Minnesota bundle

The Due Process clauses and Equal Protection of the Fourteenth Amendment are intended to guarantee uniform access to the law, and protection from state overreach, for all Americans. Beyond even those bold purposes, however, the Fourteenth Amendment’s Due Process clause has also been read to “incorporate” various rights guaranteed in the Bill of Rights, so that the states cannot encroach on them, where previously only the federal government was so restricted. In this course, the celebrated retired civil rights attorney Samuel B. Cohen will explore the historical purposes and present applications of the Due Process and Equal Protection clauses of the Fourteenth Amendment, showing how present Court doctrine differs from the framers’ intentions, and what rights from the Bill of Rights have been “incorporated” as to the states and found by Courts to exist in the Bill of Rights’ “penumbrae and emanations.” He will provide guidance for identifying and pleading Due Process and Equal Protection issues in litigation, as well as talking points for discussing these complex topics with non-lawyers.

While the First Amendment is most commonly associated with "free speech,” there are five distinct freedoms guaranteed by the First Amendment: freedom of speech, freedom of press, freedom of assembly, freedom to petition the government for redress of grievances, and the prohibition of an establishment of a state religion in America. These limitations on government power over individual expression and association stand at the core of the American conception civil liberties, to such an extent that we often disregard them in our day to day lives. In this course, the celebrated retired civil rights attorney Samuel B. Cohen will explore the historical purposes and present applications of the First Amendment, showing the evolution of original concepts and the ways the law has adapted to meet new concerns in light of First Amendment rights. He will provide guidance for identifying and pleading First Amendment issues in litigation, as well as talking points for discussing the First Amendment with non-lawyers.

Assisted Reproductive Technology (ART) law involves complex and sensitive issues that prompt a number of drafting concerns for attorneys. In this program, Colleen Marea Quinn guides attorneys through the important and fundamental considerations surrounding ART law and basic ART contract drafting. First, Ms. Quinn covers the basics of family formation through ART and relevant medical terms. Then she addresses drafting pre-requisites and what information must be gathered prior to contract drafting as well as useful resources. Next she provides an extensive road map that incorporates specific structural techniques to help demystify the ART contract. Finally, Ms. Quinn provides an overview of necessary contract provisions covering everything from pre-screening, physical exams & psychological evaluations, and payment methods to labor notification, breaches and remedies. Do not miss this introduction to ART law and the fundamentals of ART contract drafting.

Employers and employees alike must be mindful of how on-duty and off-duty use of social media can have consequences in the workplace. Employers must also take care to craft social media use policies that do not violate the legal rights of their employees. This fast-paced class covers recent examples of what happens when employers act against employees based on social media posts and what happens when social media policies are not legally compliant. Lawyers will be prepared to advise clients on legally sound social media use policies and practices.

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 provide an overview of copyright law following the U.S. Supreme Court decision in Google v. Oracle. This course will discuss what happened in Google v. Oracle, address several cases that have been or may be implicated following Google v. Oracle, and then cover issues that remain to be resolved following Google v. Oracle.

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.

Through the context of a mock technology-assisted deal, this hour-long presentation aims to educate attendees on how to leverage technology to mitigate risk throughout the due diligence and deal closing process and why now, more than ever, embracing technology is necessary for legal practitioners to stay afloat in the era of digitalization.

We as a society cannot eliminate bias without having uncomfortable conversations. However, it is a topic that cannot be ignored. If you desire to understand why bias exists, ways to reduce bias, and how to create an inclusive environment in your law firm and within the legal profession, this course is for you. In this course, we will learn about implicit bias and how it manifests itself in the legal profession, including in pay inequity. We will also discuss intersectionality, the theory that the presence of more than one affinity status can negatively impact an employee when he or she is subjected to bias. Then, we will review the benefits of effective anti-bias training and policies. Finally, we will detail strategies that lawyers and law firms can implement to cultivate a culture of diversity and inclusion and to eliminate bias.

Working well with others is one key to a successful business. Drafting strategically prepared collaboration agreements can be one of the most valuable services you can provide to your small business and startup clients. This course explains how to prepare for, and then draft agreements, collaboration agreements that will keep your clients’ businesses running effectively and keep them out of court.

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.

This course, presented by Jennifer L. Hess, an attorney and lecturer on long term disability law topics, provides an overview of long term disability insurance policies subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). This is an introductory course is designed to benefit any attorney who is currently handling long term disability matters or interested in handling these matters. In two parts, this course: (I) reviews the basics of ERISA law; and (II) discusses the 9 fundamental policy terms critical to long term disability claims. In doing so, this course will cover the rights and protections that ERISA offers to claimants, provide useful practice tips, and share strategies to maximize a claimant’s disability benefit income under the policy.

Many estate planners consider the passage of the SECURE Act in 2019 to be the most significant retirement legislation of the past 15 years. However, Congress isn’t done, and the EARN Act, which further builds on the SECURE Act, and proposed treasury regulations are in the pipeline to further change laws surrounding retirement. How do these changes affect estate planning and how can individuals and families plan to optimize their IRA planning in light of these new laws?

This course will provide an overview of issues related to the gender gap and patents as well as patent law. The course will focus on the 2019 “Progress and Potential: A Profile of women inventors on U.S. patents” published by the United States Patent and Trademark Office (USPTO) as well as the 2020 update on women inventor-patentees. The course will then look at the gender gap and patent law, both in terms of practicing before the USPTO as well as attorneys involved in patent litigation. The course will also highlight efforts being made to close the gender gap when it comes to patents and what else may be done.

