Reducing E-Discovery Costs and Risks Through Litigation Readiness

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The Federal Rules of Civil Procedure (FRCP) require that companies must be prepared to discuss the location and accessibility of potentially relevant electronically stored information (ESI) shortly after the litigation begins.  The federal (and many state) discovery rules and recent case law require the quick and effective imposition of a litigation hold on critical ESI before the lawsuit even begins.[1]  This presents numerous challenges for large companies that are generating voluminous amounts of electronic documents and emails.  Litigation has also become increasingly expensive and is only increasing in the areas of intellectual property, products liability, employment, securities and mergers & acquisitions.

  • How can you mitigate and reduce eDiscovery risks?
  • What is the best way to manage and reduce eDiscovery costs?
  • How do you leverage existing and implement new technologies to achieve discovery objectives?

In this CLE course DTI Associate General Counsel Jeff Jacobs will answer the questions above and provides points on how to reduce discovery costs and risks through litigation readiness.  The main topics addressed by Mr. Jacobs include case law & rule evolution, proactively addressing the eDiscovery challenge, records retention & policy review, eDiscovery process development, litigation holds and risk & cost mitigation.  To access the course please click here: Reducing E-Discovery Costs and Risks Through Litigation Readiness.

Additional topics addressed include:

  • Why eDiscovery matters
  • Discovery sanctions
  • Judicial intolerance for poor eDiscovery
  • Critical sanction cases
  • The EDRM (Electronic Discovery Reference Model)
  • Finding the relevant information
  • ESI assessment
  • Saving costs through effective retention & disposition
  • What judges want related to eDiscovery
  • The development of an effective litigation discovery response plan
  • The creation of a targeted data map

Jeff Jacobs is the General Counsel and Senior Consultant for DTI. For the past five years he has advised clients on litigation readiness, email & records retention and the planning & execution of electronic discovery matters.  Prior to joining DTI, Jeff spent seven years as an Associate Litigation Counsel at MCI/WorldCom, where he managed the electronic discovery associated with the government investigations of the WorldCom accounting fraud, related securities class actions and other litigation and the acquisition of MCI by Verizon.  He also served as counsel to the company’s Records and Information Management group and managed the subpoena compliance unit.  Before MCI, he was a Special Counsel in the litigation group of Sullivan & Cromwell’s Washington, DC office.  Jeff is a graduate of Williams College and the University of Chicago Law School and was in the first class of candidates to qualify as a certified electronic discovery specialist by the Association of Electronic Discovery Specialists (ACEDS).

This CLE course on reducing eDiscovery costs and risks through litigation readiness is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in New York and around the country.  For more information about CLE in New York please click the following link: NY CLE.

[1] Litigation holds must be imposed once a triggering event occurs and litigation is reasonably foreseeable.

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Colorado CLE: How do I report credits earned?

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Attorneys that are licensed to practice law in Colorado have mandatory continuing legal education (CLE) obligations.  Colorado attorneys must complete a minimum of 45 credit hours of approved CO CLE every 3 years in order to fulfill the CO CLE requirement.  Of the 45 required CO CLE credit hours, a minimum of 7 credit hours must be completed in the area of legal ethics.  In order to keep your license to practice law in Colorado in good standing you must complete your CO CLE requirement by December 31 and report your Colorado CLE compliance by January 31.

Colorado CLE Compliance & Reporting Requirements

  • Reporting Cycle: 3 years
  • Compliance Deadline: December 31
  • Reporting Deadline: January 31

For CLE programs held outside of Colorado, you must submit a photocopy of your Colorado Affidavit form to the Colorado MCLE Board to receive credit for the CO CLE course.  The CO CLE Board sends an affidavit to each registered Colorado attorney and judge for the reporting of compliance with the Colorado MCLE rules.  Since Attorney Credit’s online and offline CO CLE courses are held outside of Colorado you will need to submit a photocopy of your Colorado Affidavit form to the Colorado MCLE Board.

