University of Texas School of Law

Find the latest answers to your practice questions. From "Elder Law and Medicaid Essentials" to "Navigating an International Energy Project" the Answer Bar is here and on your side.

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Answer Bar: Natural Disaster Planning and Response (Jun 2018)

Session 1: Natural Disasters: Lessons Learned - Gain tips for dealing with the legal and other challenges associated with disasters like Hurricane Harvey, including employee issues, force majeure, business continuity planning, recovery efforts, and maintaining good customer and public relations. Session 2: Disaster Relief: What a Nonprofit Needs to Know When Disaster Hits Your Community - Hear an overview of the relevant rules on disaster relief and current IRS guidance and the legal and practical challenges for non-profits providing relief and managing fundraising in the wake of a disaster. Session 3: Continuity of Operations Following Disasters: Confronting Legal Challenges in Energy, Law Enforcement, Environment, Commerce and Beyond -  Session 4: Insurance Litigation Post-Harvey - Review the most hotly contested issues in first party insurance claims and litigation arising out of the recent hurricane, including flood versus wind, special rules for TWIA claims, and the new "natural causes" amendments to the Texas Insurance Code. more »

Total Credit Hours:
3.25    Credit Info
TX, CA

TX MCLE credit expires: 10/31/2019

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Includes: Video Audio Paper Slides

$145  

Answer Bar: Water Rights, Planning, and Legal Issues in Texas (Oct 2018)

Session 1: Waters of the United States: The Future Regulation of Potholes and Other Issues - Review the recent action of EPA and the Department of the Army in resetting the effective date of the 2015 Rule from August 2015 to February 2020. Listen to a discussion about the likelihood for changes to the 2015 Rule, and the emerging trend of ground water being considered as regulated under the federal Clean Water Act. Session 2: Groundwater–Surface Water Interaction: Implications for Groundwater Planning and Management - Groundwater pumping generally results in decreased groundwater storage, induced recharge to the area, and decreased spring flow and stream flow. The nature and timing of these three impacts are dependent on many factors, and require an understanding of local conditions. Explore how groundwater–surface water interaction affects groundwater planning and management. Session 3: Valuation of Water Rights - Credible fair market valuation of water rights is a major challenge in Texas. Explore a thorough and reliable model for determining the fair market value of water rights not only in Texas, but elsewhere around the globe. Session 4: Marketing Groundwater Rights - An overview of issues facing landowners and groundwater project developers, including: “grass roots politics”, market conditions, pricing concerns, transport considerations, permitting hurdles, and coordination with local groundwater districts. Session 5: Marketing Surface Water Rights - In pursuing the purchase of a water right, a buyer has to consider a number of regulatory steps in order to make the purchased water right beneficially useful. Just what are those steps? Session 6: Indirect Reuse of Water - Examine historically disputed issues regarding indirect reuse and learn some of the existing indirect reuse permits. Listen to a discussion about more recent directions and questions regarding indirect reuse coming from the Brazos River Authority System Operation permit hearing. Session 7: Direct Potable Reuse - Explore the technical, social, and regulatory issues associated with the implementation of direct potable reuse in Texas, including a discussion of several case studies. Session 8: Application of Governmental Law Requirement to Public–Private Partnership Projects - What responsibilities and attributes of the government, such as obligations of openness and transparency, does a private business assume when it partners with the government on a project? Session 9: Legal Issues with Permitting Amenity Ponds - Amenity ponds are often constructed in new subdivisions for aesthetic, recreational, drainage, and irrigation purposes.  Depending on the location and source of water for the pond, such as state-owned surface water, groundwater, storm water, or reclaimed water, the permitting requirements can vary greatly. Review the various permitting requirements and the legal hurdles associated with these ponds. Session 10: There's No Accounting for Water - Review the basics of accounting plans used in water rights permitting and gain insight into recent developments and issues. more »

