Category Archives: Law & Technology

CLE Course on Audio & Video Evidence

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In today’s digital age where recording devices, video cameras and digital technologies are ever-present, audio and video evidence has become incredibly important in civil and criminal litigation throughout all state and federal courts. Attorneys must have at least a basic understanding of what can be done forensically and legally with such audio and video evidence to get the best results in their cases and the best outcomes for their clients.

Will your audio, acoustic, voice or video evidence be considered legally trustworthy and therefore admissible in court? Or has your audio or video evidence been tampered with or fabricated in any way thus making it inadmissible?

In this CLE course presented by attorney and forensic expert Herbert Joe, you will learn what can and cannot be done with audio, acoustic, voice and video evidence – whether you’re the proponent or opponent of such evidence. Mr. Joe utilizes a number of criminal and civil case examples from his own practice and mainly discusses original evidence, the authenticity of audio & video evidence and uncovering key facts from the audio and video evidence.  To access the course please click here: Forensic Analysis of Audio & Video Evidence.

Further subject covered in this CL course:

  • Examples of VOX
  • Poor audio recordings
  • Forensic analyses of audio evidence
  • Evidence from phones
  • The legality of recording phone calls
  • Waveform analysis
  • Signs that are suggestive of fraud
  • Examples of gaps in recordings
  • Stop-record signatures
  • The importance of one word in a recording
  • Time scaling
  • Acoustic gunshot analysis
  • Digital image processing
  • Analyzing security videotape damaged in a bank robbery
  • Measuring the height of a subject based on video footage
  • Accounting for sunlight in a video recording
  • Determining key facts of a civil or criminal case from video evidence

Herbert Joe is a forensic scientist with 4 degrees, a Registered Patent Attorney and Graduate Faculty (Law) at the University of Phoenix. As managing partner of Yonovitz & Joe, L.L.P., his firm has been involved in thousands of cases involving forensic audio/acoustic/voice/video evidence for the past 27 years. He has testified in state and Federal courts in civil and criminal cases throughout the U.S. and overseas as an expert witness in forensic audio, acoustic, voice and video evidence, as well as an expert in patent law in patent infringement cases. Clients include all levels of state and Federal governmental entities, law firms throughout the world, Fortune 100 companies, Public Defender’s Office throughout the U.S. Mr. Joe conducts clinical/forensic research, has co-authored peer-reviewed publications, has given national and international presentations and consulted for CSI:Miami, Dr. Phil, ABC, BBC, FOX, AP, TMZ, and People Magazine.

This CLE course is currently offered 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)
  • North Dakota (ND)
  • 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.

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New CLE Course on Ethics & ESI

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Whether you’re in private, government, or corporate practice, you’re likely to deal with ESI (Electronically Stored Information) for a variety of transactional, litigation and business purposes. And as new technologies are developed and then become integrated into society and the practice of law, an attorney’s obligations under the ethical duty of competence continues to evolve. At a very minimum, attorney competence generally requires a basic understanding of, and facility with, issues relating to eDiscovery and the proper discovery of electronically stored information (ESI). The duty of competence may require a higher level of technical knowledge and ability depending on the e-discovery issues involved in a given matter and the nature of the ESI involved.

Failing to adhere to ethical standards in eDiscovery can lead to fines, reduced verdicts and even suspension from the practice of law.

In our brave new electronic world, digital pitfalls are truly lurking everywhere and this program will assist you in understanding the do’s and don’ts of eDiscovery by covering a number of pertinent ethical rules and recent case law in the area. This CLE program will mainly explore your ethical obligations in these areas: competence, the attorney-client privilege, client confidentiality, knowing where to look for ESI and intentionally withholding ESI. To access the course please click here: Ethics & ESI: Pitfalls and Practical Tips For the Wary Practitioner.

Further issues discussed in this CLE course include:

  • Rules of Professional Conduct
  • The Business & Professions Code
  • The ABA Model Rules
  • The Stored Communications Act
  • The I “heart” Hot Moms case
  • Electronic spoliation
  • Intentionally deleting electronic evidence
  • Removing Facebook photos & other social media evidence
  • Innocent deletion
  • Social media’s indefinite half life
  • Emails & the attorney client privilege
  • The work product doctrine
  • The responsibilities of partners & supervisory lawyer
  • The responsibilities of a subordinate lawyer
  • Responsibilities regarding nonlawyer assistance
  • Withholding electronic documents & emails
  • Qualcomm Inc. v. Broadcom Corp.
  • The penalties for failing to live up to ethical standards when conducing eDiscovery

Eric R. Deitz devotes much of his practice to the defense of attorneys and other professionals sued for malpractice. He also practices complex, estate and appellate litigation. Eric’s published opinions include In re Harris, 590 F.3d 730 (C.A.9, 2009) and Woolverton v. McCracken, 321 Ill.App.3d 440 (2001). Eric has tried multiple cases to verdict, including a statewide class action in California Superior Court. He also lectures on legal ethics, e-discovery, and document retention practices and policy. A member of the invitation-only Legal Ethics Committee of the San Diego County Bar Association, Eric currently serves on the committee’s executive board. Since 2013, Eric has been recognized by the Southern California edition of Super Lawyers® in the area of Professional Liability Defense.

