CLE Course on Indian Gaming & Sovereignty

screen-capture

Since the 1970’s when various Native American tribes took unprecedented actions to initiate gaming enterprises on Indian lands, there have been a series of legal struggles between the federal, state and tribal governments. As Indian gaming has evolved over the years from bingo parlors to high stakes gaming it has also generated controversy on many different levels and disputes have arisen concerning tribal sovereignty, the effects of gaming and a loss of Native American culture. As a result, federal legislation such as the Indian Gaming Regulatory Act (IGRA) has been enacted so the federal government can oversee gaming operations and try to secure collaboration between the states and tribes.

There are currently 566 federally recognized tribes in the United States.[1] Of those 566 tribes, a little over half operate gaming establishments (a.k.a. casinos) and of those casinos, only a handful has found true prosperity in their respective gaming enterprises.

In this course attorney Michele Hannah discusses tribal sovereignty and the regulation of Indian gaming in the United States. Mrs. Hannah mainly addresses how the history of U.S.-tribal relations has set the stage for Indian gaming, why Indian tribes have the “right” to engage in gambling activities, how the federal government has balanced the interests of tribes, the role of federal & state government, the size & impact of Indian gaming and the benefits that Indian gaming provides. To access the course click here: Indian Gaming: Shared Sovereignty & Tribal Self-Government.

Further issues covered include:

  • The definition of a tribe
  • The definition of tribal sovereignty
  • The beginning of the U.S.-tribal relationship
  • The road to Indian gaming
  • Public law 280
  • Key case law
  • The three sovereigns involved
  • The Indian Gaming and Regulatory Act (IGRA)
  • Indian lands
  • The National Indian Gaming Commission (NIGC)
  • Class I, II & III gaming
  • Management contracts
  • Per capita distributions
  • Additional regulations
  • Constitutional challenges to Indian gaming

Michele Hannah serves as Deputy General Counsel for the Pechanga Band of Mission Indians. She has a joint degree in law and American Indian Studies from UCLA. Before joining Pechanga’s Office of General Counsel, Mrs. Hannah served as a staff attorney in the Escondido office of California Indian Legal Services for over 5 years. At CILA, her work focused on tribal representation in ICWA cases, estate planning and training under the American Indian Probate Reform Act, cultural resource protection, tribal court development, and gaming and economic development. Mrs. Hannah currently provides general representation to the Pechanga tribal government in all matters and serves as Chair of the Conference Planning Committee.

This CLE course on Indian gaming & tribal sovereignty 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 Hampshire (NH)
  • 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.

[1] As of January 29, 2014.[1]

Tagged , , , ,

screen-capture

You finally got your client their day in court and the jury has come back with a favorable result for your client. Both you and your client are ecstatic… but how do you collect on that judgment?

While the recent downturn in the economy has made it more difficult for parties to enforce judgments there are still steps you can take to collect the money that is owed to your client.

In this course presented by attorneys Jaime Sheen and Elizabeth Mattis you will learn about a number of available avenues for collecting on a judgment. The main topics addressed include judgment liens on real & personal property, enforcement via writ of execution, special enforcement procedures, property exempt from money judgments, third party claims, enforcement of sister state & foreign judgments and the impact of bankruptcy filing upon judgment.  To access the course click here: Wanted – Debtor Alive: How to Successfully Enforce a Judgment.

Further topics covered include:

  • Key points on judgments
  • The application for the writ of execution
  • Using the sheriff to enforce levies
  • Types of levies (bank, till tap & keeper)
  • The sale of real property
  • The debtor examination
  • Wage garnishment
  • Liens on litigation proceeds
  • Receivers
  • Charging orders
  • Creditor suits
  • Opposing exemptions
  • The homestead exemption
  • Full faith & credit
  • Automatic stays
  • The preference period
  • Notice of appearance & request for special notice
  • Utilizing bankruptcy specialists

Jaime Shean represents individuals and companies in all aspects of general business and commercial litigation, with a specialty in the representation of lenders in the areas of creditors’ rights and bankruptcy litigation. She has litigated in state, federal, and bankruptcy courts on behalf of lending institutions, non-bank lenders and Fortune 500 companies. A substantial portion of her practice also encompasses transactional work, in the documentation of commercial, asset-based and real estate loans and in connection with problem loan workouts. Elizabeth Mattis specializes in real property law, commercial law, secured and unsecured lending, and bankruptcy matters. Her experience includes real property financing transactions, personal property and asset based lending transactions, participated and syndicated transactions, and problem loan workouts. On the litigation side, Ms. Mattis represents individuals and companies in all aspects of general business and commercial litigation, with a specialty in the representation of lenders in the areas of creditors’ rights and bankruptcy litigation. She has litigated in state, federal, and bankruptcy courts on behalf of lending institutions and Fortune 500 companies.

