Kansas bundle

The times when people joined firms hoping to become partner and remain until retirement are long past. It is common for lawyers to have more than a dozen positions during their career with some changing jobs more frequently than that. With the recent demand for talent, some people are changing jobs in less than a year. These moves raise issues as to obligations to clients and the client’s rights to select counsel. Lawyers and firms also need to evaluate conflict issues associated with these changes. In addition, departing lawyers and their firms may be bound by partnership agreements that address transition issues. Often neglected by all concerned is staying on good terms, leaving without regard to the other side can have longstanding effect on the reputation of lawyers and firms, and in the worst case, lead to litigation.

Cyber security issues across numerous industries have been hard to miss in recent years and law firms are no exception. In this introductory discussion, we’ll talk about the basics of cyber security as it pertains to law firms. Along the way, we’ll discuss the wide array of threats to law firm and client data, electronic scams, tricks and the consequences that can come with them, as well as the steps to take in order to prepare for the next inevitable attack.

Congress has often responded to historic medical catastrophes by enacting new regulations designed to prevent their recurrence. With respect to infectious diseases and vaccines capable of preventing them, a well-established regulatory system exists for providing oversight of the process of developing and testing vaccines, licensing their use, controlling their administration, and following up on post-licensure issues. This course covers the structure of FDA regulation in these areas, including its powers governing Emergency Use Authorization and related litigation.

This course addresses US and legal profession challenges with achieving and maintaining competence despite a prevalence of significant mental health and distorted thinking challenges. Burnout represents an occupational mental health challenge that attorneys must avoid or manage, and doing so will provide professionals the tools needed to mindfully maintain mental competency.

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.

The pretrial playing field has changed markedly over the last three decades, moving the battleground from the jury to the gauntlets that leave a judge with discretion to eliminate or trim a case before it even sees a jury. Standards governing motions to dismiss, summary judgment, experts, the breadth of discovery, and even class certification are the battlegrounds that often determine the fate of a case. Against this backdrop, technology - including the internet and the ability to create real-time recordings of events - has markedly changed the availability and quantity of evidence. Selecting the most compelling evidence - or deselecting evidence is a new challenge in addition to the age-old skill of constructing a narrative that glues the theories in place. Precision in the pretrial process and an appreciation for the evidentiary rules and their interface with the procedural rules are essential. From complaint preparation through discovery and motions practice, this 60-minute session will provide listeners with a crash course overview of what is needed in this new era of front-loaded litigation.

Long term care expenses can deplete savings or impoverish many people very quickly, and most do not insure for such expenses. This CLE course will provide elder law attorneys with a method for Medicaid and Veterans’ Aid & Attendance planning and funding long-term care. We will discuss the purpose and function of asset protection trusts and review tips for preparing them for clients.

Since the late 1980’s with the US Supreme Court’s landmark decision in Basic Inc. v. Levinson, in securities class actions, plaintiffs have been able to rely on the “fraud-on-the market” presumption of reliance at class certification. In recent years, the validity of that presumption and its evidentiary burdens at the class certification stage have been repeatedly questioned, leading to a “battle of the experts” to determine whether a class should be certified. This course examines the evolution of the fraud-on-the-market presumption and its uses at class certification and then delves into  expert’s role in securities class actions at the class certification stage.

How great would it be if you could walk into any negotiation feeling confident and walk away satisfied that you had the best possible outcome? In this presentation, Susan Borke will teach you three elements that you can use to improve your negotiations with your clients, managers, team members, contractors, vendors, and even friends or family.

This program is a comprehensive lecture by noted DUI expert and defense attorney, Robert S. “Bobby” Reiff, the author of "Drunk Driving and Related Vehicular Offenses (Lexis Law Publishing Company) and LexisNexis' "Florida DUI Practice Guide" series. In this program, Mr. Reiff provides both new and experienced DUI attorneys tips about strategies in picking a jury in “drunk driving” cases that will help you win your case. He will provide an overview of the theories of jury selection and how they apply to a DUI case. He also provides you with common sense concepts to make the case for your clients.

