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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.

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.

No visa attracts more interest, frustration, and questions than the H-1B, which is subject to a strict numerical cap and much scrutiny. Immigration attorneys must be able to present clients with alternative options, while addressing a range of questions. Which nonimmigrant (temporary) visas most closely resemble the H-1B in terms of eligibility requirements, as well as benefits and restrictions? What other options might facilitate obtaining an immigrant visa (green card)? This course will provide a survey of nonimmigrant visa categories that typically apply to these circumstances, while considering issues such as timeframes, eligibility requirements, and how different categories might fit or conflict with each other––with the goal of providing the view with as much information as they need to help a client feel informed about and comfortable with the options presented.

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.

This course offers an in-depth look at how the concept of ownership is treated with regard to animals and their offspring and it provides participants with every key case citation as to ownership rules, animals as properties to be conveyed and transferred, and how value and damages theories affect our application of ownership laws to animal-relate disputes. The cliched proposition that animals are personal properties is simply the jumping off point to a host of more sophisticated analyses about owning such properties and the unique problems that are brought to light by the fact that as properties animals do odd things such as make decisions, independently transport themselves from place to place, and magically compound their value over time. We also consider how animals may be “specially valued” and at the same time keep in mind the realistic comparison of dead animals with dead humans in both applying and misapplying wrongful death laws and valuation schemes.

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.

Assisted Reproductive Technology (ART) law involves complex and sensitive issues that prompt a number of drafting concerns for attorneys. In this program, Colleen Marea Quinn guides attorneys through the important and fundamental considerations surrounding ART law and basic ART contract drafting. First, Ms. Quinn covers the basics of family formation through ART and relevant medical terms. Then she addresses drafting pre-requisites and what information must be gathered prior to contract drafting as well as useful resources. Next she provides an extensive road map that incorporates specific structural techniques to help demystify the ART contract. Finally, Ms. Quinn provides an overview of necessary contract provisions covering everything from pre-screening, physical exams & psychological evaluations, and payment methods to labor notification, breaches and remedies. Do not miss this introduction to ART law and the fundamentals of ART contract drafting.

HIPAA celebrated its 25th birthday in August 2021. Given the current climate of increased cyberattacks and regulatory scrutiny, compliance is more important than ever. This webinar focuses on risk mitigation in relation to having adequate technical, administrative, and physical safeguards, as well as ensuring that the Privacy Rule’s obligations are met. The goal is to utilize recent civil and criminal enforcement actions to set the stage for utilizing NIST and other standards to avoid violations of HIPAA and the related laws – the HITECH Act, 21st Century Cures Act, and 42 CFR Part 2.

This one hour presentation will cover reasons why consumer bankruptcy filings defied expectations and declined during the Covid 19 pandemic, and discuss likely trends in those filings going forward. The focus will be on consumer, as opposed to business bankruptcy, though we will discuss those as well. The course will be particularly relevant to current and future bankruptcy advocates.

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.

During the COVID-19 pandemic, many lawyers began working remotely from home every day. How do the ethics rules apply to long-term remote or “hybrid” practice? In this course, we will explore some of the rules of professional responsibility implicated by long-term remote and hybrid practice—including the rules of confidentiality, communication, supervision, and competence—and offer practical tips for ethical compliance. We will end with a discussion of the rules on unauthorized practice of law and the ethics opinions offering guidance to lawyers who may be living and working remotely from a state in which they are not admitted to practice.

Customs and International Trade Law is the intersection of national sovereignty and international commerce. Fueled by economic concerns, national interests and arcane peculiarities, customs law can be an interesting minefield for companies to navigate. You don’t need to be an expert in customs law to serve your clients—but you should be aware of basic principles and be able to identify potential compliance problems and cost-saving opportunities.

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.

This is a comprehensive overview by an attorney who defended the Church for 20 years. How did the sexual abuse crisis start? What was the Church’s response? What must one do to sue the Church? What must one do to defend it? What are special issues that come up? What are the insurance implications? Examples from the presenter’s experience are discussed, and the handling of litigation is uniquely treated in light of the presenter’s previous career as a social worker in which he also dealt with victims (and perpetrators) of sexual abuse. Warning: explicit descriptions are given such as is necessary in this area of litigation.

Parties often complain that arbitration costs too much money, tiered dispute resolution clauses force mediation too early, and it generally takes too long to get to resolution. All of these issues can be addressed in the clause that parties negotiate. This program will highlight options for parties to consider in drafting fair and efficient dispute resolution clauses.

This program is designed to help attorneys understand the role of medical reports in litigation. We will take a deep dive into the benefits of understanding medical records, how to increase your vocabulary of “medical jargon" as an attorney, and explore the relationship between facts and the medical reports.

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.