This CLE course 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 CLE.

Tagged , , , , , , ,

CLE Course: Ethics of Cloud Computing

screen-capture-4

Welcome to the digital age! The use of cloud computing technologies offers lawyers and law firms alike distinct advantages in terms of cost savings, flexibility & mobility, ease of use and more efficient client service. However, because cloud computing places data – namely confidential client information – on remote servers outside of the lawyer’s direct control, it has given rise to some serious concerns regarding its acceptability under applicable ethics rules. For these reasons, attorneys must be cognizant of their ethical duties when selecting an appropriate vendor and deploying cloud technologies in their practice.

Your law firm would like to take advantage of new technologies like “The Cloud” … but is it safe? How can you be sure you are fulfilling your ethical duties to your client to protect their confidential information?

If you have questions about utilizing cloud technologies in your practice while still maintaining ethical standards of practice then join intellectual property attorney Robert Cogan as he describes what the Cloud is and how you can use this new technology without running afoul of the ethics rules. By taking this course you will reach a basic level of familiarity with what the Cloud is in the context of law practice, be able to identify the ethical obligations that must be met in use of the Cloud, learn the actions the attorney must take in exercising due care when selecting a vendor, recognize significant security vulnerabilities that are not a function of Cloud use and take steps to address these security vulnerabilities. To access the course please click here: Ethics of Cloud Computing.

Additional topics addressed include:

  • Pertinent terms
  • Rules of professional conduct
  • Services
  • SAS
  • Advantages of using the Cloud
  • State ethics opinions
  • ABA opinions & Model Rules
  • Client confidentiality
  • Competence
  • Questions to consider
  • Knowledge requirements for non-technical attorneys
  • Terms of service
  • Practical care
  • Non-technical considerations
  • Social engineering
  • Phishing
  • Trojan horses
  • General guidance

Robert P. Cogan is a business and intellectual property lawyer with over 35 years of experience in both corporate and private practice as well as experience in operating management. His previous experience includes fourteen years as chief patent counsel of a Fortune 200 Company, where he managed the development and enforcement of worldwide patent and trademark portfolios. He has negotiated multimillion dollar agreements, including software licenses, distributorships and joint research projects. Mr. Cogan also has extensive experience in contracting with government agencies including Department of Defense, NASA, and NIH, as well as state agencies.

This CLE course on elder 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 New York and around the country. For more information about CLE in New York please click the following link: NY CLE.

Tagged , , , , ,

CLE Course: Protecting Employer Information

screen-capture

It is estimated that over 70% of the value of an average business is held within its information systems. With this statistic in mind, it’s not surprising that information can now make the difference between success and failure for a business. For this reason, corporate espionage has become an enormous problem as we have progressed into the Digital Age.

Statistics drawn from various industry sources show that losses due to trade secret thefts are estimated at more than $150 billion a year.

Despite the significant risks that corporate espionage poses, few companies spend the money that is needed to secure and protect their trade secrets from disgruntled employees, and to train their employees to safeguard invaluable company trade secrets. In that regard, companies must pinpoint the specific physical, information technology and other security protocols they can take to safeguard their trade secrets from thieves. And the day is past when trade secrets can be adequately protected simply by requiring employees to execute confidentiality agreements, non-solicitation agreements and covenants not to compete.

Trade secrets and confidential information can be accessed from:

  • File Cabinets
  • Rolodexes
  • Personnel Files
  • Computer Workstations
  • Internet
  • E-Mail
  • Off-Site Login
  • High-Tech Surveillance Equipment
  • Cell Phones/PDAs
  • Fax Machines
  • Garbage

To learn more about how you can counsel companies to more effectively protect valuable trade secrets join Orange County attorney Ron Brand for a detailed discussion of what can be done to protect this invaluable company information. The main topics discussed include corporate espionage, the definition of a trade secrets, how to protect trade secrets and ensuring the enforcement of rights. Mr. Brand also provides thorough analysis of recent trade secrets case law from California and around the country and discusses what Congress is doing to protect trade secrets. To access the course please click here: Protecting Employer Information.

