Montana bundle (2024)

In this program, attorney Jeanann Khalife, will provide a detailed overview of the mediation process. This course will examine the key features of mediation, the three primary mediation styles, and multiple tools and techniques useful in a mediation. We will also analyze the duties of a mediator and walk through the stages of mediation. In closing, we will address mediation agreements and their key elements.

The practice of law has a big problem: women and BIPOC lawyer attrition. Studies show that the mental health of women and BIPOC lawyers suffers more and they leave the profession faster than others. But late nights and unpredictable hours are symptoms of mismanagement, not inherent in legal work. In this course, Dr. Carminati will discuss the Livable Law Method she created to guide legal organizations toward implementing agile project management techniques. With this method, managers can learn to equalize workflow, improve transparency, and decrease needless stress. Most importantly, they can improve outcomes for women and BIPOC lawyers in their organizations.

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.

Changing a professional sports team name may seem like it requires a simple press release announcement that introduces a new mascot, logo, or merchandise. In this course, we analyze some of the major legal obstacles to changing and owning rights to a new team name—specifically in Cleveland—where a local roller derby team claimed it previously owned the same name that a baseball team tried to acquire. We also discuss integral factors that affect legal disputes surrounding trademarks.

This one-hour program discusses the science of resilience, patience and gratitude and offers practical skills and exercises to incorporate these practices into our daily life. We focus on the impact of stress on the mind and body, and how the pandemic is adding to stress to an already overly stressed profession. The objective of this course is to provide tools to approach setting expectations given the current environment of uncertainly.

This course will provide attorneys with an in-depth overview of what comprises sports law. We will discuss the key aspects of case law in sports law and define various industry dynamics required to understand the space. Finally, this course will review how sports law can be added into an existing law practice.

The Supreme Court decided three cases about religion in October Term 2021. One, Ramirez v. Collier, was statutory, interpreting the Religious Land Use and Institutional Persons Act. The other two – Carson v. Makin and Kennedy v. Bremerton School District – involved the First Amendment. This course will examine the key caselaw leading up to these most recent decisions and how significantly they have changed the way the Court interprets the freedom of religion.

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.

This course explains the basics of lawsuits claiming that websites are not accessible by individuals with disabilities. It will explain what it means for a website to be accessible and describe the laws that require accessibility, emphasizing business websites subject to Title III of the Americans with Disabilities Act. It will outline the history of website accessibility litigation, and the important unresolved legal issues that arise in this kind of litigation, then conclude with practical information about defending and settling such lawsuits.

This course gives a both-sides view of legitimate routes to liability against nursing homes and legitimate defenses. It also discusses the regulatory environment, special evidentiary issues with the changeover to electronic medical records, insurance coverage and lien issues. The presentation will draw heavily on the presenter’s experience representing nursing homes in both personal injury and regulatory matters.

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.

For more than 30 years, the win-loss record for tribal interests at the United State Supreme Court was dismal. Since 2018 however, tribal interests have been on a remarkable winning streak in the United States Supreme Court. But what is the continuing outlook for tribal interests at the Supreme Court? This program will analyze past cases decided by the Supreme Court and consider what they might portend for the future as well as providing a thorough analysis of the Haaland v. Bracken decision. The program will benefit tribal attorneys, practitioners of federal Indian law, and other attorneys who wish to learn more about federal Indian law.

Cannabis attorneys are bound by the same rules of ethics as their non-cannabis law practicing lawyers, such as avoiding conflicts of interest, protecting privilege, and carefully weighing the pros and cons of possibly going into business with clients. However, for cannabis lawyers, these obligations can require greater care and attention for two reasons: one, cannabis law is relatively new practice, growing in states across the United States amid the backdrop of cannabis remaining a Schedule I Controlled Substance; and two, the business of cannabis is growing rapidly, resulting in knock-down drag-out fights for permits that repeat every time a new jurisdiction licenses cannabis businesses.

This course will provide an overview of the insurance coverage provided by Commercial General Liability (CGL) policies. This overview will include a summary of an insurer’s duties to defend and indemnify its policyholder for losses covered by the policy. The presentation will then provide an in-depth analysis of the 2013 Target data breach and ensuing insurance-coverage decision. Finally, the course will conclude with a discussion of the impact the Target decision will have on other policyholders with CGL policies.

Can you remember the last time you felt stress-free for an extended period? If you’re like most practicing lawyers, you would find it difficult to remember, or even imagine your life without stress. The reality is that the practice of law is one of the most stressful professions, as borne out in the research. However, you do not have to accept the status quo of stressful living and lawyering. In this course, Dr. Patti McCartney examines the anatomy of stress and offers key strategies to successfully manage the precursors to its detrimental emotional responses.

This presentation will discuss the causes of the current supply chain logjams, put them into historical context, and discuss some of the ways forward to help attendees better deal with supply chain partners, solve problems expeditiously, and be knowledgeable about commercial rights and responsibilities.

On May 1, 2020, the U.S. Department of Health and Human Services (HHS) implemented a paradigm shift in the manner in which patient electronic health information (EHI) is accessed, used, and disclosed through its publication of the Information Blocking Rule. Shifting from a landscape dominated by the Health Insurance Portability and Accountability Act (HIPAA), which imposed a permissible data disclosure framework under its Privacy Rule, the newly passed Information Blocking Rule imposes mandatory disclosure requirements on healthcare actors. Implementing the Information Blocking Rule’s requirements has proven challenging to many health care actors, who still struggle to achieve compliance amidst the shifting regulatory standards. This CLE provides an overview of the Information Blocking Rule and its exceptions, highlights common compliance challenges that have arisen in the information blocking context, and proposes risk mitigation strategies to help health care actors achieve compliance.

Have you ever been depressed? How do you know when it’s more than just a temporary mood? Research shows that lawyers face unique challenges that can lead to depression. It can be hard to tell when it’s time to get help, and many lawyers are afraid of professional stigmatization if they seek help. Discover the symptoms of depression and learn how to effectively navigate professional pitfalls that can interfere with your ability to practice law optimally. This course offers practical strategies that can empower and equip you to identify and ease symptoms of depression.

Own a patent, now what? Only patent owners can enforce their right to exclude others from making, using, selling, or offering to sell their invention. In this introduction to patent litigation, we breakdown the major steps necessary to file and pursue a patent infringement complaint in U.S. district court. We also discuss the importance of claim construction and selecting the right forum. Participants in this course will gain a general understanding of the key step when enforcing a patent owner’s right to exclude.

Estate planning is a common and needed area of legal services. The need is only growing. So are low cost and no cost non-attorney alternatives. Learn what a comprehensive estate plan is and the strategies only attorneys can provide, so that you can provide value to your clients and they ultimately leave your office with a manageable to-do list.