Total Credit Hours:
6.25    Credit Info
TX, CA

TX MCLE credit expires: 10/31/2019

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Includes: Video Audio Paper Slides

$265  

Answer Bar: Global Data Security Considerations for the Corporate Client (Jun 2018)

Session 1: GDPR is Effective Today! - May 25, 2018 is the effective date for the European Union’s General Data Protection Regulation, the world’s most comprehensive privacy law. On this day for which so many have prepared, we will share in-house and outside counsel perspectives on what the GDPR means for international companies that do business in the EU, which aspects of compliance efforts have been most challenging, and what lies ahead in maintaining GDPR “accountability” and in connection with the forthcoming, related ePrivacy Regulation. Session 2: Do You Know Where Your Data is?: Data Sharing and the State of the Law - Modern companies are awash in data. Employees generate it and are usually looking for the most efficient way to share it internally and externally. Review the myriad of problems that can occur even with the most well-meaning of employees. From the possible export control risks of emailing technical information to an overseas colleague, to using Dropbox and other file sharing sites to exchange information, to providing data to contract employees, and more, explore the state of the law as it relates to data and what can happen if you lose control of it. Session 3: Data Breaches, Big Data, and FTC Oversight - Learn how and why the FTC polices data breaches and the collection and exploitation of big data. Session 4: Protecting Client Information-Cyber Protection Duties as an Attorney - Explore the ethical and legal obligations of attorneys and law firms to protect client data and communications from the latest cybersecurity threats. Session 5: Ethics and Professionalism in a Global Environment - Ethics and professionalism are being influenced by many factors in today’s global environment. Consider some of these factors, along with areas of commonality amongst the legal ethics rules from a sampling of jurisdictions. Session 6: Law Firm Data Security and the Ethical Duty of Technology Competence - As clients demand attorneys deliver legal services more efficiently by using technology it increases pressure to have technical knowledge and proficiency. Further, the American Bar Association and 28 states have created a model rule for the ethical duty of technology competence. Hear an overview of the significant material risks and impact on a law firm following a breach and the potential consequences from an ethics and disciplinary perspective. more »

Total Credit Hours:
5.00 | 2.50 ethics    Credit Info
TX, CA

TX MCLE credit expires: 9/30/2019

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Includes: Video Audio Paper Slides

$215  

Answer Bar: Oil, Gas, and Energy Agreements and Contracting Essentials (May 2018)

Session 1: Basic Joint Operating Agreements in Oil, Gas, and Mineral Law - Discuss the purposes for a Joint Operating Agreement, its basic structure and issues that arise in its interpretation. Session 2: Analysis of Royalty Clauses and Issues: Past, Present and Future - Analyze the evolution of royalty clauses—up to and including current issues—by reviewing recent decisions and pending cases, post-production costs, Heritage, the impact of implied covenant law on royalty obligations, royalties on gas plant products, definitions of marketing and gathering, and other topics pertinent to royalty payments today. Session 3: LNG Update - According to the IEA, LNG could be the “second revolution” in natural gas markets. Global LNG trade reached another record year in 2016 as new supply from Australia and the United States came online and found its way to markets in a diverse array of countries. The world’s traditional buyers are becoming sellers as potentially huge LNG demand markets open up in China and India. Hear an update of the key developments impacting global LNG markets. Session 4: Hedging Oil and Gas Production - An introduction to managing risks associated with the sale of oil and gas production. Examine the benefits and mechanics of hedging, commonly used hedging contracts, and practical considerations impacting hedging transactions. Session 5: A Primer on Marketing Oil and Gas - Discussion of the basic concepts associated with a producer’s marketing of its oil and gas production, including overviews of (a) the applicable provisions of UCC Article 2, (b) the basic provisions of the Conoco general terms and conditions applicable to sales of crude oil as well as the standardized LEAP “master” form agreement for crude oil and refined petroleum products, (c) the provisions commonly found in contracts for the purchase of natural gas by gatherers and processors, as well as by gas marketers utilizing the standardized NAESB “master” form agreement for natural gas, and (d) applicable regulatory principles.” Session 6: Ethics in Contracting Issues - Using hypotheticals, this presentation focuses on a number of ethics issues that might arise in contracting situations. Can lawyers take advantage of privileged communications the adversary inadvertently sends them? Can lawyers receiving electronic documents look for hidden metadata the other side has not scrubbed? What duties do lawyers have in representing contracting parties, with regards to disclosing client confidences to prevent the adversary from being deceived about the clients' intent, or to correct the adversary's misunderstanding about the law, the contract's terms, or the adversary's scriveners error? Session 7: Nuts and Bolts Ethics for the Business and Transactional Lawyer - Engage in a practical discussion of current ethics topics related to business and transactional law, including conflicts issues, and attorney migration between firms. more »

