- Philosophy of Business Law Corollaries
- Business Models 101
- Introduction to popular business models
- Determining liability from a business model
- Business intake
- The importance of scalability
- Presenting risk
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Philosophy of a Business Legal Counselor In this timely, and compelling CLE program attorney, Todd Kulkin, presents “Philosophy of a Business Legal Counselor”. The program begins with an overview of business law philosophy and an explanation of various business models. The program continues with an introduction to the popular and effective business models. Mr. Kulkin then provides a discussion of how to determine liability and business intake. The program concludes with the importance of scalability and presenting risk. This program is for any attorney involved in business or has clients who are involved in business. Agenda
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Introduction to Non-Profit Law In this timely, and compelling CLE program attorney, Todd Kulkin, presents “Introduction to Non-Profit”. The program begins with an overview of non-profit basics and the philosophy of non-profit practice. The program continues with an introduction to the tools of the trade and how to mitigate risks. Mr. Kulkin then provides a discussion on private inurement. The program concludes with an explanation of non-profits for business, religion, and politics.This program is for any attorney involved in non-profit law or has clients who are involved in a non-profit business. Agenda
- Non-Profit Basics
- Philosophy of Non-Profit Practice
- Tools of the Trade
- Non-Profits: Mitigating Risk
- Private Inurement
- Non-Profits and Business
- Non-Profits and Religion
- Non-Profits and Politics
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Tennessee 15 Credit Bundle with 3 Ethics Courses Include: Order in the Court: Ethical Interaction With Judges (1.08 Ethics Credits) Effective and Ethical Use of Experts (1.13 Ethics Credits) Unauthorized Practice of Law: Ethical Dilemmas and the Rule of Law (1.15 Ethics Credits) Opening Statement As a Story - 101 (1.07 Credits) Opening Statements As a Story - 102 (1.67 Credits) NCAA & Name, Image, Likeness – Updates & Anarchy in America! (1.28 Credits) The Healthcare Quality Improvement Act: How to Achieve Immunity in Your Peer Review Process (1.02 Credits) Information Law Firms Collect and Store – What to do in the Event of a Cyber Breach? (1.3 Credits) Anatomy of a Civil Tax Controversy (1.52 Credits) The Anti-Kickback Statute (1.02 Credits) The Fifth Amendment’s Essential Role in Offshore Audits (1.5 Credits) The Basics of How to Obtain a Patent (2 Credits)
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Information Technology for Lawyers In this timely, and compelling program, attorney Russell Jackman presents “Information Technology for Lawyers”. Mr. Jackman begins the program explaining how and why to update a law office computer system and uses windows as an example. The program continues with an overview of backups, cloud services, and firewalls. Mr. Jackman then discusses security tips and case management systems. Attorney Jackman concludes the program going over recent IT trends and fads. This program is for any attorney who has a computer. AGENDA:
- Upgrading Office System
- Windows
- Backups
- Cloud Services
- Antivirus/Firewalls
- Security Tips
- Case Management Systems
- Trends and Fads
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Criminal Mitigation: Pre-Plea and Pre-Sentencing Strategies
Course Description
In this timely and compelling CLE course, attorney and forensic psychologist Mark Silver, presents “Criminal Mitigation: Pre-Plea and Pre-Sentencing Strategies”. Mr. Silver starts the program with an overview of various humanizing processes that a criminal law attorney can utilize to better advocate for their client. Mr. Silver then discusses how the use of psychological analysis can have a more positive impact on a client and increase their chances of success. This program is a must for any attorney. Learning Objectives/Agenda:- Summarize the definition and applicability of mitigation to a defendant's case
- Identify the multi-purpose uses of mitigation in the course of defense
- Examine how criminal mitigation can best assist one's client
- Describe which clients most benefit from criminal mitigation and why
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Borderline Personality Disorder: Pre-Plea and Pre-Sentence Criminal Mitigation Strategies
Course Description
In this timely and compelling CLE program, attorney and forensic expert Mark Silver presents “Border Personality Disorder: Pre-Plea and Pre-Sentencing Criminal Mitigation Strategies”. Borderline Personality Disorder is among the most important mental health issues for lawyers. As many as 6% of the population carry the diagnosis of Borderline Personality Disorder. It’s important for the criminal defense lawyer to be able to recognize borderline personality disorder in clients and know when to refer the case for an evaluation and how to use aspects of this disorder for mitigation purposes. This program is a must for any attorney. Learning Objectives/Agenda:- Recognize the criteria of Borderline Personality Disorder as among the most important mental health diagnoses with criminal defendants
- Identify the challenges and obstacles of defending such clients
- Examine how the criteria of this disorder can serve as a direct defense and/or mitigating factors in the advocacy process
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Impaired Lawyers: A Call for Action - Description During this timely, and compelling CLE program Attorney, Brian Quinn, presents “Impaired Lawyers: A Call for Actions”. Mr. Quinn begins the program with an overview of statistics and warning signs of substance abuse. The program continues with an explanation on why lawyers are impacted and the barriers lawyers confront in seeking help. Attorney Quinn also discusses the stigma with seeking help, dealing with denial, and issues with enabling. The program concludes with how attorneys can seek help. This program is a must for any attorney. Agenda
- Statistics Overview
- Warning Signs at Law Firms
- Why Lawyers?