Fifty years ago, the Supreme Court described our nation’s college campuses as a true “marketplace of ideas,” holding that the First Amendment protects student speech at public colleges and universities. But the Court’s 1972 ruling in Healy v. James was just the beginning. Over the decades that followed, students, administrators, attorneys, and courts have grappled with the reach, limits, and larger social importance of freedom of expression on campus, taking on everything from speech codes to bias response teams, from student publications to social media. Join Will Creeley of the Foundation for Individual Rights in Education as he explores the past, present, and future of this dynamic, evolving body of constitutional case law.

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.

In this introduction to wage & hour laws, you will learn about employer requirements for proper classification, work time management, and payment of their employees. We will discuss requirements for meal and rest periods, work time and overtime, timing and methods of payment, and expenses. We will also review what you need to know about the recently-enacted Pay Transparency Act.

Mismanaging an IOLTA account is one of the primary reasons that attorneys find themselves in disciplinary hot water, and misconduct, even if “innocent,” can lead to discipline, including loss of the ability to practice. In many cases, the attorney involved has never been trained how to handle a trust account, and does not know the best practices for handling one. In this program, attendees will learn about the relevant Rules of Professional Conduct, particularly Rule 1.15, and best practices for handling client and other funds in their IOLTA accounts.

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.

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.

Women's Soccer scored big by getting paid $24 million dollars in a settlement with the U.S. Soccer Federation when they leveraged The Equal Pay Act. Then, they renegotiated their collective bargaining agreement to ensure equal pay with the men's team moving forward. Your clients can also win big if they are experiencing sex-based wage discrimination at work. Learn the in's and out's of The Equal Pay Act and its companion law, Title VII of the Civil Rights Act, to score a big win. Participants in this course will be ready to bring claims and defend suits right out of the gate, which is particularly important because women were still earning 82 cents on the dollar, as compared to men, as recently as 2020. Plus, those figures were from before COVID set women back decades in their fight for equality.

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.

The last four years have been a watershed moment in amateur college sports. From the possibility of losing eligibility for pursuing endorsement offers in 2019 to signing multi-million dollar deals in 2022 this is a new era for student-athletes. Sports lawyers will learn about how we got here and how the intersection of NIL deals, the NCAA Transfer Portal & Boosters have changed the college sports landscape. And we know this much…where we are now and what is allowed or not allowed today will change rapidly and frequently. It will be critical for lawyers to stay up to date as the NCAA, federal legislators and states continue to jockey for position in controlling the direction of college sports.

Social media is a minefield: All of us are just a click away from going viral! But the risk of internet infamy hasn't stopped students and faculty staff from posting, sharing, and tweeting their way into free speech flare-ups at campuses across the country. So what can recent First Amendment controversies and cases involving social media teach us about freedom of expression and the First Amendment? Join Will Creeley from the Foundation for Individual Rights and Expression as he takes a closer look at student and faculty free speech rights in our extremely online world.

This program will cover mandatory child and elder abuse reporting laws applicable to Oregon attorneys, and will address the concerns, requirements, and themes regarding what lawyers are expected and obligated to do in their practice about issues arising with the reporting of suspected elder and child abuse. In this course we will closely examine the philosophy behind reporting malfeasance in general, the significant distinctions between lawyers and other professionals in what is expected and what is allowed as to reporting, the burdens and benefits of confidentiality and communication privileges, the effect of statutory immunities for reporting, the relevant Oregon reporting statutes and their legislative history, and case law in Oregon and in other states interpreting statutory commands. We will also discuss the details and particular circumstances in which reporting is required, how the mechanics of making a report work for and against the lawyer and the client, and where exceptions and omissions in the law exist. Our discussion aims to assist attorneys in understanding how mandatory reporting translates into real life practice.

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.

This lecture will present the interdisciplinary perspective relating to custody matters when presented with cultural and religious issues and discrepancies between parents. It will review case law and psychological protocols that are used to understand what factors a court will consider and what weight it will attribute in the handling of the matter.

On November 27, 2019, the European Union enacted a new directive on the protection of whistleblowers. This Directive, titled Directive 2019/1937 on the protection of persons who report breaches of Union law, requires E.U. Member States to significantly reinforce legal protections for whistleblowers. Its provisions—which are widely considered the most whistleblower-friendly in the world—include broad anti-retaliation protections as well as reinforced compliance obligations for employers. The Directive is currently being implemented across E.U. Member States, with certain countries having already adopted national whistleblower legislation pursuant to the Directive, and other Member States in the process of adopting such legislation. This program will review the E.U. Whistleblower Directive and provide a snapshot of Member State legislation to date. The program also highlights best practices that employers with European operations can put in place to ensure compliance with the Directive and Member State legislation.

The retainer agreement is an often neglected tool to meet our ethical obligations to our clients while simultaneously managing and reducing professional risks inherent in the practice of law. The retainer agreement touches on virtually every kind of private practice and directly addresses the two greatest sources of professional risk to attorneys – ethical obligations and legal duties to clients. This course explores the basics of the retainer agreement along with corresponding ethical considerations in the context of every day professional risks lawyers face through a review of the ABA’s model rules, sample retainers and ethics opinions. The “living” retainer agreement as a risk management device and best practice tool, including an overview of paralleling ethical considerations will be explored, along with how to develop a firm-wide retainer agreement plan.

