate the steps they will take to comply with the law in an employee handbook. This crucial document is responsible for distilling a variety of complex and constantly-changing legal topics into one easy-to-read guidebook for employees, and managers. We introduce a variety of concepts which counsel preparing these critical documents should be aware of, and how handbooks can be used as both a sword and a shield later in litigation. In doing so, we highlight a number of hot topics in the employment law space, including teleworking, medical and adult-use cannabis, and paid sick leave laws.

In this seminar, forensic expert Mark Silver provides the immigration lawyer with a detailed analysis of criteria considered by clinical experts when undertaking a psychosocial evaluation in extreme hardship cases for waivers and cancellation of removal cases. Here, Mr. Silver integrates important legal considerations with the psychosocial criteria offering new and different insights to better advocate for the clients and their family members. He also reviews the different challenges that have an impact on extreme hardship considerations. Additionally, he addresses how to best present these issues to help your client.

Electronic communications and e-signatures have amplified the speed and number of contracts entered into everyday. The rapid changes in technology have also imposed rapid changes on a legal system that is traditionally slow to adapt - the Uniform Electronic Transaction Act has been implemented in almost every state for close to 20 years, yet many attorneys still insist on printing, signing and scanning signature pages. In this CLE course, attorney and eDiscovery specialist Aaron Cronan will cover some of the most important implications for contract formation and enforcement in the digital age. He will focus on a legislation overview, electronic signatures, Statute of Frauds, UCC, assent of the parties, Browser/Clickwrap, and best practices. This session will include examples and case law from across the county to identity trends and traps.

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.

Mental health issues and substance use disorders can impact any law student, attorney or judge regardless of ethnicity, gender, age, orientation of socioeconomic status. But no matter the background, the legal profession seems to suffer in silence. Why? Stigma – the cultural prejudice and discrimination that labels an individual as defective or weak has the power to create a reluctance to speak about the issues and be a barrier to seeking treatment. This program will define the stigma, explain the reasons why stigma is so pervasive in the legal profession, and why it is critical to overcome these beliefs and identify effective means to ameliorate stigma and identify affirming aHtudes for recovery. Throughout the presentation, the speaker will focus on several different “life stages” of an attorney and how stigma affects each group and identify best practices to conquer stigma in the legal community.

In this IP analysis for transactional lawyers in due diligence or representing small/medium businesses, we look at the major areas of IP law to understand what the IP assets are exactly, how to make sure they are valuable assets and scheduled properly, how to assess if there is potential value that is being missed, and registration regimes for different IP classes to guarantee the most protection. Along the way we offer lots of practice pointers for issue spotting so you do not make mistakes interacting with IP assets, which in many respects differ in basal assumptions about ownership compared to real property assets.

Before the Internet, there was no such thing as cybersquatting. But once the Internet came into existence, domain-name disputes soon followed. Although cybersquatting does not fit into the traditional trademark paradigm, in 1999 Congress passed The Anti-Cybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. 1125(d), and it became part of the Lanham Act, 15 U.S.C. 1051 et seq., which is the primary federal trademark statute in the United States. The ACPA established a legal recourse for entities who are the victims of others registering, trafficking in, or using a domain name that is confusingly similar to, or dilutive of, an entity's trademark or a person's name. In this "Introduction to Cybersquatting", attorneys learn the origins and history of cybersquatting, as well as the elements of the cause of action. Participants will also analyze several cases in which courts have addressed cybersquatting at various stages of litigation.

This course is an introduction to the nonprofit practice area. Specifically, we will review the process for forming a nonprofit and seeking tax exemption under section 501(c)(3) of the Internal Revenue Code. Attorneys will learn the compliance requirements for nonprofits as well as the unique tax issues nonprofits face. Attorneys will feel empowered to expand their practice area to include nonprofit law. This course will also explore fiduciary duties of nonprofit board members. For attorneys interested in volunteering as a board member for a nonprofit, this course will examine the best practices to protect yourself from potential liability.