- Barriers to Seeking Help
- Stigma
- Dealing Denial
- Enabling
- Seeking Help
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Cyber Security for Lawyers and Law Firms In this timely and compelling CLE program, attorney, Russell Jackman presents: “Cyber Security for Lawyers and Law Firms.” Mr. Jackman introduces the program going over major concerns with cyber security and explains what malware and cyber attacks are. The program continues with a discussion of who the attackers are and how they attack a law firm or lawyer's computer. The program gives an in-depth explanation of how to protect yourself and your computer. This program is for any attorney with a computer. AGENDA
- Concerns with Cyber Security
- Malware and Cyber Attacks
- Who is attacking
- Ransomware
- Hijackers and Adware
- Virus, bugs, and worms
- Anti-Virus Software
- Firewalls
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Coronavirus and Your Mental Health In this timely and compelling CLE program, Attorney, Brian Quinn presents, “Coronavirus and Your Mental Health: A Lawyer’s Guide to Coping with Isolation, Anxiety, and Fear in Uncertain Times”. Mr. Quinn begins the program with a discussion on mental health statistics and symptoms of depression and stress factors. The program continues with an overview of dealing with solitude, anxiety, and fear. Mr. Quinn then explains ethically challenges and some warning signs. The program concludes with challenges of seeking help and how lawyers can seek help. This program is for all attorneys. Agenda
- Mental Health Statistics
- Symptoms of Depression
- Stress Impact and Factors
- How to Distress
- Solitude and Loneliness
- Dealing with Anxiety
- Dealing with Fear
- Ethically Challenges
- Warning Signs
- Challenges with Seeking Help
- How to Seek Help
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Introduction to Psychiatric Malpractice In this timely and compelling CLE program, attorney Gregory Radomisli presents, Introduction to Psychiatric Malpractice. The program begins with an introduction to psychiatric malpractice and the duty of care that is involved. Mr. Radomisli continues the program with a discussion on the types of the general cases involved. Mr. Radomisil then presents the principles of medical malpractice as applied to psychiatric care. The program concludes with an explanation of specific cases and the law involved. This program is for any attorney. Agenda:
- What is Psychiatric Malpractice
- Duty of Care
- Types of cases in general
- General Principles of Medical Malpractice as Applied to Psychiatric Care
- Specific Cases
- Voluntary and Involuntary Hospitalization
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Is that Worker an Employee? Questions and Answers on Worker Classification In this timely, and compelling, CLE program attorney Michael DeBlis presents: “Is that a Worker or an Employee? Questions and Answers on Worker Classification.” Misclassification of employees as independent contractors is now a common phrase uttered by state and federal legislators and regulators. State task forces have been formed to crack down on businesses that do not pay unemployment insurance and workers’ compensation premiums or withhold taxes for workers whom the state believes are employees and not independent contractors. This program is for any attorney. Agenda:
- Why does it matter how a company classifies its workers?
- What are the consequences of worker misclassification?
- In what ways are state and federal regulatory agencies focusing on independent contractor misclassification?
- If I misclassify my workers as independent contractors rather than employees, how will the government find out?
- Does the fact that most, if not every company, in a given industry treats its sales force as independent contractors immunize XYZ Corporation from a successful challenge mounted by the IRS?
- Is there a simple test for whether a worker is an independent contractor or employee?
- My workers all sign a contract and agree they are independent contractors. Won’t that help?
- To be safe, should I just treat all workers as employees even if they are independent contractors?
- I’ve heard that Section 530 will protect my business as long as it follows an industry standard. Is that true?
- What factors militate in favor of a worker being classified as an independent contractor?
- I received a letter from the State Department of Labor or from the IRS that appears to question my worker classification. What should I do or not do?