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.

The sports industry is a unique, highly popular and fast-changing business. The legal issues involving professional, college and recreational sports are more varied and complex than many realize. The goal of this series is to acquaint lawyers who are unfamiliar but interested in learning more about the legal aspects of this industry. This presentation will focus on Sports Governance, the Internal and External Laws of Sport and contractual issues, with a short discussion about Covid at its conclusion. Other portions will focus on collegiate sports and professional sports labor and antitrust issues.

Most sports fans know what the NCAA does and does not do. For many years, the NCAA's autonomy regarding college sports was unchallenged. However, in recent years, courts have become more conscious of the serious antitrust concerns arising out of NCAA policies and starting earlier in this decade, the courts began to seriously apply antitrust law rules to NCAA conduct. This presentation will discuss the background of the Alston case, the rulings by the lower court, the Supreme Court's ruling and concurring opinion by Justice Kavanaugh and world of college sports after the Supreme Court's seminal ruling in NCAA v. Alston.

Professional sports involve a unique interplay between antitrust and labor law. On the one hand, pro leagues have a cartel structure where independent team owners coordinate policies with regard relocation, broadcasting deals and salary controls, their way of doing business raises antitrust questions and poses challenges for courts to determine whether these policies violate antitrust law. In addition, because labor agreements are made by all of these owners through the umbrella of the league, the labor agreements combine aspects of labor law, but also involve the applicability of antitrust exemptions involving their labor agreements. This presentation will focus on the basic antitrust standards, the scope of Major League Baseball’s antitrust exemption, the scope of the “rule of reason” test and the scope of the so-called non-statutory labor exemption to antitrust. If there is time, we will review some key provisions of the current labor agreements between Major League Baseball and its players and the NFL and its players.

If you could protect your cognitive health in the future, would you, do it? Research indicates that cognitive decline can begin in our 20s and 30s. The truth is, it’s never too early to recognize the threats that can adversely impact our cognitive function. It’s estimated that at least one-third of all diagnosed cases can be prevented through lifestyle choices. As lawyers, we understand that good cognitive function is vital to our professional obligations and abilities. This course offers evidence-based strategies to help protect and preserve your cognitive health. Discover the natural action steps that you can implement now to help you maximize your long-term cognitive care.

Amidst a pandemic quickly turning endemic, people are learning the value and power of the virtual world, from education to work to healthcare. A doctor on vacation in Hawaii conducts a follow-up appointment with her 83-year-old cancer patient in New York City while a Florida Cardiologist checks in to see why his patient in Nevada has such a low heart rate at the moment. These are just some of the exciting ways that telehealth can benefit patients and providers, but what are the rules in this fast-changing environment? This course will provide you with the tools you need to advise your clients on the legal and regulatory aspects of telehealth from both a federal and state perspective.

It’s not easy being a lawyer. Attorneys face rigid deadlines, packed calendars, and long hours. Clients are often stubborn and unforgiving, demanding 110% of your attention and expecting five-star work at 2-star prices. As attorneys are only human, even the most skilled and seasoned will inevitably, to some degree, make a mistake. A mistake may damage your case, and might also threaten your relationship with a client or even your position at a firm. But failing respond appropriately to a mistake will jeopardize your license and your career. During this course, we will consider an attorney’s duties related to error disclosure, what exactly those duties require, and why it’s important to take these duties seriously.

In this course, Reid will share his lived experience coping with mental health issues as a lawyer, including the decision to publicly disclose his bipolar II diagnosis in 2017. You will learn how to identify signs of burnout and poor mental health in lawyers, as well as self-care techniques, coping skills, and mental fitness exercises to improve well-being and work performance. You will also learn about Reid’s volunteer and advocacy work to help others, including serving as a facilitator for peer support calls for the Lawyers Depression Project.

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.

When we think of criminal antitrust enforcement, we often think of monopolies and widespread price-fixing schemes by behemoth-sized companies. However, over the last few years, the U.S. Department of Justice’s Antitrust Division has become increasingly aggressive, particularly as it relates to alleged antitrust violations by employers of all sizes in the labor market. In this discussion of the DOJ’s renewed antitrust enforcement efforts, we will focus on recent cases involving wage fixing, no poach, and non-solicit agreements. Our presenters, who served as defense counsel in the DOJ’s first-ever criminal wage fixing case, will also share lessons that they and their colleagues have learned trying cases against the DOJ’s [markedly more aggressive] Antitrust Division.

Abelism is defined as prejudice against people who are perceived to be disabled. It consists of bias in favor people who are perceived as being typically able and it often denies or fails to recognize the unique super-capabilities of the differently-abled. How can we rid ourselves of stereotypes regarding the lesser value and or lesser capabilities of people who are not typically abled? How do we create an environment where differently-abled people are fully respected, fully valued, fully appreciated, and fully supportive? This session will answer these questions with compassion and humor.

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.

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.