California bundle (2024)

Once a company agrees to do business with the United States federal government, with that promise comes agreement to assume a slate of obligations, most of which are foreign to commercial practices. This precept could not be more accurate when it comes to the labor and employment obligations that apply to federal contractors. From prevailing wage obligations to affirmative action to federal sick leave, it is critically important that a federal contractor understand the scope of obligations applicable to the type of federal government contractor work it undertakes to perform. In this course, we will highlight key federal labor and employment obligations and suggest strategies for how to ensure compliance and mitigate risk, particularly given the potentially debilitating sanctions associated with non-compliance with some of these statutes, regulations,and executive orders.

In this discussion of the Federal Water Pollution Control Act (the “Clean Water Act”), 33 U.S.C. § 1251, et seq., we will address the Clean Water Act and the Supreme Court’s “functional equivalent” standard established in the Supreme Court’s County of Maui v. Hawaii Wildlife decision. We will cover the history of the Clean Water Act with respect to point sources, the evolution of how point sources have been defined since the Clean Water Act was established, and the newly adopted “functional equivalent” standard. We will focus our discussion on the County of Maui decision and address what the standard means for the environmental law practitioner.

In this introduction to the Federal Water Pollution Control Act (the “Clean Water Act”), 33 U.S.C. § 1251, et seq., we will address the Clean Water Act’s genesis and discuss how the Act has evolved since 1972. We will cover the legislative history, permitting requirements, and key definitions under the Clean Water Act. We will also discuss the recent decisions expanding the protections offered by the Clean Water Act and what this means for the environmental law practitioner.

Federal requirements, unique processes and, in general, dealings with the United States government as a sovereign actor in connection with U.S. federal procurement matters can put government contracts attorneys in difficult positions when advising clients.The post-pandemic rise of remote and hybrid work has only exacerbated issues in some of these areas. This course explores common ethical issues faced by government contracts lawyers and suggest strategies for mitigating risk of noncompliance. Through exploration of commonly occurring factual scenarios, we will assess the potential ethical issue(s), analyze relevant Model Rules guidance, and discuss best practices for how to handle these situations when they arise. As is evident, for some of these matters there is no “one size fits all" approach, but careful attention on the front end to potential ethical challenges is essential.

This course will help you learn to effectively manage difficult defense attorneys. Seasoned trial attorney Mike Brusca uses lessons learned from years of practice, basic child psychology, and solid communication principles to help you create natural consequences and strategies to navigate difficult interactions at all stages of litigation and depositions.

This course will provide an overview of fresh water law in the United States. We will cover both the law and policy aspects within water law while analyzing the balance between public rights and private rights to use water, including private ground water rights, and private water harvesting rights. While also covering water usage and its impact. Water is the heart of agriculture, commerce, transportation’s, recreation, and survival.

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.

When you decide to “hang out your shingle” and start a solo practice, you are an entrepreneur, just like someone starting a tech company or other new venture, and you face many of the same business, legal and tax challenges that entrepreneurs face. It’s a regulated business, of course, and you must operate your practice ethically and professionally, but it’s a business nonetheless. It’s impossible to commit malpractice or an ethical violation if you don’t have any clients. In part one of this fast-paced, two part presentation, hosted by a leading legal author, columnist and media personality who has operated a solo law practice out of his home for the past 25 years, you will learn the basics of starting and running a successful law practice.

This presentation will address two different topics that might be more related than you think at first. Mistakes in the practice of law are both inevitable and avoidable, and when they occur they trigger a variety of ethical issues and obligations for the lawyers involved. When they happen in the course of representing clients for whom it was a mistake to agree to be their lawyer in the first place, they can be doubly unpleasant. So, in addition to addressing ethical obligations brought about by mistakes, this course will also discuss ways that lawyers can try to avoid taking on “unworthy” clients in the first place.

This course offers an in-depth survey of the current state of the major topics in animal law and provides participants with the key principles, rules, and regulations – as developed by common law and from statute – affecting animals. Styled as a cinematic presentation, the course examines animal-related laws via their philosophical, scientific, and practical underpinnings, and from a variety of differing perspectives, exploring how the courts have treated animals in the past and will likely treat them in the future, locally and nationally. From the foundational (How are animals defined? Do animals have rights? Why are animals properties?) to the pragmatic (What procedural obstacles might confront claims made on behalf of animals? What substantive constraints might prosecuting an animal abuse case entail?).