- Recommendations to Minimize or Avoid Future Misclassification Exposure for Companies That Use Independent Contractors to Supplement Their Workforce
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Pre-sentence Investigation (PSI) Critique: Mitigation as Counter Strategy in Child-Pornography Cases In this timely, and compelling, CLE program attorney Mark Silver presents “Pre-sentence Investigation (PSI) Critique: Mitigation as Counter Strategy in Child-Pornography Cases”. The program begins with an explanation of what PSI is. The program continues with a discussion on the importance of PSI and what is missing from these investigations. Mr. Silver then presents evaluation tools and mitigation challenges. This program is for any attorney. Agenda:
- What is Pre-Sentence Investigation (PSI)
- Why this PSI is important
- What is missing from the PSI
- Evaluation tools
- Mitigation Challenges
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North Carolina 12 Credit Bundle with Ethics, Tech, and Substance Abuse/Mental Health - All Courses Approved in North Carolina! Bundle Courses Include: Anatomy of a Civil Tax Controversy (1.5 Credits) Closing Arguments (1.75 Credits) Opening Statement As a Story - 101 (1 Credit) Opening Statements As a Story - 102 (1.5 Credits) Overview of the Freedom of Information Act (2 Credits) Information Law Firms Collect and Store – What to do in the Event of a Cyber Breach? (1.25 Technology Credits) Order in the Court: Ethical Interaction With Judges (1 Ethics Credit) Effective and Ethical Use of Experts (1 Ethics Credit) Help for the Helper: The Effects of Trauma and Compassion Fatigue on the Lawyer Who Cares (1 Substance Abuse/Mental Health Credit)
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Covid-19: Business and Asset Protection A coronavirus-induced recession is no longer avoidable—it is happening right now. Each recession brings with it declining sales, job losses, falling rents, and defaults on loans and leases. When a crisis hits, getting a head start matters and those who have prepared will fare better than those who have not. This engaging presentation on protecting assets from plaintiffs, lenders, creditors and the government will cover lessons learned from the financial crisis of 2008 that we can apply to 2020, what businesses can do now to transition into the recession, and how companies and individuals can protect their assets from litigation and creditor threats. The instructor will share real-life stories and anecdotes, and will present a very practical approach to protecting assets. The discussion will also cover asset protection planning in a troubled economy, focusing on protecting assets from lenders and landlords and how to plan after a lawsuit, a default or an accident. Agenda:
- Debt Collection
- Fraudulent Transfers
- Entity Planning
- Choice of Entity
- Planning with Trusts
- Foregin Trusts
- Retirement Plans
- Examples
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No One Makes It Out Unscathed: The Effects of Personal Trauma and Stress On Our Lives In this timely and compelling CLE program, Attorney, Brian Quinn presents, “No One Makes It Out Unscathed: The Effects of Personal Trauma and Stress On Our Lives”. Mr. Quinn begins the program with a discussion on statistics and symptoms of stress and trauma. The program continues with an overview of warning signs, and dealing with stress and trauma. Mr. Quinn then explains the effects of trauma and the vicarious trauma in the legal profession. The program concludes with challenges of enabling and denial and how lawyers can seek help. This program is for all attorneys. Agenda
- Statistics
- Warning Signs at the Firm
- What is Stress
- Distress
- Dealing with Stress
- Trauma
- Types and Effects of Trauma
- Vicarious Trauma in Legal Profession
- Enabling and Denial
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Intermediate Topics: TITLE IX In this timely and compelling program, attorney, Adria L. Silva presents, “Intermediate Topics: TITLE IX”. Attorney Silva begins the program with an overview of TITLE IX basics and who can be sued within the Statute of Limitations. The program continues with a discussion of TITLE IX v. TITLE VII. Attorney Silva then covers applicable case law and intermediate topics such as internal investigations, sexual harassment, and gender discrimination. The program concludes with an explanation of the Family Education Rights and Privacy Act. This program is for any attorney. Agenda:
- TITLE IX Basics
- Who Can Be Sued and SOL
- Conditions Precedent
- TITLE IX v. TITLE VII
- Internal Investigations
- Sexual Harassment
- Gender Discrimination
- Retaliation
- Family Education Rights and Privacy Act
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Ohio 24 Credit Bundle with 2.5 Ethics/Attorney Conduct - All Courses Approved in Ohio