Total Credit Hours:
5.00 | 2.00 ethics    Credit Info
TX, CA

TX MCLE credit expires: 9/30/2019

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Includes: Video Audio Paper Slides

$215  

Answer Bar: Handling Employee Investigations in Today's Woke Workplace (Jun 2018)

Session 1: Investigations in Today's Woke Workplace - A veteran workplace investigator shares critical tips for ensuring that every complaint investigation is thorough, in good faith, and reliable in the midst of the #MeToo movement, instant social media postings, and polarizing employee relations issues. Session 2: Reputational Risk: Managing Perceptions with Image Repair - When the reputation of the client is uncertain and “no comment” is not an option, hear from a public relations veteran and an employment attorney on strategies for communicating with the public and employees. This discussion includes the advanced Image Repair Theory crisis communication guide, coordinating the legal and communications team, and the professional ethical rules that govern lawyers when speaking about ongoing conflict. Session 3: The Boundaries of Employee Free Speech - As social media continues to evolve, employees are increasingly able to express their personal opinions on current events to wider audiences. Examine the rights of employees to express their views both inside and outside the workplace, and the competing rights of public and private employers to respond to those views when they conflict with their own values or those of their customers or employees. Explore when an employer may actually be obligated to take action against an employee for views expressed outside the workplace, including discussion of real-world situations like the events of Charlottesville, VA, the viral misogynistic "manifesto" written by an engineer employed by a giant in the technology industry, and an NFL player’s decision to take a stand by taking a knee. Session 4: The New Gender and Sexuality - Legal update and practical workplace impact of social and cultural shifts with respect to the evolving terminology and variety of gender identity, gender expression, and sexual orientation. Session 5: Best Practices in Dispute Resolution - Get practical tips on how to anticipate, avoid, evaluate, negotiate, and resolve workplace conflicts from a mediator and arbitrator with 45 years of experience representing employees and employers. Session 6: Emerging from the Shadows: Unconscious Bias in the Workplace - While the existence of unconscious bias is inevitable, the way we deal with hidden biases in the workplace is enormously important. Examine how unconscious bias may influence workplace decisions and interactions, and discuss the latest approaches and legal implications for addressing it. Session 7: Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality - Understand the fundamental tensions in anti-discrimination law, how it impacts plaintiffs and defendants in the litigation system, and hear practical recommendations for how to better respond to persistent patterns of discrimination. Session 8: Ethics for Employment Attorneys - Get updated on cutting-edge ethics issues, including attorney-client privilege and waiver issues, ex parte communications, access to social media and computer information, inadvertent disclosure and improper acquisition of confidential information, litigation holds and spoliation issues, and settlement negotiations. more »

Total Credit Hours:
5.50 | 1.75 ethics    Credit Info
TX, CA

TX MCLE credit expires: 8/31/2019

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Includes: Video Audio Paper Slides

$235  

Answer Bar: Maximizing Technology in Your Law Practice (Feb 2018)