Further issues addressed in this CLE course include:

  • Information technology
  • What thieves are targeting
  • How trade secrets are accessed
  • The types of information that can be a trade secret
  • Security measures
  • Protecting corporate assets
  • Conducting exit interviews
  • Misappropriation of trade secrets
  • Cease & desist letters
  • TROs/preliminary injunctions
  • Monetary damages
  • Non-solicitation & non-compete agreements
  • The CFAA (Computer Fraud and Abuse Act)

Ron S. Brand focuses his practice on providing legal advice, guidance, and representation to employers in all aspects of labor and employment law, including defense against Federal and State-based wrongful termination, retaliation, harassment, discrimination, wage and hour, whistle blower, defamation, breach of contract, fraudulent inducement and other similar claims brought by current and former employees. He represents employers in both Federal and State courts, and before administrative agencies, including the California Department of Fair Employment and Housing and the Equal Employment Opportunity Commission. He is a frequent speaker for CLE providers, trade groups, associations, and private employers on a wide variety of employment law related issues, including protection of trade secrets and pre-employment background screening.

This CLE course on protecting trade secrets 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)
  • North Dakota (ND)
  • 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.

Tagged , , ,

CLE Course: Building the Bridge to Your Elder Law Practice

screen-capture

Every 10 seconds someone in the United States turns 65 years old. By 2030, it is estimated that over 70 million people in the United States will be 65 years or older – that will be roughly 20% of the population! What does this mean for you?

According to statistics from the 2000 U.S. census, more than 12% of the population in the United States was over the age of 65. That percentage is expected to rise to 20% by the year 2030.

It means that Medicaid and Aid & Attendance planning – the foundations of elder law – can be extremely beneficial to your practice and your aging clients. Advising clients in this area of law is not without pitfalls, however, but it can be a great addition to an established estate planning practice. And even if your practice area is not estate planning, knowing the fundamentals of elder law can help you to fully counsel your aging clients and relatives. In this entry-level course, elder law attorney Richard Scott Stewart provides a thorough overview of elder care law & planning and mainly discusses the history and rules of Medicaid and Aid & Attendance. To access the course click here: Building the Bridge to Your Elder Law Practice.

Further areas covered include:

  • Long-term care facts
  • The origins & evolution of Medicaid
  • The Medicare Catastrophic Coverage Act of 1988
  • Alzheimer’s & dementia
  • The Deficit Reduction Act (DRA)
  • Rules for traditional Medicaid coverage
  • Military service requirements for Aid & Attendance
  • The effects of the Affordable Care Act
  • The medically necessary standard
  • Income caps
  • 90 days active service
  • Unreimbursed medical expenses
  • Eligibility for Medicaid
  • Look back periods
  • Planning for in-home care
  • Planning for skilled nursing care
  • The Omnibus Budget Reconciliation Act (OBRA) of 1993
  • Recovery avoidance solutions
  • IRAs
  • Applying for both Medicaid and Aid & Attendance benefits

Richard Scott Stewart has concentrated his law practice on Medicaid, Medi-Cal benefit law, estate planning and asset protection and retention. He is a member of the California Bar Association, San Diego County Bar Association, California Advocates for Nursing Home Reform, and the National Academy of Elder Law Attorneys. He has appeared as a regular guest on the Lawyer in Blue Jeans radio show and conducts seminars and workshops on elder law topics in Southern California for caregiver support groups including the Southern Caregiver Resource Association, the Parkinson’s Disease Association, and the Alzheimer’s Association. He is also a frequent lecturer on various Elder Law topics around San Diego and Southern California.

This CLE course on elder 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 California and around the country. For more information about CLE in California please click the following link: CA CLE.

Tagged , , , , ,

Washington CLE Deadline is December 31

screen-capture-1Attorneys in Washington have one of the larger continuing legal education requirements. The good thing is that Washington attorneys have three years to complete the mandatory CLE requirement. Attorneys in Washington must complete at least 45 CLE units every three years in order to meet the Washington minimum continuing legal education (MCLE) requirement. As part of the 45 unit WA MCLE requirement, attorneys must also complete a minimum of 6 credit hours of Legal Ethics or Professional Responsibility.

Washington MCLE Compliance Requirements

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

You must have all of your Washington CLE completed before December 31 if this is your compliance year. And your WA CLE compliance must be reported by January 31, 2015. Washington attorneys may complete at least a portion of their WA MCLE requirement through online WA CLE courses. Lawyers in Washington may satisfy up to 22.5 credits of the required 45 CLE requirements through online and downloadable CLE courses. Online and downloadable CLE courses are considered self-study according to the Washington MCLE Rules.