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Washington State 45 Credit Bundle with Ethics and Equity/Inclusion - All Courses Approved in Washington Bundle Courses Include: Psychosocial Evaluations and Consultation in Civil Litigation: Strategies to Understand and Humanize the Client (1 Credit) Off the Clock: Professional Ethics On Personal Time (1 Ethics Credit) Benefiting from New Markets Tax Credits (1 Credit) The Federal False Claims Act: Enforcement and Recent Updates (1.25 Credit) Attorney’s Guide to Online Defamation & Website Removal (1 Credit) Complex Trauma in Criminal Mitigation Cases: How Abuse and Neglect Cause Abnormal Development (1.25 Credits) A Lawyer’s Guide to Ethics and Ethical Networking in a Virtual World (2 Ethics Credits) Talc Litigation: Cross-examination of a Lung Cancer Plaintiff (1.25 Credits) Gambling Addiction for Lawyers (1 Credit) The Art and Science of Hourly Billing (1 Credit) Intermediate Topics: Title IX (1.5 Credits) Business and Asset Protection (1.25 Credits) Pre-sentence Investigation (PSI) Critique: Mitigation as Counter Strategy in Child-Pornography Cases (1.25 Credits) Is That a Worker or an Employee? Questions & Answers on Worker Classification (1.25 Credits) Cyber Security for Lawyers and Law Firms (1.25 Credits) Borderline Personality Disorder: Pre-Plea & Pre-Sentencing Mitigation Strategies (1.25 Credits) Criminal Mitigation: Pre-Pleas & Pre-Sentencing Strategies (1 Credit) Information Technology for Lawyers (1.25 Credits) Philosophy of a Business Legal Counselor (1.25 Credits) Introduction to Non-Profit Law (1.25 Credits) Ethics Compliance for Solo Practitioners (1.25 Ethics Credits) A Lawyer's Guide to Raising Capital (1.25 Credits) Anti Money Laundering for Business Lawyers (1.25 Credits) Entity Formation 101 (1.25 Credits) Athlete Agency Law (1.25 Credits) Ethics in Business Law (1.25 Ethics Credits) Banking for the Non-Banking Attorney (1.5 Credits) Copyright for Artists (1.5 Credits)
NFL Contract Advisors – “So You Want To Be An Agent" (1.75 Credits)
Cultural Competence: Recognizing Implicit Bias (1 Ethics Credit) Leveling the Playing Field: The Elimination of Bias in the Legal Profession (1 Ethics Credit) Principles for a Successful Jury Trial (1 Credit) No One Makes It Out Unscathed: The Effects of Personal Trauma and Stress On Our Lives (1 Credit) Talc Litigation: A Primer (1.25 Credits) Overview of the Freedom of Information Act (2 Credits) Evidence 101 (1.5 Credits) Elimination of Bias in the Legal Profession: Both Personally and Professionally (1 Equity/Inclusion Credit) -
Oregon 45 Credit Bundle with Ethics, A/J, Child/Elder Abuse, & Mental Health - All Courses Approved in Oregon Bundle Courses Include:
Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) - (1.25 Credits)
Taking Off the Gloves: What to Expect in U.S. Tax Court (1.5 Credit) How the IRS Reconstructs Income in Tax Fraud Cases (1.5 Credit) Cross Examination Made Simple (1.5 Credit) Direct Examination: Making the Witness Look Good (1.25 Credits) Anatomy of a Civil Tax Controversy (1.5 Credits) Opening Statement As a Story 101 - (1 Credit) Opening Statements As a Story - 102 (1.5 Credits) Closing Arguments (1.75 Credits) Fair Debt Collection Practices Act - (1 Access to Justice Credit) Information Law Firms Collect and Store – What to do in the Event of a Cyber Breach? - (1.25 Credits) Story Telling in the Courtroom Part 1 - (1.5 Credits) Story Telling in the Courtroom Part 2 - (1.25 Credits) Story Telling in the Courtroom Part 3 - (1 Credit)Basics of How to Obtain a Patent (2 Credits)
The Fifth Amendment’s Essential Role in Offshore Audits (1.5 Credits) Digital Millennium Copyright Act (1 Credit) NCAA & Name, Image, Likeness – Updates & Anarchy in America! (1.25 Credits) Paying for Referrals: A Danger to the Payor and Recipient's Freedom (1.25 Credits) Dealing with the Disruptive Practitioner in a Legally Compliant Manner (1 Credit) Psychosocial Evaluations and Consultation in Civil Litigation: Strategies to Understand and Humanize the Client - (1.25 Credits) The Anti-Kickback Statute (1 Credit) The Healthcare Quality Improvement Act: How to Achieve Immunity in Your Peer Review Process (1 Credit) Physician Employment Agreements: Problem Areas that can be Landmines (1 Credit) NFL Contract Advisors – “So You Want To Be An Agent" (1.75 Credits) Order in the Court: Ethical Interaction With Judges (1 Ethics Credit) Effective and Ethical Use of Experts (1 Ethics Credit) Ethical Issues - Pro Bono Representation: Help the Profession Help Others (1 Ethics Credit) Online Civility and Professionalism for Attorneys (1 Ethics Credit) Unauthorized Practice of Law: Ethical Dilemmas and the Rule of Law (1 Ethics Credit) The Impact Of Internet and Sports Betting for Lawyers (1 Mental Health/Substance Abuse Credit) Elimination of Bias in the Legal Profession: Both Personally and Professionally (1 Access to Justice Credit) Technology & Bias Spreading It And Stopping It (1 Access to Justice Credit) Immigration Basics: Coming to America and Staying (1 Access to Justice Credit)Understanding Oregon's Legal Landscape for Child and Elder Abuse (1 Abuse Reporting Credit)
Evidence 101 (1.5 Credits) Evidence 102 - (1.25 Credits) Microsoft Office 365 For Attorneys (1 Credit) -
