Oregon bundle (2024)

The coronavirus pandemic has drawn attention to the long-term existing inequalities in the American workforce. As a result, more employers are beefing up their Diversity Equity and Inclusion (DEI) efforts to help address and remedy these inequalities. However, one piece that is frequently missing from a corporate DEI program is a review of pay practices. In this presentation, we will provide an overview of federal and state pay equity laws, review how a pay equity audit can help close pay gaps in the workplace and elevate financial stability of diverse employees, and the best practices for achieving a diverse and inclusive workplace.

Have you ever wondered how opposing counsel and experts view the same event? In 2017, a major nor’easter brought accumulating snow to much of the mid-Atlantic and Northeast. As a result of this storm, numerous slip and fall injuries on snow and ice created ongoing litigation. In this CLE course, a plaintiff’s attorney, a defense attorney, and an expert meteorologist will walk you through a hypothetical slip and fall case from their unique perspectives.

First, we will discuss the chronology of meteorological events that created the hazardous situation. Next, a plaintiff’s attorney will present their perspective, with a focus on when and how to retain and use a meteorologist expert. Lastly, the case will be presented from the perspective of the defense attorney, with a similar focus on the role of the meteorologist in slip and fall litigation.

In this program, attorneys will learn how to prevent their firm from being used as a tool for money laundering and how to recognize the risks associated with specific types of transactions. We will take a deep dive into what constitutes money laundering, how to best protect attorney trust accounts, and how lawyers can be guided by the American Bar Association’s (ABA) Good Practices for Lawyers to Detect and Combat Money Laundering.

Antitrust law blends complex, high stakes litigation with economics. You don’t need to be an expert in antitrust law to serve your clients—but you do need to know enough about antitrust law to know when it could be an issue. This course covers the basics of antitrust law, from cartels to mergers.

Preliminary injunctions and temporary restarting orders are extraordinary remedies whose use have recently been on the rise. Success in getting a court to grant requires passing rigid procedural hurdles and satisfying high standards of proof. In this one hour program, we will review various factors to consider when obtaining preliminary injunctions and temporary restraining orders as well as discuss issues that should be considered prior to filing for injunctive relief. Injunctions can be useful tools in protecting assets and halting wrongdoing but, injunctive relief means only as much as the ability to enforce it.

The promise of autonomous vehicles has been discussed for decades, but technological advancements have turned this vision into reality. Like with many new technologies, the law and societal acceptance are still working to catch up to reality. This presentation will provide an overview of the current state of the law, consider the regulatory divide between federal jurisdiction and state jurisdiction, and provide insight on where the law may be going. The presentation will also provide an opportunity to consider the open questions of liability and insurance for situations in which there is no human driver.

Have you ever been the target of bullying or bias or observed others being bullied in the practice of law? According to a 2019 study by the International Bar Association, a significant number of legal professionals worldwide have been subjected to bullying at work or observed others being bullied, bias based on gender, race, age, LGBTQ+ status, disability and other characteristics impact who is most likely to be targeted. Despite employer policies on diversity, inclusion, anti-harassment and anti-bullying, the problem persists. This program will equip individual attorneys with ethical strategies to deal with bullies effectively and increase civility within the profession.

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 the Duty of Confidentiality under Model Rule 1.6 as well as privilege and work product rules. We will cover the legal basis of an exceptions to both confidentiality and privilege. This course will analyze the tests to apply and real world application, as well as exploring the overlap of the rules of evidence.

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.

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.

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.

To help opposing parties resolve conflicts in the quickest and most effective way possible, mediators must be prepared to deal with a number of differing perspectives, personalities, and negotiation styles. In this informative and instructive course, experienced mediator and attorney Simeon Baum provides a detailed overview of the role of the mediator and the basic stages of mediation. Focusing on the Fisher/Ury Model of Cooperative Negotiation, Mr. Baum furnishes guidance on effective communication, active listening, how to deal with emotional triggers, and what mediation practices to avoid. Mr. Baum also discusses the art of giving and getting information as well as how mediators can help attorneys determine whether and when to settle, walk away, or prepare for an expensive and time-consuming trial. After viewing this course, attorneys will be equipped with the essential skills to guide their clients through a mediation as well as those needed to become a successful mediator.