The term “5G” has become ubiquitous in recent months, appearing in everything from technology news reports and discussions on national security to wireless carrier advertising campaigns. Along with widespread marketing campaigns has come a crush of land use applications by carriers seeking to install small cell facilities in the public rights-of-way as well as to upgrade existing rooftop and tower sites with 5G equipment. This has caused concern and anxiety among many local land-use officials who are unsure of how to handle the expanded number of applications. This course begins with a brief overview of the wireless telecommunications space. We then dive right into current developments in the telecommunications industry, including new and updated federal laws and regulations, and how they impact a local jurisdiction’s capacity to manage its own rights-of-way, and to draft land use regulations that hold up against federal telecommunications preemptions. This course will benefit municipal, county and state level attorneys, local land use boards and their counsel, zoning board attorneys, as well as county and state counsel and private land owners with cell towers on their property: that is, it will benefit anyone who deals with wireless communications facilities on a proprietary or regulatory level.

In 2022, health care enforcement remains a focus of federal law enforcement agencies. Over the last few years, the DOJ brought a record-number of prosecutions related to health care fraud and anti-kickback violations, particularly in the realms of telemedicine and laboratory testing services. Perhaps unsurprisingly, prosecutors have also targeted fraud and other criminal schemes related to the COVID-19 pandemic since 2020. Such investigations and prosecutions can make the acceptance of funds from federal payers (e.g., Medicare, Medicaid) fraught with risk for providers and related entities. In this presentation, we’ll discuss the key issues and claims on which federal prosecutors, often aided by agents from the U.S. Department of Health and Human Services, have focused in recent investigations and prosecutions.

The New Jersey judiciary handles tens of thousands of landlord-tenant cases every year. These cases touch many facets of life and law. Despite the volume and complexity of these cases, the practice of landlordtenant remained largely the same since the 1970s. The COVID-19 pandemic changed this. In August 2021, the New Jersey Supreme Court ordered sweeping changes to the administration and adjudication of landlord-tenant cases. This discussion addresses these dramatic changes, the policy reasons underlying them and best practices for practitioners new to the field.

A well-known legal aphorism states that while a good lawyer knows the law, a great lawyer knows the judge. Kidding aside, in order to be successful, a litigator must routinely have positive interactions with judges. This course will explore ways lawyers can improve their interactions with judges without running afoul of legal and ethical rules that limit the ways that lawyers and judges can interact with one another. Among the topics that will be discussed are MCLE classes and bar receptions, social media, courtroom advocacy and social hospitality.

For more than 150 years people have been asserting that they have an exemption from various governmental requirements based upon their sincere religious beliefs. This lecture reviews the history of those exemptions and the state of the law of freedom of religion as it is today.

This program, taught by Board Certified in Immigration and Nationality Law attorney Ruby Powers, is designed to familiarize immigration attorneys with the successful tips and guidance in seeking relief under the Violence Against Women Act (VAWA). This course will cover how to effectively work with clients in preparing and filing the VAWA application and tips on special considerations and complications that could arise. Learn the differences between VAWA and VAWA Cancellation of Removal in immigration court proceedings. Attorney Powers will share her years of examples in representing VAWA applicants throughout the program to help clarify the elements and ensure a successful process.

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.

Lawyers and staff are drowning in email, and many feel helpless when trying to get it under control. While communicating with clients via email may be quick and easy, there are ethical pitfalls that can cause problems for unwary lawyers. This program will cover how to efficiently store and organize email and attachments, successfully deal with high email volume, and communicate ethically and effectively with clients.

An employee stock ownership plan or ESOP can be a powerful succession planning tool for business owners to consider for their ownership transition planning. ESOPs are highly regulated and require careful planning for implementation but also have the potential to offer meaningful tax benefits to the selling shareholder and the corporate sponsor of the ESOP. An ESOP can also provide significant employee benefits on a tax favored basis for employees. We will review the types of companies that are ideal candidates to consider an ESOP as well as poor candidates for an ESOP and review highlights of the process of evaluating and planning an ESOP transaction.

This is an introductory course for non-oil and gas practitioners. It covers the basics of oil and gas leasing and mineral ownership. It also covers common oil and gas problems which appear in unrelated litigation, for example probate or family law. This course is designed to help general practitioners protect their clients cheaply and efficiently.