The Art and Science of Hourly Billing In this compelling and timely program, attorney, Colt Dodrill presents “The Art and Science of Attorney Billing.” The program begins with an explanation of why billing is important, the relevant ABA model rules, and fee agreements. Mr. Dodroll continues the program with a narrative explanation and adding value .The program also covers efficiencies and time management principles. The program concludes with client billing guidelines and tips. This program is for any attorney. AGENDA Introduction
- Why billing is Important
- ABA Model Rules
- Fee agreements
- Rejected time entries
- Elements of Time Entry
- Syntax
- Verbs
- Nouns
- Basis
- Kickers
- Block Billing
- Value Triangle
- When to be ambiguous
- When to be specific
- Brevity is the soul of wit
- Pareto Principle (80/20 Rule)
- Rules of Thumb
- Time Management
- Client Billing Guidelines
- Tips
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Indiana 36 Credit Bundle With 3 Ethics - All Courses Approved in Indiana Courses include: The Federal False Claims Act: Enforcement and Recent Updates (1 Credit) Attorney’s Guide to Online Defamation & Website Removal (1 Credit) NFL Contract Advisors – “So You Want To Be An Agent" (1.8 Credits) Evidence 101 (1.5 Credits) Evidence 102 (1.3 Credits) Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) (1.3 Credits) How the IRS Reconstructs Income in Tax Fraud Cases (1.5 Credits) Taking Off the Gloves: What to Expect in U.S. Tax Court (1.6 Credits) Cross Examination Made Simple (1.5 Credits) Direct Examination: Making the Witness Look Good (1.3 Credits) Dealing with the Disruptive Practitioner in a Legally Compliant Manner (1 Credit) The Anti-Kickback Statute (1 Credit) Anatomy of a Civil Tax Controversy (1.5 Credits) NCAA: Name, Image, and Likeness (1.3 Credits) Opening Statement as a Story 101 (1 Credit) The Healthcare Quality Improvement Act: How to Achieve Immunity in Your Peer Review Process (1 Credit) Physician Employment Agreements: Problem Areas that can be Landmines (1 Credit) Overview of the Freedom of Information Act (2 Credits) Closing Arguments (1.8 Credits) Opening Statements 102 (1.7 Credits) Technology and Bias: Spreading it and Stopping it (1.3 Credits) Unauthorized Practice of Law: Ethical Dilemmas and the Rule of Law (1.3 Ethics Credits) Help for the Helper: Compassion Fatigue on the Lawyer Who Cares (1.1 Ethics Credits) Elimination of Bias Personally and Professionally (1.3 Ethics Credits) Fair Debt Collections Practices Act (1 Credit) Information Law Firms Collect and Store - What to Do in the Event of a Cyber Breach (1.5 Credits) Microsoft Office 365 for Attorneys (1.3 Credits
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Nevada Silver State 13 Credit Bundle with Ethics and Substance Abuse - Esquire CLE is An Accredited Provider in Nevada Bundle Courses Include: Story Telling in the Courtroom Part 1 (1.5 Credits) Story Telling in the Courtroom Part 2 (1 Credit) Story Telling in the Courtroom Part 3 (1 Credit) Immigration Basics: Coming to America and Staying (1 Credit) Digital Millennium Copyright Act (1 Credit) Shackled to Our Screens: How Technology Has Imprisoned the Legal Profession (1 AAMH Credit) Ethical Issues - Pro Bono Representation: Help the Profession Help Others (1 Ethics Credit) Online Civility and Professionalism for Attorneys (1 Ethics Credit)
Basics of How to Obtain a Patent (2 Credit Hours)
The Fifth Amendment’s Essential Role in Offshore Audits (1.5 Credits) Information Law Firms Collect and Store – What to do in the Event of a Cyber Breach? (1 Credit) -
South Carolina 8 Credit Bundle with 2 Ethics and 1 Substance Abuse Credit All Courses Approved in South Carolina. Bundle Courses Include: NCAA & Name, Image, Likeness – Updates & Anarchy in America! (1.27 Credits) Opening Statement As a Story - 101 (1.07 Credits) Opening Statements As a Story - 102 (1.67 Credits) Closing Arguments (1.78 Credits) Order in the Court: Ethical Interaction With Judges (1.08 Ethics Credits) Effective and Ethical Use of Experts (1.08 Ethics Credits) The Impact Of Internet and Sports Betting for Lawyers (1.02 Substance Abuse Credits)
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Benefiting from New Markets Tax Credits In this timely and compelling CLE program, attorneys, Julia Fendler and Trey Parker present “New Market Tax Credits”. The New Markets Tax Credit (“NMTC”) Program is administered by the Community Development Financial Institutions Fund (the “CDFI Fund”) of the United States Department of the Treasury. The NMTC Program is a federal statutory program, created in 2000 and currently extended through 2025, that is designed to encourage capital investment in low-income communities that have had inadequate access to capital. It is codified in Section 45D of the Internal Revenue Code. This program is for any attorney. Agenda:
- Program Basics
- Major Players and Definitions
- Application and high level NMTC allocation facts
- What can NMTC proceeds be used for?