Mandatory Continuing Legal Education[1]

APR 11 requires that active members (including military lawyers, foreign house counsel, and administrative law judges) complete a minimum of 45 hours of approved continuing legal education activities in each 3-year reporting period. At least 22.5 credits must be live and 6 must be ethics. Failure to comply with the MCLE requirements will result in suspension.

Don’t wait until December 30 to get started on your WA CLE! Attorney Credits features both online and offline CLE courses for Washington attorneys to complete CLE in the office, at home on on-the-go. We also offer MP3 Players and USB compliance packages that come pre-loaded with 22.5 WA CLE credit hours. Click here for more information about CLE in Washington: WA CLE.

[1] http://www.wsba.org/Licensing-and-Lawyer-Conduct/MCLE

Tagged , , , , ,

Tennessee CLE: December 31 CLE Deadline

screen-capture

Tennessee attorneys must complete 15 TN CLE units each year as part of the Tennessee minimum continuing legal education (MCLE) requirement. Of the 15 required Tennessee CLE units, at least 3 credits hours must be in the area of Ethics and Professionalism. Please note that in Tennessee, some courses qualify for both general and Ethics and Professionalism credit.[1]

Tennessee CLE Compliance & Reporting Requirements:

  • Reporting Cycle: Annual
  • Compliance Deadline: December 31
  • Reporting Deadline: March 1

The annual Tennessee CLE deadline is only a few weeks away. Attorneys in Tennessee must complete the 15 required TN CLE credit hours by December 31. Tennessee attorneys must report TN CLE compliance by March 1. If you are a Tennessee attorney and you don’t complete your TN CLE requirement by the December 31 deadline you must pay a $100 non-completion fee and you still must complete the necessary TN CLE hours to bring you into compliance.[2]

Attorneys in Tennessee have the option to complete 8 credit hours by completing online TN CLE courses each annual TN CLE compliance period.

Don’t wait until December 30 to get started on your TN CLE!  Attorney Credits offers individual TN CLE courses and our convenient one-click TN CLE compliance packages.  All of our Tennessee CLE bundles also feature three (3) units of Ethics and Professionalism courses. Attorney Credits allows Tennessee attorneys the convenience of completing CLE from the home or office … or even on-the-go![3] For more information about CLE in Tennessee please click here: TN CLE.

[1] “Dual” credit hours are can be used EITHER toward the General OR toward the Ethics & Professionalism requirement. However, “dual” credits DO NOT COUNT TWICE.

http://www.cletn.com/FAQ.aspx

[2] If you do not to complete your Tennessee CLE by August 15, a Suspension Order will be sent to the Tennessee Supreme Court and the Suspension Order will be entered at the Supreme Court’s discretion.

[3] CLE Your Way

http://www.attorneycredits.com/cle_your_way.php

Tagged , , , ,

PA CLE: Group 3 CLE Compliance Deadline is December 31

Pennsylvania attorneys that are not exempt from PA CLE requirements must complete a minimum of twelve (12) CLE credit hours each annual compliance period in order to fulfill the Pennsylvania CLE requirement. As part of the annual 12 unit PA CLE requirement for 2014, Pennsylvania attorneys must complete at least a minimum of one (1) hour of legal ethics, professionalism or substance abuse. Please note that 2 credit hours of legal ethics will be required starting in 2015.

PA CLE Compliance & Reporting Requirements

  • Reporting Cycle: Annual
  • Compliance Deadline: Varies by Group
  • Reporting Deadline: Varies by Group

All Pennsylvania lawyers are permanently assigned to one of three Pennsylvania CLE Compliance Groups for CLE compliance and reporting purposes. Once a Pennsylvania attorney is assigned to a PA CLE compliance group, the compliance group will never change.[1] Pennsylvania attorneys that are in compliance Group III are currently due for compliance and must complete the PA CLE requirement by December 31.

Pennsylvania lawyers are assigned to 1 of 3 Compliance Groups:[2]

  • Group III: January 1 – December 31

Pennsylvania attorneys that are in Group III may complete 4 credit hours through Attorney Credits online and downloadable Pennsylvania CLE courses. Attorney Credits offer individual courses – including legal ethics, professionalism and substance abuse CLE courses – and also offers four (4) unit CLE compliance packages for Pennsylvania attorneys in compliance Group III. For more information about CLE in Pennsylvania please click here: Pennsylvania CLE.

