• 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. 
  • 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
    1. The early warning signs of impairment, with special emphasis on stress and burnout. 
    2. Symptoms of stress and burnout that are particularly prevalent among members of the legal profession;
    3. 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.
    4. The transition from distress to burnout and how we can recognize and identify the sources of stress in our lives before burnout develops.
    5. Guidelines for a “master plan”, including realistic prevention strategies that work.
    6. Why lawyers and judges are at especially high risk to develop mental health and substance use disorders.
    7. The free services that Lawyers Assistance Programs provide to lawyers, judges, their family members and law students. 
    8. The barriers that prevent lawyers and judges from seeking the help they need.
    9. The role that education plays in breaking the stigma and fear associated with alcoholism, substance use disorders and mental illness in the legal profession.
  • 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
    Narrative
    • Syntax
    • Verbs
    • Nouns
    • Basis
    • Kickers
    • Block Billing
    Adding Value
    • Value Triangle
    • When to be ambiguous
    • When to be specific
    • Brevity is the soul of wit
    Efficiencies
    • Pareto Principle (80/20 Rule)
    • Rules of Thumb
    • Time Management
    • Client Billing Guidelines
    • Tips
  • Texas Bundle: 15 Credits with 3.0 Ethics

    All Courses Approved by the State Bar of Texas Minimum Continuing Legal Education. 

    Esquire CLE’s Provider# 14104

  • Technology & Bias Spreading It And Stopping It The provided materials cover a wide range of topics related to bias and strategies for addressing it. The first piece delves into the definition of bias as an unfair treatment or policy based on prejudice, and its implications in the realms of employment and public services. Another item explores Elimination of Bias Requirement, which encourages lawyers to confront and overcome their own biases in order to combat systemic discrimination. A third piece distinguishes between conscious and unconscious biases, highlighting the prevalence and potential negative impact of the latter. The fourth material focuses on the role of artificial intelligence in either perpetuating or mitigating bias in a variety of domains, including language, hiring, and evaluation. Finally, an additional resource emphasizes the potential for bias to arise when technology is not utilized, particularly in the context of age discrimination. AGENDA: 67 Minutes 5-15 minutes: Overview of the provided materials on bias and combating it 10-25 minutes: The first section, which defines bias as an unfair act or policy stemming from prejudice, which can manifest in employment and public services 25-40 minutes: The second section, which discusses the goal of Elimination of Bias Requirement and aims to get lawyers to recognize and fight against their own internalized biases that may contribute towards systemic discrimination 40-50 minutes: The next section, which distinguishes between conscious and unconscious biases, with the latter being more prevalent and often incompatible with one's conscious values 50-60 minutes: The fourth section, which covers the role of artificial intelligence in perpetuating or preventing bias in various domains, such as language, recruitment, and assessment 60-67 minutes: The fifth section, which highlights the bias that can occur from not using technology, particularly in the case of age discrimination.
  • Talc Litigation: Cross-examination of a Lung Cancer Plaintiff
  • Talc Litigation: A Primer In this timely and compelling CLE program, attorney, Roy Viola, presents "Talc Litigation: A Primer". Mr. Viola starts with an overview of what talc is and how it's mined.  The program continues with a discussion of litigation issues including contamination and asbestos. Mr. Viola proceeds to explain diseases caused by talc and the current state of litigation. The program concludes with attorney Viola presenting recent verdicts and litigation trends. This program is a must for any attorney. Agenda:
    • Talc Overview
    • Contamination Issues
    • Asbestos Litigation
    • Talc Claims and Diseases
    • State and future of litigation
     
  • Taking Off the Gloves: What to Expect in U.S. Tax Court
  • 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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