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.

In a vast majority of M&A transactions, the real estate component of the transaction may not sink a deal. However, it is an important component of the whole transaction. This course will focus on how to effectively review a lease in connection with a M&A transaction so that (i) the transaction is not held up or delayed by an aggressive landlord, and (ii) the acquiring company is not left with fewer rights and more obligations than what the acquiring company contemplated. The issues covered in this course apply to all types of leases – offices, retail and warehouse. This course will be beneficial to both new attorneys and the experienced practitioner.

This program is designed to provide a basic understanding of how to interview children, specifically children who have experienced trauma and may also be refugees. Attendees will gain a comprehension of the different developmental ages of children and learn techniques to effectively interview children to gather information for legal proceedings. The training will include sample questions and hypotheticals to practice these techniques.

Probate law is the body of law that deals with legal incapacity and the issues that come up after death. The vast majority of probate issues involve the administration of the estates of deceased people. In this course, you will learn how to effectively and efficiently guide fiduciaries through the probate administrative process.

In 2012, the American Bar Association implemented “technical amendments” to a number of the Model Rules of Professional Conduct in order to address the evolution of technology in legal practice and the obligation to secure client data. We will discuss the amendments, subsequent ABA Formal Opinions clarifying the Rules’ application in practice, and basic steps needed to comply with the Rules. We will cover measures to secure the confidential client data on your firm network, individual computers, and mobile devices.

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.

This one hour module provides an overview of negotiation fundamentals and explores strategies and techniques for attorneys who routinely engage in negotiations on behalf of private clients, corporate organizations, or administrative agencies. In addition to suggesting best preparation practices, the presenter will discuss other factors that should be taken into consideration including, but not limited to, communication styles, intangible influences, behind-the-table negotiations, cross-cultural factors, and negotiating in unstable contexts (such as a pandemic).

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?

This CLE program will cover the principal legal ethics rules implicated by lawyers’ social media use. In particular, we will cover the ethics rules governing confidentiality, trial publicity, and attorney advertising and solicitation— Model Rules 1.6, 3.6, 7.1 and 7.3— and how those rules interact with lawyers’ social media use. The second half of the presentation will detail the investigative uses of social media, including how Model Rules 4.2, 3.5, and 8.4 govern contact with represented persons, researching jurors, and impeaching witnesses.

Perhaps no area of discovery is more active than Social Media. The ubiquitous nature of cell phones and the proliferation of social media sites has spawned countless discovery challenges and disputes. This fast-paced seminar will help you identify the critical issues you need to focus on. Practice pointers, timely advice, and ethical considerations will also be offered – and will be valuable for all levels of experience with these complex issues.

Amidst a pandemic quickly turning endemic, people are learning the value and power of the virtual world, from education to work to healthcare. A doctor on vacation in Hawaii conducts a follow-up appointment with her 83-year-old cancer patient in New York City while a Florida Cardiologist checks in to see why his patient in Nevada has such a low heart rate at the moment. These are just some of the exciting ways that telehealth can benefit patients and providers, but what are the rules in this fast-changing environment? This course will provide you with the tools you need to advise your clients on the legal and regulatory aspects of telehealth from both a federal and state perspective.

It’s not easy being a lawyer. Attorneys face rigid deadlines, packed calendars, and long hours. Clients are often stubborn and unforgiving, demanding 110% of your attention and expecting five-star work at 2-star prices. As attorneys are only human, even the most skilled and seasoned will inevitably, to some degree, make a mistake. A mistake may damage your case, and might also threaten your relationship with a client or even your position at a firm. But failing respond appropriately to a mistake will jeopardize your license and your career. During this course, we will consider an attorney’s duties related to error disclosure, what exactly those duties require, and why it’s important to take these duties seriously.

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, telepharmacy is currently growing at a rapid pace, however, many states still have not adopted this practice yet or are not aligned with each other regarding the types of telepharmacy services that should be permissible. During this session, we will move through the timeline of how telehealth and telepharmacy first began, where the industries are now, and how much further we have to go. We cover the law, the practice, and the money to help stakeholders understand all considerations that are at play when thinking about telehealth and telepharmacy.

While not the most glamorous part of litigation, document requests are a key method for obtaining winning evidence. This CLE covers writing and responding to document requests during the discovery phase of a lawsuit. Participants will learn practical tips they can implement in their own practices to draft effective document requests and think strategically when objecting and responding to document requests served on their clients. Participants will also gain insight into negotiating the scope of document requests and preparing for motion practice along the way, in case those negotiations break down.

Have you ever thought about what is stored in your mobile phone, smartwatch, or laptop when you travel, and who can access that information? This course will address the current state of the law governing searches of international travelers’ electronic devices at the U.S. border. The course will then discuss the changing legal landscape in light of technological advancements in the amount of digital data that people carry with them when they travel.

This course will provide a basic introduction to U.S.capital gains taxation rules,such as the calculation and determination of basis, adjustments to basis, and gain or loss in the disposition of capital and noncapital assets.Itwill also interweave advanced U.S.capital gains taxation rules such as depreciation recapture, sale of foreign real property, sale of cryptocurrency assets, and other non-resident alien taxation for the sale of U.S.real property.Lastly, this course will highlight the primaryreporting forms and conjunctive tie-in forms needed to ensure a complete and accurate tax return filing forcapital gains transactions.