In this course you will learn some of the most common ethical issues faced by lawyers today. We will address changing ethical obligations related to technology advancements as well as overseeing the actions of third-party vendors and non-lawyers within a law firm. We will also discuss the importance of attorney-client retainer agreements and ongoing duties owed to clients including communication and avoidance of conflicts.

Fifty years ago, the Supreme Court declared in the landmark case Tinker v. Des Moines Independent Community School District that students “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” But is that still true — and if so, what does the First Amendment mean in today’s world of Snapchat, TikTok, Twitter? As book-banning sweeps the nation, what about school libraries — are they protected by the First Amendment? Do students have a First Amendment right to access certain titles? And how about attendance and curricular issues? And how about when students arrive on college? Do their rights change? In this course, we’ll review all of these questions and more. Students: Know your rights!

This ethics program will explore how in-house counsel can successfully master the Engagement Agreement process when hiring counsel, experts, consultants, and vendors for litigation or transactions.  Our speakers will guide attendees through the entire process – the necessary preparation (including the Request for Proposal (“RFP”) process); the drafting process (including incorporation of both hourly rates/fees plus any potential expenses to be incurred); and general best corporate/firm practices to maximize the benefits of what in today’s legal market is the most useful first step to address and prepare for an upcoming litigation or transaction.

Relationships take work and business partnerships are no different. Failing to plan for key life events such as death, disability, divorce, and departure of a partner can have serious negative impacts on your client's business and even put the survival of their business at risk. A properly drafted buy-sell agreement addresses all of these events and provides the company with a clear path forward in times of uncertainty and crisis.

This course reviews the ABA Model Rules of Professional Conduct regarding conflicts of interest from a law firm risk management perspective. Various sources of conflicts-based risk will be explored and best practices/defenses will be examined. Logistical realities and actionable steps to better protect law firms and lawyers will be discussed.

This course will analyze relevant case law and ethics opinions against attorneys for professional liability concerns as well as lawsuits arising from negligent and intentional actions for failure to provide adoptive parents with full or accurate information regarding the child’s physical or psychological background /medical records, wrongful adoptions, and setting aside adoptions. In this practice course, attorney Colleen Quinn, will review recommendations, best practices, and sample language, including the use of exculpatory clauses in contracts and legal and medical risk agreements that can lessen an adoption professional’s liability. 

With so many hearsay exceptions, where is a busy litigator to start? This refresher course breaks down Federal Rule of Evidence 804 and its exceptions in a comprehensive and clear manner. Fun pop culture examples are used to reinforce the material after the review. Brush up on these useful hearsay exceptions and be better prepared for your next trial.

This course provides an advanced overview of criminal mitigation as a key strategic tool for criminal defense lawyers, and reviews various humanizing processes that a criminal law attorney can utilize to better advocate for his or her client. Mr. Silver discusses how the use of psycho-social analysis, which can also impact the factual analysis of the case, can provide a more positive and informed narrative of a client and increase their chances of success in the courtroom. Both experienced and novice lawyers will gain important insight into various criteria to consider and deploy at the pre-sentence or pre-plea stage of representation.

The Anti-Money Laundering Act of 2020 (“AMLA”), passed by the United States Congress over a Presidential Veto, and as a part of the National Defense Authorization Act of FY 2020, is the first significant Anti-Money Laundering (“AML”) legislation passed since the PATRIOT Act in 2001. Several provisions from AMLA have far-reaching consequences for businesses. Foremost among them is the Corporate Transparency Act, which will require most small and medium businesses in the United States to submit information to the Financial Crimes Enforcement Network (“FinCEN”), which FinCEN will maintain in a database and will make available to certain law enforcement agencies and financial institutions. Although the applicable regulations are not yet finalized, law firms and their clients should be aware of (and planning for) these new requirements. Separately, AMLA also contains a provision regarding subpoenas served by the U.S. Department of Justice (“DOJ”) on U.S. financial institutions that that have foreign correspondent account relationships. Under AMLA, DOJ can request information relating to the foreign correspondent account, going far beyond activities in and through the United States. Possible consequences for failing to comply are significant fines on the U.S. financial institution and the foreign financial institution. Finally, FinCEN, in conjunction with other federal and state law enforcement authorities, issues an annual Priorities release, identifying particular AML areas of interest to law enforcement and regulators. Lawyers and their clients should be mindful of these items in the Priorities release, and build compliance and supervisory structures around them.

This course will introduce attorneys to the foundations of copyright law and the principals of fair use. This course will provide an in-depth analysis of the Supreme Court’s much anticipated decision in Warhol v. Goldsmith and its redefinition of the fair use defense to copyright infringement.