- Project Requirements
- Secondary criteria
- Typical Transactions
- What Other subsidies work with NMTCs?
- Conclusion
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How Marijuana Use Can impair an Attorney’s Ability to Perform Legal Services with Competence: The Mental, Physical, Addictive, and Impairing Side Effects Many attorneys have not heard how much stronger marijuana is today. In this timely presentation, Heidi will provide basic information about the new high potency products. By understanding the side effects these new products present, a lawyer can recognize the warning signs and reduce his/her risk for addiction, mental illness and impairment. Heidi Anderson - Swan’s brother was a homeless drug addict with schizophrenia who went to jail eighteen times. In this CLE, she will begin by sharing their personal stories. She will continue with up-to-date information about the risks of marijuana use every lawyer should know. Agenda -Heidi & Kirk: Occasional User and Chronic User of 1970’s Pot -Marijuana and Psychosis/Schizophrenia, Anxiety, Depression, Bipolar Disorder, Suicide -How Weed Has Changed Since the 1970’s -High Potency Products: What Are They? What Are Their Side Effects? -How to Detect Warning Signs -Potential for Impaired Driving
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Attorney’s Guide to Online Defamation & Website Removal This program, presented by internet defamation attorney and published author Paul Sternberg, will provide an overview of what constitutes online defamation. Mr. Sternberg will discuss in detail the complex web of laws governing defamatory statements including the First Amendment, the Communications Decency Act, the Digital Millennium Copyright Act, recent case law, and more. Other topics to be discussed include the difference between libel and slander and considerations for determining if and when to file suit for defamatory conduct. The mechanics of a defamation suit will then be explored in great detail, including a review of cease and desist letters, anti-SLAPP laws, discovery exceptions, and much more.
- The First Amendment and Protected Speech
- Determining the Defaming Party
- Understanding Liability Under the CDA and the DMCA
- Legal Strategies to Consider in Defamation Cases
- Building a Defamation Case or Defense and Removing a Website
- Libel vs. Slander
- Weighing the Decision to Sue
- Deploying a Cease and Desist Letter
- SLAPP and ANTI-SLAPP Laws
- The Streisand Effect
- Elements to Prove
- Statutes of Limitation
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Complex Trauma in Criminal Mitigation Cases: How Abuse and Neglect Cause Abnormal Development
Many criminal defendants have suffered complex trauma that must be explicated through presentence reports by mitigation experts. This seminar will focus on major approaches to conceptualize the harm that many of our clients have suffered in childhood and a developmental perspective focusing on the effects of abuse and neglect. The seminar will also consider how these matters are assessed in a psychosocial evaluation and major psychopathology that results from complex trauma.
Learning Objectives:
- Identify the ACE criteria in the context of complex trauma.
- Understand a developmental perspective of abuse and neglect in the context of complex trauma.
- Understand how psychosocial evaluations by mitigation experts consider complex trauma.
- Understand the major areas of psychopathology that result from complex trauma.
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Domestic violence as intimate terrorism: mitigation for criminal defense lawyers
Abuse of domestic partners in the form of physical, psychological, financial, sexual, and related forms of abuse tends to be systemic in nature causing complex trauma to the victim who suffers overwhelming psychological and emotional stress leading to various psychiatric issues forcing the victim to contend in unhealthy ways while experiencing deep feelings of helplessness, hopeless despair, and pain. This program will provide a detailed understanding of the victim’s experiences and challenges for the criminal defense lawyer in such cases.