This CLE course on ethics & ESI qualifies for legal ethics credit and 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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New CLE Course on Ethics & Technology

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In a very short period of time technology has revolutionized society and has forever changed the practice of law. The days of burying your head in the sand and hoping that technology all just goes away are over – whether you like it or not, technology is here to stay. ESI, metadata, litigation holds, friending potential witnesses… lawyers now need to understand and be well-versed with technology in order to fully represent their clients, get the best outcome at trial and avoid discipline and malpractice lawsuits.

Failing to grasp these new technologies in your everyday practice can lead to ethical violations, malpractice lawsuits and even disqualification.

In this new CLE course Ed McIntyre provides ethical guidance for fellow trial attorneys by reviewing three different hypothetical case examples based on the following subjects: electronically stored information (ESI) & the litigation hold, the inadvertent disclosure of documents and friending people involved in a lawsuit. To access the course click here: Ethics and Technology for the Trial Lawyer.

Further topics covered by Mr. McIntyre include:

  • Why we should care about ethics & technology
  • The applicable laws & codes
  • The evolution of technology
  • ESI (electronically stored information)
  • The Zubulake series of cases
  • Model Rule 1.1, Model Rule 1.6(c)
  • Rico v. Mitsubishi
  • Attorney client privilege
  • Attorney work product
  • Model Rule 4.4(b)
  • Disqualification
  • Public vs. private Facebook pages
  • Googling the jury

Edward J. McIntyre, Esq. is a litigation partner and general counsel for Solomon Ward Seidenwurm & Smith, LLP where he practices complex business litigation in federal and state courts. He also advises and represents attorneys on issues of professional responsibility, risk mitigation and professional negligence. Mr. McIntyre is an expert on the topic of professional responsibility. He testifies as an expert witness in court, writes a monthly column on professional responsibility in the San Diego Lawyer Magazine and frequently lectures on this topic. He is also a member and chair of the San Diego County Bar Association Legal Ethics Committee and received the 2013 Top Lawyers of San Diego distinction.

This CLE course on ethics & technology 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.

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California CLE: Legal Ethics Credits

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If you practice law in California (and many states around the country) you have a legal ethics requirement as part of your mandatory CLE obligations. For example, attorneys in California must complete 4 credit hours of legal ethics each 3 year compliance period. In other state like Florida and Illinois, attorneys need to complete 5 and 6 credit hours of legal ethics respectively each CLE compliance period.

California MCLE Compliance Requirements

  • Total Units: 25
  • Legal Ethics: 4
  • Elimination of Bias: 1
  • Substance Abuse/Competence Issues: 1

If you need legal ethics credit, we have a number of courses that qualify for that type of specialty credit. Here is a list of courses that qualify for ethics credit in California.

Legal Ethics Courses:

  • Avoiding Ethical Violations and Legal Malpractice Claims: An Expert’s Perspective
  • Conflicts of Interest: The Basics
  • Ethical Advice from a Trial Lawyer
  • Ethics & Legal Technology: E-Filing, Email & Electronic Wills
  • Ethics for Lawyers in the Cloud
  • Ethics in a Web 2.0 World
  • Ethics of Cloud Computing
  • Fee Agreements: Ethics & Reasonableness
  • Honesty is Best Policy: How Far Can You Go in Negotiations
  • Law, Ethics & Technology: E-Discovery & E-Competence
  • Law, Ethics & Technology: E-mail, Metadata & Electronic Storage
  •  Legal Ethics: Civility and Zealous Representation
  •  Personal Injury: An Ethically Hazardous Practice Area
  •  Practical Ethics: Avoiding Trouble with Clients, Courts and the State Bar
  •  Take Five: Edifying and Educational Ethical Examples
  •  Top 10 Ways to Stay Out of Ethical Trouble
  • Working with Experts

California attorneys can complete legal ethics courses for self-study or participatory credit as long as they complete a total of 12.5 hours of participatory credit. For more information about California CLE please click the following link: CA CLE.

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New Rules on Raising Capital and Crowdfunding

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The JOBS Act was enacted in 2012 and was intended to reduce barriers to capital formation – especially for smaller companies and startups. On July 10, 2013, the SEC adopted amendments to Rule 506 of Regulation D under the Securities Act to implement the requirements of Section 201(a) of the JOBS Act and these amendments became effective on September 23, 2013. Welcome to the age of crowdfunding!