Young and old attorneys can always learn something about Trademark Law. In this introduction to Trademarks, attorneys learn the basics of Trademark Law from prosecution of a Trademark to obtain one through litigation when a Trademark is infringed. The presentation is broken down into three sections. First, the results of an interview with a Trademark Examiner from the United States Patent and Trademark Office about her prosecution pet peeves is addressed. Second, the basics of Trademarks is presented. Third, a sample case on Trademark infringement is thoroughly analyzed and discussed.

This program, taught by Russo & Gould LLP Partner Florina Altshiler, an experienced trial lawyer, will address key concepts in the psychology of jury selection. The course will review the social science behind selecting a jury in civil and criminal matters, helping attorneys learn to identify and eliminate jurors who will be problematic to their theory of the case, while also establishing the rapport necessary to engage them with their narrative of events. The program offers practical guidance on voir dire tactics, including best practices in interviewing jurors, introducing the case during jury selection, and avoiding objections during the selection process. It also addresses how to effectively use peremptory challenges. In addition to strategy, the course also covers the statutes, and procedures that govern jury selection. Finally, the presenter will discuss COVID-19 implications for jury trials, the latest updates to court procedures, and strategy.

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.

In this practical webinar, you will learn how to be culturally competent when representing LGBTQI clients and how to have an LGBTQI friendly law office and presence on-line and in your marketing.

Do you friend, tweet, connect, or blog with colleagues, friends, clients, and others? If so, have you installed an automatic mental pause button before posting on social media? Are you now wondering about where and why to find said pause button? Well, you have come to the right course because we will explore the answers to these questions and more as we journey to uncover the impact of social media upon the practice of law. After a bit of historical context, the course will reveal why today’s lawyer must be imbued with social media savvy in order to effectively represent clients, market a law practice, and avoid ethical landmines that endanger a lawyer’s license to practice law.

With the increasing legal complexities in the live performance industry, lawyers, agencies, promoters, managers and talent buyers have had to re-examine their template agreements and legal protocols related to performers and entertainment. Learn more about the intricacies of the live performance industry, the primary clauses within the industry’s agreements, how the industry is evolving, and how you can protect your clients in the industry.

In this class Monty McIntyre, a seasoned Mediator, Arbitrator, and Referee at ADR Services explains how to effectively prepare for a mediation, how to conduct yourself during the mediation session, and what steps should be taken after the mediation. Your goal as a lawyer should be to give your client the very best opportunity to successfully settle the case during or after the mediation.

Non-compete agreements shape the American employment landscape, affecting both employees and employers. Because these agreements prevent an employee from working within a particular industry for a defined time period, courts tend to closely examine these provisions. In recent years, many states have passed legislation to modify non-compete provisions in both employment agreements and business purchase agreements. Some states uphold non-compete agreements only when a legitimate business interest is at stake, while others have banned non-competes altogether. Certain states require employers to provide additional consideration or benefits to an employee to bind them by a non-compete. If employers are to adequately draft non-compete provisions, and if employees are to successfully negotiate such provisions, they must understand how the law is evolving in this area. Kristen Prinz, the Founder and Managing Partner of the Prinz Law Firm, P.C., will discuss best practices for drafting non-compete clauses from an employer’s perspective, and best practices to negotiate and handle non-compete clauses from an employee’s perspective.

Discover from corporate insider and attorney Douglas Gordon, in a nationally recognized program, the best corporate governance practices for the board of directors of any size corporation, large or small, public or private. Learn why the board of directors is the most powerful force in the corporation and why it should act accordingly. Get the tools the board and individual directors need to do their job such as Mr. Gordon’s exclusive “Ten Commandments for the Board” (as a group) and the “Director Bill of Rights” (for individual directors). If you’ve ever served on a board, would like to serve on a board, or you're an attorney with corporate clients or director clients, or you’re an attorney who would like to have those types of clients, this course is for you.

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.

The United States Federal Government marketplace offers a wide-range of contracting opportunities for companies. From products to services and in just about every form and size you can imagine. But navigating the rules and regulations that come with being a federal contractor or subcontractor can be challenging and increase compliance risk. In this course, we will explore the basics of doing business with the United States federal government and suggest strategies to mitigate compliance risk in dealing with the federal government.