The Colorado CLE Board sends an affidavit to each registered Colorado attorney and judge for the reporting of compliance with the Colorado MCLE rules.

Attorney Credits is an Approved Sponsor of CLE in Colorado.  Our Colorado CLE courses have all been approved for CLE credit by the Colorado CLE Board for homestudy credit because our CO CLE courses meet the requirements set forth in Colorado MCLE Rule 103(j).  For more information about Colorado CLE, please click the following link: CO CLE.

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The Neuroscience of Addiction: Attorney as Patient

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Historically, addiction has been attributed to a lack of self-control or will power.  However, science has proven that this is not the case.  Many individuals, with the self-control and will power to complete law school, run a successful company or become a professional athlete succumb to the ills of addiction.  And lawyers are no strangers to addiction – substance abuse and addiction rates inside the legal profession are twice as high as the general population.  The legal profession is full of conflict and is very stressful and lawyers learn to develop a tough exterior and repress weakness to deal with this conflict and stress.

“Giving up smoking is easy. I’ve done it hundreds of times.”

In this highly informative course on the neuroscience of substance abuse and addiction Dr. Lavid defines addiction, discusses the link between genetics, addiction & the brain, and addresses treatment options with a focus on the attorney.  To access the course please click here: The Neuroscience of Addiction: Attorney as Patient.  The course qualifies for substance abuse or legal ethics credit in many states.

Dr. Lavid also touches on a number of additional topics including:

  • The DSM-5 definition of addiction
  • The clinical course of addiction
  • Genetic vulnerability
  • The inherent addiction of substance abuse
  • Alcohol
  • Cocaine
  • Heroin
  • Brain function in addiction
  • The nucleas accumbens
  • Medical treatment
  • Medicines that target addiction including bupropion & naltrexone
  • Why attorneys are especially at risk
  • Lawyers & stress
  • Medical evaluation
  • Intervention
  • Treatment
  • The Lawyer Assistance Program (LAP)
  • The Other Bar
  • The Alternative Discipline Program (ADP)
  • Statistics on the LAP

Dr. Nathan E. Lavid practices clinical and forensic psychiatry in Long Beach, California, where he operates his own private practice.  Dr. Lavid’s practice is dedicated to providing care for patients and forensic clients that incorporate the latest findings from neuroscience research.  Dr. Lavid is also accepted as an expert by numerous state and federal courts around the country. He engages a variety of civil, criminal, family and probate law matters including addiction, child and adolescent/custody, competency to stand trial and for decision-making, civil commitment, diminished intent, fitness for duty, harassment, immigration, insanity, placement, psychiatric and psychological autopsy, psychiatric disability/damages, psychiatric evaluation for treatment, psychopharmacology, and restoration of competency & sanity.

This CLE course on the neuroscience of addiction is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in New Jersey and around the country.  For more information about CLE in New Jersey please click the following link: NJ CLE.

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The Payment Process on a Construction Project

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In this new CLE course Florida construction law attorney Charles Jimerson provides an overview of the payment process on a construction project.  The main topics discussed by Mr. Jimerson include the flow of money in a construction project, the payment process, conditions precedent to payment for contractors & subcontractors, “pay-when-paid” clauses and how retainage clauses are utilized in a construction project.

“There must be a ‘cash-flow’ in the building trade. It is the very lifeblood of the enterprise.” – Lord Denning

Mr. Jimerson also addresses a number of questions including the main risks for owners, general contractors and sub contractors, what happens if items are left out of the application for payment, fraud in the application for payment and the issuance of the certification of payment.  To access this course please click the following link: The Payment Process on a Construction Project.

