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Immigration attorneys often struggle with the demands of practicing in a highly complex area of law in which the stakes are extremely high for their clients. Many different agencies are involved, and attorneys must be fluent with the grounds of inadmissibility and removability, their related waivers, potential eligibility for benefits, potential penalties and forms of relief, and countless regulations, statutes, agency manuals, memoranda, and abstract legal concepts and principles that govern every aspect of immigration practice. In this context, attorneys must advocate for clients whose ability to live, work, remain with their families, or to avoid persecution or harm may lie in the hands of the attorney. 

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 Fourth Amendment’s vague directive, which prohibits the government from conducting unreasonable searches and seizures, has been subject to perpetual (re)interpretation since the Founding Era. This is in part, by design. The amendment’s key terms are undefined, and thus their meanings have remained unfixed. Adding to the morass is assessing how courts should best enforce Fourth Amendment safeguards in this constantly evolving legal landscape. In this course, we will analyze how the U.S. Supreme Court (and other courts) has applied Fourth Amendment protections in resolving novel legal questions. We will also explore unresolved legal issues that courts are facing or will likely face soon. Participants in this course will gain an understanding of how Fourth Amendment law has recently changed and how the amendment’s protections might apply to individuals today.

Today’s program, taught by David Johnson of Hawkins Parnell, will take a practical dive into what you need to know about a US Department of Labor Investigation and the surrounding litigation. We will provide a general understanding of ESOPs and best practices for you and your defense counsel in responding to DOL investigations while also discussing the DOL’s authority and precedence in relation to ERISA.

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.

A clear and healthy mind is critical in our ability to navigate the myriad of challenges we face as lawyers. Stress is a normal part of our lives. If left unchecked, it may impact multiple areas of our body including the brain. Unmanaged stress may lead to poor nutrient absorption and multiple symptoms that can impact our personal and professional quality of life. Similarly, dietary deficiencies can cause or contribute to stress anxiety and even depression. The discovery and implementation of key self-care strategies can improve our mental health and make us more effective lawyers. This unique program provides practical best practices, which focus on building and enhancing a core foundation for mental health and wellness.

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.

This course is designed to expand on various issues under the umbrella of technology law. In every aspect of a lawyer’s career, technology plays a role. Technology is so important to today’s lawyer that state Bars are starting to add a technology element to required CLEs. This course provides a summary of issues related to e-discovery issues should litigation ensue and addresses attorney duties in regards to data security.

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 presentation will cover do’s and don’t’s for settlement of individual employment cases. While some tax issues will be covered, the audience should understand that Mr. Fitzpatrick is not a tax lawyer and will not be providing tax advice. Among the issues covered will be no rehire clauses; non-disparagement clauses; scope of release; confidentiality; term sheets; ethical issues; effective date; and many others. The purpose of this presentation is to identify the controversial clauses so that the audience appreciate the debate that often focuses on these clauses.

No two brains are the same. An estimated 1 in 7 people are neurodivergent, including those with autism, ADHD, mental health disabilities, learning disabilities, intellectual disabilities or acquired brain differences. Given this prevalence, why are conversations around neurodiversity nonetheless so difficult, especially in the context of law practice? How can we dismantle the barriers for neurodiverse clients to ensure they have equitable access to justice? In this session, Haley will unpack the nuances of accommodations, ethical considerations for representing neurodivergent clients, navigating disclosure, advocating for ourselves and others, and building accessibility into our understanding of “inclusion” and access to justice. Come prepared for lightbulb moments, and leave feeling more empowered to tackle stigma.

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.

The Comprehensive Environmental Response, Compensation, and Liability Act -- otherwise known as CERCLA or Superfund – is the federal statute that provides a funding mechanism to clean up uncontrolled or abandoned hazardous waste and accident sites. In this course, Connie Sue Martin will lead you through the CERCLA liability framework, contribution and cost recovery, and the roles of key players such as EPA, states, and Indian tribes.

Our country’s criminal justice policies intersect with voting rights through felony disenfranchisement. Voting is a fundamental right and the cornerstone of democracy. Yet over 5 million U.S. citizens are denied the right to vote due to a previous conviction, even though many of them have returned to their communities or completed their full sentence. This CLE will first provide a definition of felony disenfranchisement and the process of rights restoration. We will then summarize felony disenfranchisement policies and their practical effect on our democracy. The course will then discuss case law on felony disenfranchisement and focus on the difficulty of protecting the voting rights of those with a prior conviction in federal courts. We will then turn to state court challenges to felony disenfranchisement and differing state policies on rights restoration. We will end with a discussion of developing litigation strategies, and opportunities for protecting the right to vote of citizens with a conviction through advocacy.

Given the US Supreme Court ruling of Bostock v Clayton County, Georgia, decided June 15, 2020, employers, employees and employment law attorneys need to understand the heightened protections afforded employees in the workplace based on gender identity and sexual orientation.