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.

Also known as the “Lincoln Law”, the False Claims Act continues to serve as the United States Government’s primary tool to redress false claims for federal funds and property. In late-2021, a bi-partisan group of Senators introduced The False Claims Act Amendments of 2021 (S.2428), which builds upon the 1986 and 2009 amendments and addresses issues related to Escobar. The goals of the webinar are to highlight key areas of the False Claims Act, explain DOJ priorities, and highlight recent case law.

It’s been estimated that almost half of our daily thoughts are automatic. Thinking like a lawyer is a skill developed in law school and honed throughout our years of practice. From issue spotting to analysis, we are well trained in the assessment of worst-case scenarios. We are paid to assist our clients in the artful management of potential pitfalls.

These cognitive patterns make us more effective in our common daily tasks but can come at a cost. In a profession that rewards skilled pessimism, such thought patterns can prove to be toxic. In this presentation, review practical examples and learn how to navigate automatic, negative thoughts and cognitive distortions to help you achieve professional and personal balance.

Internet based technologies, such as email, document management software, teleconferencing, and ediscovery, for all their upsides, are in fact making it harder to do diligent lawyering. This course analyzes how technology has changed the way lawyers work and even think, and how some basic rules of evidence can no longer be followed. Due to professional pressures we are forced into technologies we don’t need and forced to practice in sloppy ways where mistakes are more likely. We are increasingly surrounded by “dark matter”, case file materials or relevant evidence which cannot be accessed and which we may not even know exists. Strange as it might seem much of our time now is waiting for software to execute, time which we cannot devote to other matters. The presentation ends with simple suggestions on how to get the digital beast under control.

Blockchain technology and cryptocurrencies present many complicated legal issues and attorneys need to be aware of these issues to provide competent legal representation. In addition, blockchain technology and cryptocurrencies are creating a new area of law that presents an excellent opportunity for attorneys looking to expand their practice or to be seen as a legal thought leader in their organization.

This course is a primer to class litigation, in essentially three parts: Part 1 is class action legal theory, Part 2 is the public policy debate, and Part 3 is class litigation in practice. Part 1 will address the creation of Federal Rule of Civil Procedure 23, as well as key legal developments in class action law, including Wal-Mart v. Dukes, Campbell-Ewald v. Gomez, Amchem v. Windsor, and others, up through the present day. Part 2 will address the major arguments both for and against class actions as public policy. Part 3 will address class litigation in practice, tracing changes in how class actions are litigated over time, and how class litigation has been practically impacted by developments in class action case law, with a focus on how to use the current law to successfully prosecute or defend a class action.

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.

This course is designed as a basic course for counsel with limited knowledge of franchise law and will introduce the basic legal considerations in franchising, whether you are representing a franchisor or a franchisee. We will cover the legal definition of a franchise and review the federal and state laws governing the franchise relationship. We will also explore where to find information regarding franchise brands, the dangers of becoming an accidental franchise, and some other legal considerations, beyond contract law, to keep in mind when representing the franchisor or the franchisee.

With the acceleration of the globalization of business over the last 20 years, alliances between companies have become commonplace. These alliances can be from different parts of the world or different ends of a supply chain. Whatever the duration and objectives of business alliances, being able to identify and execute alliance opportunities are keys to remaining competitive in the global economy.

Do lawyers give up some of their First Amendment free speech rights when they are sworn into the bar? This course will enlighten lawyers who have been confused about what they can and can’t say publicly while complying with legal ethics rules. We will use real cases and the ABA Model Rules of Professional Conduct to explore where the line is with respect to lawyer advertising, trial publicity, statements to the media, political speech in the courtroom, criticism of judges, and more.

With legal practice reforms enabling law firms to build their tech stacks and scale their services, coupled with the accelerating rate of innovation, now more than ever, embracing technology is necessary for legal practitioners to stay afloat in the era of digitalization. This 1-hour long CLE will explore how technology is the reshaping of key elements of the law firm business model and what lawyers can do to future-proof their practices and mitigate the problems that most firms and practitioners face today.

