Wyoming bundle

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.

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.

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.

Over the past several years, there has been a trend toward scrutinizing DWI breath test technology. In a 2019 investigative study, the New York Times discovered what DWI attorneys have known for a long time: that breath tests are “often unreliable.” In this presentation, we will explore some foundational issues in defending a “breath test” prosecution. Core concepts will include Henry’s Law, Beer’s law, and the variable of temperature. This presentation isn’t meant to make you an expert in the area, but it will introduce you to some core issues involved in beating bad breath.

Survivors of human trafficking have a wide range of individual legal needs. In this introduction to human trafficking, we first address the nature and extent of human trafficking in the United States. Then, we introduce a selection of legal remedies available to survivors of trafficking, homing in on the civil cause of action available to survivors of forced labor, involuntary servitude, and sex trafficking under the Victims of Trafficking and Violence Protection Reauthorization Act of 2003. Finally, we offer a few tips on working with survivors of human trafficking.

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.

The DOL’s 2022 budget and the Biden Administration’s proposed budget for the Occupational Safety and Health Administration in 2023 seeks funding to hire significantly more OSHA inspectors.  In addition, Doug Parker was sworn in as Assistant Secretary of Labor for OSHA on November 3, 2021, and based on his prior role as chief of California’s Division of Occupational Safety and Health, employers should expect increased rulemaking and more aggressive enforcement activities in the coming years. You will hear from a former OSHA trial attorney as he discusses OSHA hot topics and future agenda items.  These issues include an update on OSHA’s COVID-19 guidance for general industry and the status of OSHA’s health care permanent COVID rule.  Other areas will include discussion of OSHA’s heat stress enforcement and rulemaking; reviewing highly targeted inspection industries; identifying the most common OSHA citations in 2021; workplace violence; proposed changes to the electronic recordkeeping rule; review of recent OSHA standard interpretation letters on recording injuries; overview of the new hazard communication final rule and other expected rulemaking proposals.

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.

An effective oral advocate balances control and flexibility, directly responding to questions while continuing to emphasize a core theory. An effective oral advocate addresses any lingering doubts, demonstrates their knowledge and abilities, and serves as a problem-solver to the bench. Being an effective oral advocate takes significant preparation—battle plans. This oral argument boot camp walks you through the rigorous process of preparing for an appellate oral argument. Topics include techniques for conquering nerves, distilling a core theory, developing a dedicated process to practice answering questions, getting mooted, and more.

Determining the location of an individual at a specific point in time can make or break a case. You can use location data to present an alibi in defense, discredit a witness or party, show how long someone was on the road prior to a crash, establish where a digital contract was signed, and more. This unique webinar will show you how to find and use location data in your case. We will answer your live questions, and walk through realworld location analysis. You will come away knowing where to find data to support your case, as well as how to analyze some of the data yourself.

As more and more physicians and other healthcare practitioners enter the workforce, employers, whether they are hospitals, clinics or private practices, are updating their employment contracts to be more restrictive against practitioners. It is important when reviewing these contracts, not only to confirm that the terms of the offer are correctly included within the contract, but that practitioners will not be prevented from practicing within their field and/or within a reasonable area should their employment be terminated. In order to negotiate on their behalf, you need to understand the language utilized within the industry, including HIPAA, billing procedures, payment structures and restrictive covenants. This course will provide you with an overview of the key aspects, clauses and terms common to healthcare employment agreements. You’ll have a better understanding of whether the contract terms are reasonable in their scope, whether practitioners will have the ability to continue to provide services should they leave the employment and how to identify missing language that should be included in order to protect the practitioner.

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.

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.

Ransomware permeates the news. But what do you really know about it? Well, if you watch this three-part series, the answer will be a lot. We will talk about ransomware, how to respond, how to report, and how to take steps to minimize the impact of an attack. In Part 1, we will talk about ransomware and how to respond to an attack.

Human trafficking knows no limits, and this predatory crime plagues rural, suburban, and urban communities in the United States and throughout the world. Traffickers deprive their victims of their identity, self-worth, autonomy, and freedom through force, intimidation, and false promises. This continuing legal education course will review the various federal laws protecting child and adult human trafficking victims. This course will review two scenarios that in-house or external counsel may encounter when advising businesses and health systems: (1) drafting human resources and procurement policies that effectively prohibit human trafficking activities (e.g., avoiding suppliers that violate human rights laws by engaging in labor trafficking activities, prohibiting employees from viewing or receiving child or trafficked pornographic materials on company or personal devices on work time, and prohibiting employees from purchasing sexual activities while traveling out of state or to a different country for work), and (2) advising a health system on devising a community-wide protocol and health system policy to respond to and aid victims of human trafficking.

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.

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.

With hundreds of class action lawsuits being filed each year for allegedly deceptive food labeling, and many more cases threatened and settled without getting to court, it is critically important that food companies and their lawyers understand the risks. This course introduces participants to the regulatory framework governing food labeling and advertising, the legal theories used in litigation, and defenses that food companies commonly assert in these cases. Lauren Handel of Handel Food Law LLC will review examples of recent cases illustrating the labeling issues that have been most targeted in litigation. She also will discuss strategies for advising clients on their labeling and advertising to minimize the risk of getting sued.

Professionalism in the practice of law is not just complying with the Code of Professional Conduct. It is about how a lawyer is as a lawyer. This presentation describes what professionalism looks like in key areas of a law practice. Integrity, competence, attorney-client relations, dealing with other attorneys and with society, as well as why attorneys should look out for each other. A good attorney is ethical, it is the great attorney who understands and exercises professionalism throughout the day and over time.

Intimate partner violence (commonly known as domestic violence, but also called family violence or interpersonal violence) is a pattern of assaultive and coercive behaviors, including physical, sexual, and psychological attacks, economic coercion, financial abuse, or litigation abuse, that perpetrators use against their intimate partners. The violence can happen frequently or only occasionally. Partners may or may not be married, hetero- or same sex couples, living together, separated, or dating. It crosses the boundaries of all ages, socio-economic statuses, religions, races, ethnicities, and nationalities. Because this is a public health issue, this continuing legal education course will assist participants in representing clients that are victims of intimate partner violence, should they want to pursue legal protections, prosecution, or child custody. This course will provide victim-centered and health-informed strategies for all aspects of intimate partner violence cases.