Further topics that Mr. Jimerson addresses include:

  • The document flow in a construction project
  • Key documents
  • Subcontractor “cash flow”
  • Applications for payment
  • AIA form G702
  • The architect’s certification for payment
  • The final affidavit
  • Contractor/subcontractor releases
  • Common contract clauses
  • Lien law
  • Time of payment
  • How retainage provisions work within agreements

Charles B. Jimerson founded Jimerson & Cobb and continues to lead its preeminent business litigation practice. Mr. Jimerson represents various corporations, entrepreneurs, financial institutions, and small and mid-size businesses in business litigation matters ranging from commercial collections, contract disputes and business torts to real estate, construction, bankruptcy and foreclosure proceedings. Focusing his practice on commercial litigation, bankruptcy law, creditor’s rights and collections and construction law, Mr. Jimerson has experience in all stages of litigation, including alternative dispute resolution, negotiation of settlement and litigation of multifaceted commercial matters up through and including trial. Prior to founding the firm, Mr. Jimerson practiced at prominent Jacksonville based commercial litigation and construction litigation boutiques.

This CLE course on the payment process on a construction project is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in California and around the country.   For more information about CLE in California please click the following link: CA MCLE.

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New CLE Course on Collections Law

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The recent economic downturn has had numerous effects on individuals and business across the country, including increased bankruptcy claims and home foreclosures.  Given the loss of jobs and burgeoning debt, many individuals have also found themselves unable to pay credit card bills, student loans and other financial obligations and debts.  For attorneys, this has placed an increased importance on being able to locate assets and then being able to (legally) collect on debts owed.

“The judgment is not worth the paper it is printed on.”

If you need to brush up on the law regarding collections, then join Florida attorney Charles B. Jimerson as he provides numerous practice points on how to best (and legally) collect debts owed.  This CLE course focuses on four main areas: locating assets both pre-suit & post judgment, tested methods that work for collecting the judgment, essential bankruptcy issues impacting collections law and ensuring compliance with the Fair Debt Collections Protection Act (FDCPA).  To access the course please click here: Collections Law.

Further topics addressed by Mr. Jimerson include:

  • Information used to locate assets
  • Locating records
  • Using websites & social media to find information about assets
  • Third party subpoenas
  • Using depositions in aid of executions
  • Bank & wage garnishment
  • Property execution
  • Exemptions
  • Settlement
  • Common bankruptcy terms
  • Filing bankruptcy claims
  • The purpose of the FDCPA
  • Parties covered by the FDCPA
  • Prohibited & required conduct under the FDCPA
  • Enforcement of the FDCPA

Charles B. Jimerson founded Jimerson & Cobb and continues to lead the business litigation practice.  Mr. Jimerson represents corporations, entrepreneurs, financial institutions, and small & mid-size businesses in business litigation matters ranging from commercial collections, contract disputes and business torts to real estate, bankruptcy, construction and foreclosure proceedings. Focusing his practice on bankruptcy law, commercial litigation, creditor’s rights and collections & construction law, Mr. Jimerson has experience in all stages of litigation – including alternative dispute resolution, negotiation of settlement and litigation of multifaceted commercial matters up through and including trial.

This CLE course on collections law is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in Illinois and around the country.  For more information about CLE in Illinois please click the following link: IL CLE.

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New CLE Course: Construction Contracts

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What you don’t know can hurt you – especially when it comes to construction contracts.  When you are representing clients involved in construction projects – whether it’s the owner, general contractor or subcontractor – it is extremely important to know the fundamental provisions that must be included in the construction contract and the practical effects that these provisions will have on your client’s liability due to their involvement in the project.

Many different documents are often incorporated into contracts and create large potential for conflict.

This new CLE course presented by Florida construction law attorney Charles Jimerson will provide you with the insight and practical considerations you need to address and overcome some of the more common issues encountered on when embarking on construction projects.  Mr. Jimerson mainly discusses AIA forms of documents, project delivery methods such as design-bid-build & design-build, fundamental contract provisions and how these provisions impact the construction project and liability.  To access this new CLE courses please click here: Construction Contracts.