Agenda
- To understand the types of abuses that victims suffer.
- To understand the concept of complex trauma and how it can be applied to victims of domestic abuse to understand their trauma for defense purposes.
- To understand the major psychiatric diagnoses associated with victims of domestic violence.
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The Burned Out Lawyer- Recognition and Prevention Strategies If there is one word we heard during our journey through the pandemic and continue to hear more than any other term as we navigate into the Post-COVID “new normal” world, it is “burnout.” But what is burnout? What does it look like and feel like? More importantly, what can we do to prevent the normal stress and “lawyer anxiety” so common in our profession from developing into the physically and emotionally draining state known as Burnout? Recent studies have shown that there has been a dramatic increase in impairment due to alcoholism, addiction and mental health disorders among members of the legal profession. The statistics are compelling and clearly indicate that 1 out of 3 attorneys will likely have a need for substance use or mental health services at some point in their careers. Agenda
- The early warning signs of impairment, with special emphasis on stress and burnout.
- Symptoms of stress and burnout that are particularly prevalent among members of the legal profession;
- Discussion will include the basic stress reactions, both physical and psychological; the difference between healthy stress and distress, with emphasis on the impact of the COVID-19 pandemic.
- The transition from distress to burnout and how we can recognize and identify the sources of stress in our lives before burnout develops.
- Guidelines for a “master plan”, including realistic prevention strategies that work.
- Why lawyers and judges are at especially high risk to develop mental health and substance use disorders.
- The free services that Lawyers Assistance Programs provide to lawyers, judges, their family members and law students.
- The barriers that prevent lawyers and judges from seeking the help they need.
- The role that education plays in breaking the stigma and fear associated with alcoholism, substance use disorders and mental illness in the legal profession.
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Gambling Addiction for Lawyers Recent studies have shown that there has been a dramatic increase in impairment due to alcoholism, drug addiction and mental health disorders among members of the legal profession. The statistics are compelling and clearly indicate that 1 out of 3 attorneys will likely have a need for substance use or mental health services at some point in their careers. What about that “other” addiction – Gambling ? In 2018, the United States Supreme Court, in Murphy vs. NCAA, held that sports gambling was legal in all of the United States. By 2020, 22 states had added on-line gambling accessible by cell phone, computer and tablets. With it came the compulsive gambler. This program will explore not only Gambling Disorder, but also the connection between gambling and the more well -known forms of impairment and why lawyers are at higher risk to develop problems. This problem has only been exacerbated by the stress, anxiety and isolation caused by the Coronavirus crisis. The results are startling. Agenda:
- The early warning signs of impairment and how they relate to gambling disorders. Special attention will be given to the connection between the Coronavirus and it’s impact on social isolation, stress, anxiety, depression and gambling disorders.
- The free services that Lawyers Assistance Programs provide to lawyers, judges, their family members and law students.
- A close look at what barriers exist that prevent lawyers and judges from seeking the help they need will be provided.
- The role that education plays in breaking the stigma and fear associated with addiction and mental illness in the legal profession.
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Staying Safe and Sound - Maintaining A Work/Life Balance in Uncertain Times We know that you are most likely being bombarded with messages about the Coronavirus, whether that be on television, social media, or in your community networks. At uncertain times like this, anxiety, stress, fear and negative thoughts can easily take control. You may be worried about being in crowds, your loved ones, your seniors, your office, your clients, your finances or how to manage whatever the future holds as we prepare to return to the “new normal” in our personal and professional lives. The question facing everyone in the legal profession is compelling and far-reaching: “Will I ever be able to maintain a work/life balance “? Recent studies have shown that there has been a dramatic increase in impairment due to alcoholism, addiction and mental health disorders among members of the legal profession. The statistics are compelling and clearly indicate that 1 out of 3 attorneys will likely have a need for substance use or mental health services at some point in their careers. Accordingly, unexpected events like those we are facing as a society will have an even greater impact on lawyers and those who work with them. Agenda:
- The prevalence rates of impairment in the legal profession due to substance use and mental health issues prior to COVID-19.
- Causes and symptoms of depression, stress and anxiety
- The impact of COVID-19 crisis on mental health issues and the role isolation plays
- Fear associated with the uncertainty surrounding the future of the legal industry
- Well- being strategies to reduce or alleviate these conditions
- Tips for maintaining a healthy and productive work/life balance
- Ethical dilemmas created by the Coronavirus crisis, including remote supervision of attorneys and staff, record and timekeeping, data security and confidentiality in the remote office setting.