The JOBS Act requires the SEC to adopt rules amending existing exemptions from registration under the Securities Act of 1933 and creates new exemptions that permit issuers of securities to raise capital without SEC registration.

If you need to learn more about the practical effects of amendments to SEC Rule 506, then join attorney Kelly Bagla as she details what the revised laws means for small businesses and startups that are now looking to raise capital. The main issues discussed include traditional Rule 506 requirements, new Rule 506(c) requirements, general solicitation & general advertising, accredited investor verification, the practical effects for companies looking to raise capital, the definition of crowdfunding, types of crowdfunding and rules regarding crowdfunding.  To access the course please click here: New Rules on Raising Capital and Crowdfunding.

Additional subjects covered by Mrs. Bagla include:

  • Rule 504 & 506 requirements
  • Exemptions to Rule 506
  • Pre-existing relationships
  • Venture capital
  • Raising unlimited capital
  • Four different ways to verify accredited investors
  • Third party accredited investor verification
  • Confidentiality
  • Startups
  • Rules for crowdfunding
  • Kickstarter
  • Disclosures
  • Annual reports
  • 505(c) verification

The founder and general manager of Bagla Law, Kelly Bagla is an experienced corporate and securities attorney who practices in San Diego, California. A multi-degreed lawyer, she began her career with a Fortune 500 global biotechnology company in California, where she managed legal issues for 35 international subsidiaries. She then joined Baker & McKenzie, an international law firm based in San Diego, where she advised domestic and international clients on corporate and securities issues. Kelly subsequently joined the Catalyst Law Group in San Diego, California, where she headed the corporate legal department. Her practice covers everything from general corporate counseling to legal advice on offshore transactions. She has a bachelor’s degree in Business Administration and International Relations from California State University, Hayward. She also earned a Bachelor of Laws (LL.B. with honors) from the University of Wales, Swansea, and a Master of Laws (LL.M.) from Whittier Law School.

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 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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CLE Course: Ethics of Cloud Computing

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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.

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CLE Course: Protecting Employer Information

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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.

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CLE Course: Medical and Scientific Evidence Used in DUI and Drug Cases

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With marijuana being legalized both medicinally and recreationally across the country and the recent scourge of prescription drugs, increasingly more people are being convicted of driving under the influence and other crimes involving drugs. This course presented by criminal defense attorney Paul Neuharth will address the testing for chemical substances or drugs – both as to the application in a DUI defense and as to being under the influence of drugs in a general criminal defense. The same principles will apply in both types of cases.

It is important for every attorney who is representing someone charged with a drug-related driving case to gain as much knowledge and training as possible in drug recognition and the actual methods used in testing for the suspected substances.[1]

In addition to discussing the medical and scientific evidence used to detect drugs such as LSD, methamphetamines, cocaine and prescription pills such as opiates, Mr. Neuharth also discusses the detection of alcohol. This course is especially timely with the recent legalization of marijuana in Colorado and Washington and the fact that we are now starting to formulate guidelines around the rest of the country. To access the course please click here: Medical and Scientific Evidence Used in DUI and Drug Cases.

Additional issues addressed include:

  • Nanogram limits
  • Metabolites
  • The absorption of marijuana into the bloodstream
  • Experts
  • Testing
  • Benzodiazepines
  • Tolerance
  • Opiates
  • Water solubility
  • Boutique drugs such as GHB
  • Spice & MDMA
  • Field coordination tests
  • Over the counter medications such as Benadryl
  • False positives
  • Blood tests
  • Breathe tests
  • Downloading information from the portable breathalyzer
  • Calibration of the breathalyzer
  • Preliminary alcohol screening
  • The slope detector
  • Testing at the crime lab
  • The lab packet
  • Gas chromatographs
  • Blood tests

Paul H. Neuharth Jr. is a sole practitioner located in San Diego, California, with exclusive and extensive experience in administrative and criminal law. Mr. Neuharth’s firm has been Martindale-Hubble AV-rated for the last 16 years. He is listed on the American Trial Lawyers Association Top 100 Trial Lawyers for California and a top Criminal Law attorney category by The Daily Transcript (2010, 2011). Mr. Neuharth was a California State Law Enforcement Officer from 1983 to 1990, receiving 7 commendations and worked his way through his undergraduate studies and law school in that capacity.