The contract provisions addressed in the course include:

  • The scope of work
  • Interpretation of contract documents/order of precedence
  • Flow down provisions
  • Payment
  • Change orders
  • Liquidated damages
  • Damages for delay
  • Indemnification
  • Additionally named insureds
  • Notice
  • Termination
  • Dispute resolution
  • Attorneys’ fees provisions

Charles B. Jimerson founded Jimerson & Cobb and continues to lead its preeminent business litigation practice. Mr. Jimerson represents various corporations, entrepreneurs, financial institutions, and small and mid-size businesses in business litigation matters ranging from commercial collections, contract disputes and business torts to real estate, construction, bankruptcy and foreclosure proceedings. Focusing his practice on commercial litigation, bankruptcy law, creditor’s rights and collections and construction law, Mr. Jimerson has experience in all stages of litigation, including alternative dispute resolution, negotiation of settlement and litigation of multifaceted commercial matters up through and including trial.

This CLE course on construction contracts is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • New York (NY)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in New York and around the country.  For more information about CLE in New York please click the following link: NY CLE.

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Arizona CLE: CLE Reporting Affidavit Due September 15

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Attorneys licensed to practice law in the state of Arizona have CLE requirements as part of the mandatory Arizona MCLE requirement.  The CLE compliance period for Arizona attorneys runs from July 1 to the following June 30.  During the Arizona CLE compliance period, each Arizona lawyer licensed in Arizona (that is not exempted from the AZ CLE requirement) must complete a total of 15 credit hours of AZ CLE, including at least 3 credit hours of professional responsibility or legal ethics.

Arizona CLE Compliance & Reporting Requirements

  • Reporting Cycle: Annual
  • Compliance Deadline: June 30
  • Reporting Deadline: September 15

Arizona attorneys must also report completion of their AZ MCLE requirement each year.  Arizona lawyers must submit proof of fulfilling their AZ MCLE requirements annually on the form provided by the State Bar of Arizona.  The online electronic affidavit is available on the State Bar of Arizona website starting in mid-July.  Arizona attorneys may also use the blank affidavit in the Arizona Attorney magazine issued in mid-August to report AZ CLE compliance.

When is the affidavit due?

  • Unless exempted, the Arizona CLE affidavit must be filed by September 15

One last main point.  Please keep in mind that the State Bar of Arizona does not certify CLE courses or CLE Providers.  However, Attorney Credits is a national provider of CLE and currently offers CLE courses in over 30 states.  We are Approved Providers of CLE in a number of main states including California, Illinois and New York.  Arizona attorneys have also completed thousands of CLE credit hours through Attorney Credits by completing our interactive online and offline CLE courses.  For more information about CLE in Arizona please click here: AZ CLE.

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New Jersey CLE Compliance Groups

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Active New Jersey attorneys must complete a minimum of 24 credit hours of continuing legal education (CLE) every two year NJ CLE compliance period.[1]  Of the required 24 NJ CLE credit hours, at minimum of four (4) credit hours must be completed in the area of ethics and/or professionalism.

New Jersey CLE Compliance & Reporting Requirements

  • Reporting Cycle: 2 years
  • Compliance Deadline: December 31
  • Reporting Deadline: December 31

Every active NJ attorney is permanently assigned to one of two compliance groups for New Jersey CLE compliance and reporting purposes.  One compliance group reports each year.  A New Jersey attorney whose birthday falls between January 1 – June 30 is in Compliance Group 1 and must report New Jersey CLE compliance in EVEN numbered years.  An attorney whose birthday falls between July 1 – December 31 is in Compliance Group 2 and must report NJ CLE compliance in ODD numbered years in the annual attorney registration and billing process.