[1] Even if your last name changes, your PA CLE Compliance Group will remain the same and you will always remain in the same Compliance Group.

[2] PA CLE groups are chosen randomly by lawyer ID number.

Tagged , , ,

Oregon CLE: December 31 MCLE Deadline

screen-capture

Oregon attorneys have one of the heftier CLE requirements. Attorneys that are licensed to practice law in Oregon must complete 45 OR CLE credit hours each 3 year compliance cycle in order to remain in compliance with the Oregon MCLE requirement.[1]

Oregon MCLE Compliance & Reporting

  • Reporting Cycle: Every 3 years
  • Compliance Deadline: December31
  • Reporting Deadline: January 31

If it is your compliance year, you must finish all 45 credit hours by December 31. And your OR MCLE compliance must be reported no later than January 31. Please note that that Oregon MCLE compliance is broken up into 3 different groups, so Oregon attorneys must complete the OR MCLE requirement every three years. Your OR MCLE compliance group will be determined by the year when you became a member of the Oregon State Bar.[2]

All credits must be completed by midnight on 12/31 of the member’s reporting period. The compliance report is due on or before 1/31 of the year following the end of the member’s reporting period.[3]

Oregon attorneys may complete all 45 required OR CLE credit hours through Attorney Credits’ online and downloadable CLE courses. Attorney Credits offers 45 unit OR CLE compliance packages and individual OR CLE courses – including a wide selection of CLE courses pertaining to legal ethics, access to justice and the mandatory child abuse reporting duty in Oregon. For more information about CLE in Oregon please click here: OR CLE.

[1] Oregon attorneys must also complete a number of specialty credits as part of the 45 credit hour OR CLE requirement. A minimum of 6 credit hours must be completed in CLE activities accredited for legal ethics or professional responsibility credit.[1] For 2014, 1of the 6 required ethics credit hours must pertain to a lawyer’s statutory child abuse reporting obligations. And in alternate OR CLE reporting periods, at least 3 of the required 45 hours must be in programs accredited for Access to Justice credit pursuant to Rule 5.5(b).

[2] Members that became active prior to January 1, 1988: Attorneys with birthdays in January, March, June, and November: first compliance period end on December 31, 1988, and their compliance periods follow every three years thereafter. Attorneys with birthdays in February, May, August, and October: first compliance period end on December 31, 1989, and their compliance periods follow every three years thereafter. Attorneys with birthdays in April, July, September, and December: first compliance period end on December 31, 1990, and their compliance periods follow every three years thereafter. For all other attorneys the first reporting period begins on the date of admission to the Oregon State Bar and ends on December 31 of the following calendar year.[2]  Compliance periods then follow every three years.

[3] Minimum Continuing Legal Education

Tagged , , , , ,

Oklahoma CLE: 12 Credit Hours Annually

screen-capture

Members of the Oklahoma Bar must complete a minimum of 12 Oklahoma CLE credit hours annually in order to complete the OK CLE requirement. In addition, at least 1 of the 12 required OK CLE credit hours must be approved for legal ethics credit.[1]

Oklahoma CLE Compliance & Reporting Requirements

  • Reporting Cycle: Annual
  • Compliance Deadline: December 31
  • Reporting Deadline: February 15

And you are rapidly running out of time to complete the Oklahoma CLE requirement! All OK CLE courses must be completed by December 31 and OK CLE compliance must be reported no later than February 15. Oklahoma attorneys do have the option of completing a portion of the OK CLE requirement through online and downloadable OK CLE courses. However, please note that no more than 6 of the 12 required OK CLE credit hours can be earned by completing approved online, on-demand CLE courses.

Failure to Complete & Report OK CLE Compliance

Failure to complete and report the required approved OK CLE credits or failure to report one of the allowed exemptions could result in non-compliance fees ranging from $100 to $700.

If you complete your required 12 OK CLE credit hours by December 31 you no longer have to file an Annual Report of Compliance with the Oklahoma Bar Association MCLE Commission. However, if you do not have sufficient CLE units to meet your OK CLE requirement, then you must still file an Annual Report of Compliance. It is the responsibility of each member of the Oklahoma Bar to review the accuracy of the Oklahoma Bar Association CLE records and reports and ensure that CLE compliance is recognized by the Oklahoma MCLE Commission. For more information about CLE in Oklahoma please click here: OK CLE.

[1] A minimum of one credit hour must be in the area of professional responsibility, legal ethics or legal malpractice prevention.

Tagged , , ,