- Why legal professionals are at higher risk to develop mental health and substance use disorders
- Challenges and barriers facing legal professionals from seeking help
- The free, confidential services provided by Lawyers Assistance Programs to lawyers, their family members, judges and law students
- The role that education plays in breaking the stigma and fear associated with addiction and mental illness in the legal profession
- Resources available to both lawyers and support staff with emphasis on COVID-19 issues
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A Lawyer’s Guide to Ethics and Ethical Networking in a Virtual World As an attorney, you are in the business of relationships. Whether you are in a big law firm that has to participate in “Beauty Contests” (RFPs) or a solo practitioner, whether you are a new attorney, a mid-level associate or managing partner, people do business with People “they know, like and trust.” The relationships you create will allow you to build the practice you want and networking is still the best way to create those relationships. You will specifically learn: How to define networking in new way Why networking is the best way to become a Rainmaker What skills you can learn networking that will benefit every area of your practice Where to network for the best results How to work a room Fun tips and tricks to use to break the ice How to network if you are an introvert An overview of how use social media for networking purposes The Rules of Professional Conduct you need to know to keep your networking ethical as well as interesting
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Talc Litigation: Cross-examination of a Lung Cancer Plaintiff
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Arizona Grand Canyon 15 Credit Bundle with Ethics Bundle Courses Include: Overview of the Freedom of Information Act (2 Credits) Fair Debt Collection Practices Act (1 Credit) Opening Statement As a Story (101) - (1 Credit) Opening Statements As a Story - 102 (1.5 Credits) Closing Arguments (1.75 Credits) Anatomy of a Civil Tax Controversy (1.5 Credits) NCAA & Name, Image, Likeness – Updates & Anarchy in America! (1.25 Credits) Paying for Referrals: A Danger to the Payor and Recipient's Freedom (1.25 Credits) The Anti-Kickback Statute (1 Credit) Effective and Ethical Use of Experts (1 Ethics Credit) The Impact Of Internet and Sports Betting for Lawyers (1 Ethics Credit) Unauthorized Practice of Law: Ethical Dilemmas and the Rule of Law (1 Ethics Credit) All Esquire CLE Arizona Bundle courses confirm with the State Bar of Arizona CLE requirements: http://www.azbar.org/cleandmcle/mcle/frequentlyaskedquestionsaboutmcleinarizona/
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The Federal False Claims Act: Enforcement and Recent Updates The session will provide an overview of the Federal Civil False Claims Act (FCA) and how it works. It will also provide an assessment of enforcement activities, showing how healthcare providers may be at risk. In addition, the session will review recent cases and show how they potentially impact healthcare providers. We will start with a review of the Federal False Claims Act and discuss how it works and how it is being used to fight health care fraud. We will discuss how the various health care fraud task forces use the Federal False Claims Act and its whistleblower provisions to identify and prosecute health care fraud. The webinar will take the Federal False Claims Act apart and show step by step how an action is filed, how the government responds and how the courts interpret various elements of the Act. We will discuss proof, damages under the Act and how the whistleblower is rewarded for bringing a successful case. The session will also provide an overview of the Anti-Kickback Statute (AKS) and review what it prohibits, as well as a general review the AKS available safe harbors. It will also show how violation of the AKS can raise FCA concerns, and it will provide an assessment of enforcement activities, showing how participants may be at risk. In addition, the session will review recent cases and show how they potentially impact participants. We will provide an in-depth review of the AKS, focusing on what is prohibited under the Act and what the exceptions are. We will also review the case law, particularly the early case law that sets the stage and basis for how the courts interpret the law. We will also review the changes made to both the False Claims Act and the Anti-Kickback Statute made by the Affordable Care Act. Finally, the webinar will review various cases to show how easy it is to run afoul of the Statute, and how the courts view compliance with it. In addition, we will discuss the latest updates to both the False Claims Act and the Anti-Kickback Statute.
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Connecticut 12 Credit Nutmeg Bundle with 2 Ethics Bundle Courses Include: Fair Debt Collection Practices Act (1 Credit) Opening Statement As a Story -101 (1 Credit) Opening Statements As a Story - 102 (1.5 Credits) Closing Arguments (2 Credits) Anatomy of a Civil Tax Controversy (1.5 Credits) Paying for Referrals: A Danger to the Payor and Recipient's Freedom (1 Credit) Unauthorized Practice of Law: Ethical Dilemmas and the Rule of Law (1 Ethics Credit) Physician Employment Agreements: Problem Areas that can be Landmines (1 Credit) Elimination of Bias in the Legal Profession: Both Personally and Professionally (1 Ethics Credit) The Fifth Amendment’s Essential Role in Offshore Audits (1.5 Credits)