One of the challenges faced when attempting to treat or assist an individual suffering from a mental illness is a lack of insight into having such an illness. The individual may deny suffering from a mental illness and therefore refuse treatment or the assistance of a family member or loved one, insisting that he/she can function independently, despite evidence to the contrary. The individual may prevent others from accessing medical and financial information, thereby making it impossible to speak to care providers and financial institutions to protect, advocate and plan for the future. Even if the individual has the capacity to sign advance directives such as a Power of Attorney or Health Care Proxy, he/she can either refuse to do so or revoke those documents after execution. The circumstances might require a more restrictive type of intervention.

In this course, Dolly Hernandez will discuss practice tips on handling client intake for marital and family law matters. This course will address the initial conflicts check, potential issues and sensitivities in marital and family law matters, and the components of a consultation. Dolly will also review practice pointers and materials needed for a successful marital or family law intake process.

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.

Section 337 investigations at the U.S. International Trade Commission (ITC) provide a fast and efficient forum to assert your intellectual property against imported goods. A successful ITC complaint can quickly lead to the ITC blocking future imports of infringing products, protecting market share, and stopping unfair competition. Because Section 337 investigations differ substantially from federal district court actions, success requires a nuanced understanding of the ITC’s unique requirements and procedures. In this course, Mr. Riley explains how to file a complaint at the ITC and examines the wide array of possible causes of action, including patent infringement, trade secret misappropriation, unfair competition, and breach of contract. Mr. Riley also discusses how to best utilize the ITC’s procedure and discovery rules to strategic advantage.

This course is designed to provide a basic understanding of juvenile immigration law. It will provide an overview of the population of unaccompanied minor children, the immigration court system in the United States, and the forms of immigration relief that unaccompanied children are eligible for. Attendees will gain a comprehension of the different legal applications for unaccompanied children and what is required to complete such applications. This course will also provide insight into the challenges of working with immigrant youth who have experienced trauma and upheaval in their lives.

In 2012, the American Bar Association implemented “technical amendments” to a number of the Model Rules of Professional Conduct in order to address the evolution of technology in legal practice and the obligation to secure client data. We will discuss the amendments, subsequent ABA Formal Opinions clarifying the Rules’ application in practice, and basic steps needed to comply with the Rules. We will cover measures to secure the confidential client data on your firm network, individual computers, and mobile devices.

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.

Prior to Brown v. Board and the passage of the landmark civil rights laws of the 1960s, perpetrators of discrimination were clear in their reasons for what the law now recognizes as unlawful conduct.

While civil rights laws have a huge impact in eradicating what some call “honest discrimination” where the culprit admits his/her/its reasons for wrongful conduct, the laws have given rise to new schemes that – often harder to detect – are designed to achieve the same discriminatory impact.

This one-hour lecture will outline the trajectory of our discrimination laws, the rise of dishonest discrimination, and provide practical tips on litigating discrimination cases where proof is complex.

Welcome to NFL Contract Advisors – “So You Want To Be An Agent…” A big part of sports law is getting agents ready for the obligations of managing high-profile clients. And that’s where lawyers come in. NFL Contract Advisors covers NFLPA certification requirements, agent eligibility, standards of conduct and prohibited actions, key points of agent-player contracts and player-team contracts, and the NFL’s personal conduct policy. And most importantly, we’ll look at some recent episodes of “bad client behavior” in the NFL (aka – The 3 AM Phone Call). Stories include a mercurial QB skipping a game to party (in disguise) in Las Vegas, a star wide receiver allegedly throwing furniture off a 14th floor Florida condo balcony, the league’s highest-paid player bankrolling a dog fighting operation, and of course…“DeflateGate.”

This program will focus on Workers Compensation, Social Security Disability Benefits, and Unemployment Benefits. After an overview of each program’s basics, we will begin with a recapturing public benefits policies from the Covid-19 Pandemic. We will review and assess the current state of these benefits programs in terms of both legal changes and operational changes. The final portion of the program will look at the political, global, and economic factors impacting these programs. We will focus on predicting the impacts on public benefits and proactive steps we can take to best prepare your clients.

The changing reproductive health landscape has created confusion and fear among individuals identifying as female as to the privacy and security of their sensitive health data. Following the Dobbs decision, many women have abandoned their period tracking and female health technology (femtech) apps out of fear that their health data could be used to prosecute them for an abortion-related crime. This presentation (i) provides an overview of the shifting reproductive health landscape and privacy laws applicable to healthcare providers and femtech companies, (ii) describes how reproductive health data may be accessed and used by law enforcement officers, and (iii) provides suggestions for practical steps that femtech companies and healthcare providers can take now to help the women’s health industry regain consumer trust.