This CLE course on the medical and scientific evidence used in DUI and drug cases is currently offered 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] Navigating DUI Drug Cases

http://www.orrlaw.com/orrlawfirm/images/Orr_Chapter.pdf

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CLE Course: Online Security & Risk Basics for Attorneys

We now live in the digital era – an era of social media, mobile phones & devices and being connected and online 24/7. There are many benefits for attorneys and law firms that adopt and utilize online technology to enhance their practice and provide more cost-effective and efficient service to their clients. Unfortunately, there are numerous risks that are involved with utilizing online technologies as well.

“Which risks are relevant?  Those that impact business goals.  Which risks impact business goals?  They all do.” – Deborah Gonzalez

In this new CLE course, Deborah Gonzales of Law2SM presents the tools and resources that you need to better understand the security and reputational risks of online and digital activity for attorneys and how to mitigate those risks to minimize potential losses. The focus of Online Security & Risk Basics for Attorneys is to present security and risk management best practices that address major concerns for attorneys in our new online environment.

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There is a wealth of practical information presented in this course and Ms. Gonzalez provides numerous practice points for attorneys to adopt in their everyday practice to minimize online risks.  The main topics addressed include setting the context of our new digital world, mobile devices, apps & BYOD, reputational risk, big data, content management/marketing, compliance and what you can do to mitigate your risk.

Further issues addressed in this CLE course include:

  • The relevant risks
  • Digital threats
  • Social media/online risk
  • Online security
  • Regulatory compliance
  • Sources of risk
  • Why risks happen
  • Crafting a social media policy
  • The NLRB’s (National Labor Relations Board) role in regulation
  • The 5 C’s
  • Monitoring risks
  • Suggested alerts
  • Metadata/geo-tagging
  • Protecting your online identity
  • Compliance with rules & regulations
  • The SEC regulations
  • FTC & compliance
  • Disclaimers
  • The FCC & net neutrality
  • COPPA (Children’s’ Online Privacy Protection Act)
  • The compliance toolkit
  • Audits & assessment
  • SLA™ Risk Assessment
  • Protecting yourself and your firm through insurance coverage

The founder of Law2SM, Deborah Gonzalez is an attorney whose legal practice focuses on music, art, entertainment, digital, social media and online law. She obtained her JD from New York Law School and is licensed to practice in both New York and in Georgia. Her clients include galleries, museums, artists & art professionals, animators, filmmakers, musicians & music professionals, authors, and various other creative professionals. Ms. Gonzalez is a member of the Georgia Production Partnership, Georgia Entertainment Association, Women in Animation, and the Entertainment Law sections of the Georgia and New York Sate Bar Associations. She speaks at various industry conferences around the world, such as SEIGE CON and SIAF, on legal issues and concerns for artists of all genres.  Attorney Credits offers continuing legal education (CLE) for attorneys in Illinois and around the country. To access more information about Illinois CLE please click the following link: IL CLE:

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Reducing the Risk and Cost of Cross-border and Multi-lingual eDiscovery Cases

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Recent court decisions imposing sanctions and holding both in-house and outside counsel responsible for poor electronic discovery practices make it clear that all attorneys need to understand the basics of electronic discovery – or at least know when and how to engage colleagues, litigation support teams and service providers who are experts in the field.  Complicating this challenge is the fact that many businesses have an international presence and have offices and employees scattered across the globe.  With the increasing global reach of both business and economic activity, the incidence of cross-border and multi-language litigation is rapidly increasing.  And countries in Europe, Asia and elsewhere around the world have much more strict data privacy laws than the United States that affect how electronic information can be discovered.

Agenda for Course

  • Cross-Border Legal Considerations
  • International Collection Strategies
  • Using technology to lower cost & risk of foreign language review

This CLE course presented by Jeff Jacobs, Associate General Counsel for DTI, will address how to resolve some of the principle discovery challenges involved in cross-border and multi-language litigation.  The main topics discussed by Mr. Jacobs include dealing with non-U.S data privacy laws & regulations, cross-border legal considerations, international collection strategies, using technology to lower the cost & risk of foreign language review and resolving cultural & foreign language issues that may arise in the course of conducting cross-border discovery.  To access the course please click here: Reducing the Risk and Cost of Cross-border and Multi-lingual eDiscovery Cases.

Mr. Jacobs also addresses:

  • Discovery versus privacy around the world
  • Global approaches to personal privacy
  • EU data privacy developments
  • The Sedona framework
  • Jurisdiction
  • Blocking statutes
  • International data privacy laws
  • EU members state penalties
  • Hague evidence collection
  • Resolving international disputes
  • Collecting international information
  • Language identification
  • Special handling for Asian, European and Arabic languages
  • Review strategies
  • The form of production

Jeff Jacobs is the General Counsel and Senior Consultant for Document Technologies, Inc. (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 the risk and cost of cross-border and multi-lingual eDiscovery cases 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 California and around the country.  For more information about CLE in California please click the following link: CA CLE.

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