A quiet revolution is afoot. With every passing year, the legal world becomes increasingly dependent on technology. Changes have been coming for decades: computers have replaced typewriters; electronic filing has replaced hand‑delivery; and trial presentation software has replaced exhibit binders. Utilizing technology can improve your legal writing. This presentation introduces you to one easy-to-use tool that will help improve your legal writing and editing.

As companies look to seize opportunities for growth in 2022, many are facing uncertainty in the broader business environment and on their own balance sheets. Whether a company is thriving or struggling, litigation finance may be a financial solution to transform liabilities into assets, helping businesses and law firms monetize legal claims for working capital or other purposes. Litigators, in-house counsel, C-level executives, and law firm managers might all benefit from understanding how this tool may help their own or their client’s business better manage risk and maximize growth, even while managing active litigation.

The courtroom may seem like a scary place, but it does not have to be. This course will discuss the evidentiary and admissibility rules that every attorney needs to know and will guide you through what to do during trial so that you have the best chance of getting your evidence admitted into the record. The goal of this course is to untangle the complicated world of evidence and admissibility rules and procedures, so that no matter how inexperienced you may be, you will feel at home in the courtroom.

Lawyers in Oregon, like many other mandatory reporters, may not be experts in identifying child abuse and elder abuse. The mandatory reporting statutes in Oregon are intended to identify possible victims of child abuse and elder abuse so that the allegations can be assessed by qualified child welfare and adult welfare professionals. Lawyers will often encounter victims of child abuse and elder abuse but must critically analyze their ethical obligations, their attorney-client relationship, and their statutory obligation to report abuse. Additionally, lawyers in Oregon are required by the Oregon State Bar to receive regular training in child abuse reporting as a part of their continuing legal education requirements.

This course will cover who must make mandatory reports of child abuse and elder abuse, how to make mandatory reports, how to identify potential child abuse and elder abuse, and any exceptions to the mandatory reporting requirements for lawyers. Additionally, this court will cover the balance between mandatory reporting of child abuse and elder abuse and a lawyer’s obligation to protect the attorney-client relationship as outlined in the Oregon Rules of Professional Conduct.

From very experienced former federal prosecutors, participants will learn how and why corporate criminal enforcement is investigated, prosecuted, and resolved by the U.S. Department of Justice and federal law enforcement agencies. Participants will also learn the latest “carrots and sticks” approach to corporate criminal enforcement, future enforcement areas, and potential outcomes, along with practical suggestions about when and why to associate with outside counsel and proactive measures to consider taking to lessen the risk profile of businesses in today’s enforcement environment.

Social media is an ever-growing area that affects the practice of law, through attorney advertising, social networking, evidence collection, and monitoring. According to the Rules of Professional Conduct, attorneys must stay knowledgeable about anything that affects the practice of law, including social media. This course will touch on some of the basics of social media through various platforms. This course will also discuss the applicable rules of professional conduct that can be violated if attorneys are not careful regarding activity online. This course will address real-life case scenarios and examples of “what not to do”.

At two years into the pandemic, remote work is still a fact of life for many employers and employees, and cyber threats continue to rise. What are the challenges in ensuring that employers’ privacy and security policies are compliant and effective in these circumstances? This program will review regulators’ current best practices and provide tools to help lawyers advise their clients on the cybersecurity and data privacy rules and principles essential in remote work environments.

This one hour program will cover high level concepts of real estate transactions from a buyer’s perspective. We will address the role of a real estate attorney, ranging from due diligence considerations to contract negotiations. This course will provide you with some real world insight on best practices in managing contracts of sale.

Screening clients, scoping cases and setting appropriate expectations of clients is a fundamental part of having a successful legal practice. It’s important to be able to determine whether a potential client fits your (and your firm’s business) model, whether the potential client has any knowledge of the legal remedies available to them, and whether they have a realistic understanding of the costs involved. Setting appropriate expectations from the get-go can make or break your attorney-client relationship. During this hour long seminar, we will address the many issues that can emerge from an attorney’s failure to set appropriate expectations and screen clients, as well as provide tips to ensure that you are set up for success from the very beginning.