As drone technology continues to evolve and drones evolve from novelty items to a central part of business operations in a variety of fields ranging from logistics and public utilities to real estate and construction, commercial drone operators must ensure that their operations comply with emerging federal drone privacy law. In this overview of the provisions of the FAA Reauthorization Act of 2018 governing the privacy practices of commercial drone operators, we cover key provisions governing operators’ privacy policies and compliance with the emerging patchwork of state and local information privacy and security laws. We also address emerging issues in federal preemption law related to the applicability of state and local information privacy and security laws to the aviation sector.

On June 15, 2020, the Supreme Court of the United States (SCOTUS) issued a landmark decision regarding the scope of protections afforded under Title VII of the Civil Rights Act of 1964, for gay, lesbian and transgender employees in a trio of consolidated cases: Bostock v. Clayton County, GA., Altitude Express, Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission et al., 140 S.Ct. 1731, 2020 U.S. LEXIS 3252 (Jun. 15, 2020) (consolidating No. 17-1618 (Bostock), No. 17-1623 (Zarda) and No. 18-107 (R.G. & G.R. Harris Funeral Homes). In a 6-3 decision authored by Justice Neil Gorsuch, SCOTUS found that the plain meaning of Title VII’s prohibition making it illegal for an employer to discriminate against an individual employee “because of such individual’s . . . sex” [42 U.S.C. §2000e-2(a)(1)], was sufficiently broad to prohibit an employee from being discharged merely for being gay or transgendered. Id. at 1739. As a result of that decision, and prior directives from the Department of Labor (“DOL”), and the Equal Employment Opportunity Commission (“EEOC”), federal law bars discrimination and harassment on the basis of sex to protect employees and applicants for employment from being harassed, denied employment or promotion, or otherwise subject to adverse treatment because they do not conform to societal gender expectations. This program will help employers to make sure that their workplace conforms to federal law and provides a safe space for employees to express their gender identity.

Ransomware permeates the news. But what do you really know about it? Well, if you watch this three-part series, the answer will be a lot. We will talk about ransomware, how to respond, how to report, and how to take steps to minimize the impact of an attack. In Part 1, we will talk about ransomware and how to respond to an attack.

Now you know about ransomware. You know the types, you know how the attacks work, and you know what to do and not do in response to an attack. (Part 1) And you know how to message the attack, when to report to the FBI, and how to negotiate a ransom demand (that is if you watched Part 2). Wouldn’t it have been nice to avoid all of that? While no one can guarantee a ransomware attack won’t occur, your organization can take steps to minimize the likelihood of one happening and minimizing the impact if one does. Interested? Then watch part three of this three-part series.

Now you know about ransomware. You know the types, you know how the attacks work, and you know what to do and not do in response to an attack. But so far, we’ve focused on how to stop the attack and resume operations as soon as possible. But in most cases, a ransomware attack also impacts individuals outside of an organization – customers and clients.

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.

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.

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.

For more than 30 years, the win-loss record for tribal interests at the United State Supreme Court was dismal. Between 2018 and 2022, however, tribal interests were on a remarkable winning streak. But what is the continuing outlook for tribal interests at the Supreme Court? This program will analyze the three cases decided by the Supreme Court in June 2022 and consider what they might portend for the future. The program will benefit tribal attorneys, practitioners of federal Indian law, and other attorneys who wish to learn more about federal Indian law.

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.

In a legal system where not everybody speaks English, court interpreters are crucial to overcome language barriers. This one-hour presentation is designed to provide attorneys with valuable information that will benefit their work with court interpreters during legal proceedings.

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.

The Americans with Disabilities Act (ADA) is intended to “prohibit discrimination and guarantee that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life -- to enjoy employment opportunities, to purchase goods and services, and to participate in State and local government programs and services.” For the past 10 years the DOJ has remained mostly silent on the issue of website accessibility, which silence has led to an onslaught of private litigation. However, in March of 2022, the DOJ publicly released its "Guidance on Web Accessibility and the ADA" purportedly establishing "how state and local governments and businesses open to the public can make sure that their websites are accessible to people with disabilities as required by the Americans with Disabilities Act (ADA).” This course will explore:
The history of the DOJ's position and enforcement actions related to Web Accessibility What clarification, if any, did the recent DOJ's Guidance on Web Accessibility and ADA provide to demonstrate how local governments and businesses can make their websites accessible?
Update on the recent trend of DOJ Web Accessibility enforcement actions and key takeaways from the settlement terms and conditions

Welcome to Unfair, Deceptive, or Abusive Acts or Practices (UDAAP). UDAAP is arguably the most important regulation in the mortgage industry. UDAAP impacts every other lending regulation (marketing, fair lending, licensing & communication) and it impacts every part of the lending cycle (advertising thru servicing closed loans.) What makes this regulation so difficult for mortgage lenders is that it is very subjective (“reasonable consumer” point of view) and is very difficult to defend against. So this is why it is critical for lending/real estate lawyers to understand how this regulation operates in practice.