NJ Compliance Group 1

  • Attorneys with birthdays between January 1 – June 30

NJ Compliance Group 2

  • Attorneys with birthdays between July 1 – December 31

Attorneys licensed in New Jersey may take 12 of the 24 required NJ CLE credit hours through online CLE courses.  Some New Jersey attorneys, however, may qualify for either a medical or non-resident exception and may be able to take all 24 NJ CLE through online on-demand CLE courses.[2]  For more information about the New Jersey CLE requirement, reporting and compliance please click the following link: New Jersey CLE.

[1] The NJ CLE program is mandatory for all New Jersey attorneys, judges, in-house corporate counsel, and government attorneys, regardless of whether the attorney is actually practicing within the state of New Jersey.

[2] If a medical condition prohibits you from attending a live CLE event, you could possibly qualify to take all required 24 NJ CLE units online.   Some attorneys licensed in New Jersey that live outside of the Garden State may also be able to apply for a non-resident exception which allows all NJ CLE courses to be completed though online courses.

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Florida CLE: Will I receive notice from The Florida Bar advising me that my reporting period is upcoming?

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The Supreme Court of Florida adopted the Florida CLER in 1988.[1]  Every three-year FL CLE compliance period attorneys that are members of The Florida Bar must complete 30 total FL CLE credit hours.  As part of the 30 credit hour FL CLE requirement, Florida attorneys must also complete 5 credit hours in the area of legal ethics.[2]

  • Florida CLE Compliance & Reporting Requirements
  • Reporting Cycle: 3 years
  • Compliance Deadline: Varies
  • Reporting Deadline: Varies

Each member of The Florida Bar is assigned a 3-year reporting cycle that is chosen randomly by a computer program.  Three months prior to the CLE due date, The Florida Bar will send the attorney a notice regarding FL CLE that has been completed.  If the FL CLE requirement has been satisfied at that time, the attorney will receive a Notice of Compliance from the Florida Bar.  If this notice is accurate, then no other steps need to be taken by the attorney.

Three months prior to the CLE due date, The Florida Bar sends notice regarding CLE completed.

If the FL CLE requirement has not been satisfied, the attorney will receive a Reporting Affidavit instead.  This Reporting Affidavit must be returned by the reporting date with an explanation of how the FL CLE deficit was cured.  For more information about Florida CLE and the CLER in Florida please click this link: Florida CLE.

[1] The Florida CLER stands for Continuing Legal Education Requirement. The Florida CLER requires all members of The Florida Bar to continue their legal education by completing Florida CLE courses.

[2]  Courses on professionalism, substance abuse, or mental illness awareness will be considered towards legal ethics credit.

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Texas CLE: What happens if I don’t complete my CLE on time?

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Attorneys licensed to practice law by the State Bar of Texas must complete at least 15 Texas CLE credit hours each annual TX MCLE compliance period to complete the Mandatory Continuing Legal Education requirement.  Like every other state in the country that has mandatory CLE requirements, Texas attorneys must also complete legal ethics courses as part of the CLE requirement.[1]

Texas MCLE Compliance & Reporting Requirements

  • Reporting Cycle: Annual
  • Compliance Deadline: Last day of month preceding birth month
  • Reporting Deadline: First day of attorney’s birth month

The Texas CLE compliance year is a one-year period that begins on the first day of the month that you were born.  The compliance period ends one year later on the last day of the month that precedes your birth month.  Texas attorneys also have a grace period to complete and report TX CLE compliance that runs until the end of your birth month.

If you fail to timely report your Texas CLE credit hours it could result in a non-compliance penalty of $100, $200, or $300.

Attorney Credits will report the completion of your TX CLE courses to the State Bar of Texas once a week.  However, Texas is still a self-reporting state.  Since Texas is a self-reporting state it is your responsibility to make sure your mandatory TX MCLE hours are accurately and timely reported.  Failure to timely complete and report your Texas CLE credit hours could result in a non-compliance penalty of $100, $200, or $300.  Please click this link to access more information about CLE in Texas: Texas CLE.

[1] Texas attorneys must complete 3 credit hours of Legal Ethics or Professional Responsibility every year.

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