When taxpayers fail to timely file or comply with other Internal Revenue Service (IRS) rules, the agency may issue many different types of penalties. Penalties are typically associated with late payment of tax and/or late filing of tax or information returns. Information returns can be domestic or international.  The international information returns carry significant penalties for late filing and/or filing inaccurately. These penalties can range from a few hundred to a few million dollars. Mishkin Santa will provide practical insight for lawyers on IRS rules related to these penalties and advice on how to obtain abatement of these penalties for clients.

Taking effective depositions is a crucial skill for litigators and trial lawyers, a skill that can be taught and learned. But how should deposition skills be taught? A lot goes into taking effective, powerful depositions and a lot goes into defending depositions. Effective depositions can be reduced to mastering certain skills, including conducting thorough due diligence before a deposition, thinking through and relying on your case theme during the deposition, securing all relevant information the witness has to offer, and directing the witness the provide you the information in the manner that you want it. This course will focus on strategies and exercises for teaching deposition skills that win cases.

The art of jury selection, commonly known as voir dire, plays a pivotal role in shaping trial outcomes. This course delves into the essential do's and don'ts of voir dire, equipping legal professionals with the knowledge and skills to conduct effective jury selection.
The course begins by examining the foundations of voir dire under state and federal law, providing a thorough understanding of the legal framework that governs the process. Participants will explore key concepts, such as the constitutional rights of potential jurors, challenges for cause, and peremptory challenges, enabling them to navigate the complexities of voir dire with confidence.
This course will also address how to craft compelling questions, establish rapport with prospective jurors, and identify potential biases and prejudices. Additionally, techniques for active listening and non-verbal communication will be explored to enhance the effectiveness of voir dire. Whether you are a seasoned litigator or a budding attorney, this course will empower you to select the most favorable jury for your client's case and enhance your overall trial advocacy skills.

Trials are won and lost on evidence. Even having the best evidence to support your case theme and theory is useless if you can’t get that evidence admitted. In this practical refresher focusing on the Federal Rules of Evidence, attorneys will learn what it takes to authenticate any piece of evidence, best practices for doing so, and get a reminder of the specific types of evidence you must offer at trial under the Best Evidence Rule. This course will provide attorneys new to trial practice the practical application of evidence rules.

This course provides a solid overview of the history of litigation finance, from its early days in Australia and the United Kingdom, to its current robust existence in the United States. Litigation finance opens up new avenues to capital for businesses and law firms with meritorious claims, but who otherwise would not have been able to pursue them due to the costs associated with doing so. Viewers will leave this lecture with a clear understanding of how litigation finance operates, what challenges it used to be faced with, and how the legal industry has opened up to it. We will also cover the questions practitioners should ask and answer when looking at litigation finance.

From FTX to NFTs, it seems like cryptocurrency and blockchain technology are at the top of news and culture. But which laws apply to this technology, and which government entities regulate this space? And what do businesses, investors, and consumers need to know to avoid legal pitfalls?

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade and held that there is no constitutional right to abortion. This program will trace the path toward and beyond Roe, including the decisions involving the right to privacy and substantive due process. We conclude with some predictions about the effects of the Dobbs decision for abortion rights and other constitutional rights.

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 presentation will provide an overview of multiple aspects of the attorney ethics rules that – may or may not be second nature to practicing attorneys – but are things about which regular people are largely unaware. And, as to some of the topics, even when someone who isn’t a lawyer knows of the rule, the reasons for it can be extremely confusing.

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.

This one-hour course will provide attendees with a solid foundation for producing compelling written argument for oral argument that is backed by solid research. The course will also provide tips and tricks for producing clear and concise briefs and avoiding common pitfalls that often lead to losing a motion before setting foot in the courtroom.

Working from home is particularly complicated for lawyers. While we navigate many of the same difficulties as other professionals, such as managing staff remotely and maintaining privacy, we are also subject to professional rules guiding nearly every aspect of our communications. How do we ensure that that clients can be completely open and honest about their legal situation and prevent disclosure of communications related to legal advice when we are outside of our office? Which communications and interactions do we need to be concerned about while working from home or from other unusual or awkward settings? And how can we ensure other attorneys and staff are they meeting these requirements when working from different locations? This course will survey the main issues related to communicating with both clients and staff in a work from home environment. It will also introduce you to practices that will reduce your liability and protect your peace of mind.