Session 1: Technology’s Disruption of the Legal Profession - Explore various technologies and emerging platforms that continue to influence the legal industry, including key considerations in implementing these technologies and related ethical concerns. Session 2: Cyber Ethics: Ensuring Compliance with Evolving Technology - Lawyers today find that keeping client information safe is more challenging when using today’s technology tools. You don’t have to have a degree in computer science to understand how to avoid ethical missteps related to technology. Lawyer-friendly information on cyber ethics is provided. Session 3: Artificial Intelligence and its Effect on the Legal Industry - AI is getting a lot of attention, creating fears and in many cases unrealistic expectations. Explore the reality of AI, how it practically can impact legal work flows, and how it can be a positive force that enables lawyers to do their jobs faster, cheaper and better for their clients. Session 4: Data Analytics: The Answer to Your Law Firm's Innovation Effort - Learn how to easily kick-start your firm’s innovation efforts, close the gender pay gap (for you and your clients), and use data to reduce bias, improve inclusion as part of a diversity and inclusion initiative, and simultaneously use proven scientific methods to improve bottom-line profitability! Session 5: Avoiding Ethical Issues with Lawyers' Use of Social Media - The world of social media presents a multitude of pitfalls for practitioners and judges alike. Hear from pioneers in the field on how to make the most of social media's advantages without running afoul of applicable disciplinary rules. Listen to a discussion about cutting edge issues not yet addressed under Texas law and proposed disciplinary rules currently under consideration by the Texas Supreme Court. Session 6: 30 Apps in 30 Minutes - A quick survey of useful apps and tech tips for lawyers, trust officers, and caregivers. Session 7: Law Firm Data Security and the Ethical Duty of Technology Competence - As clients demand attorneys deliver legal services more efficiently by using technology it increases pressure to have technical knowledge and proficiency. Further, the American Bar Association and 28 states have created a model rule for the ethical duty of technology competence. Hear an overview of the significant material risks and impact on a law firm following a breach and the potential consequences from an ethics and disciplinary perspective. more »

Total Credit Hours:
4.50 | 3.25 ethics    Credit Info
TX, CA

TX MCLE credit expires: 8/31/2019

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Includes: Video Audio Paper Slides

$195  

Answer Bar: Technology for Litigators (Jan 2018)

Session 1: Artificial Intelligence and its Effect on the Legal Industry - AI is getting a lot of attention, creating fears and in many cases unrealistic expectations. Explore the reality of AI, how it practically can impact legal work flows, and how it can be a positive force that enables lawyers to do their jobs faster, cheaper and better for their clients. Session 2: Strategic Use of E-Discovery - Fewer than one out of a hundred cases are tried. Accordingly, discovery strategy is often more vital than trial strategy. Yet, strategic use of e-discovery garners little attention, perhaps because the fundamentals demand so much focus that there is little room for flourishes. If you only know one way of doing things, how do you act strategically? Review methods to deploy e-discovery strategically, mindful of our opponent’s fears, goals, and pain points … as well as our own. Session 3: The Business of Social Media - How are social media assets created and transferred? How are “visits” and “hits” measured and valued? Investigate the business of social media with profiles of prominent social media companies and get insight into many of the products in the social commerce space that help companies collect and make use of consumer-generated content. Session 4: Hearsay in a Digital World - Review important hearsay issues, with an emphasis on hearsay appearing in social media, texts, and other new media. Session 5: Getting from Internet to Evidence - Social media can be a goldmine in certain cases, if you can discover relevant data and get it into evidence. Learn ethical methods of eDiscovery related to social media, the nuts and bolts of admitting social media data into evidence, and strategies for using that evidence on both liability and damages claims. Session 6: Social Media and Homeowners Insurance: Are Your Facebook Posts Covered? - Litigation stemming from social media activities has exploded in recent years. While the defendants in these cases often look to their homeowners insurance for protection, the typical policy gives insurers multiple ways out. Session 7: Data Security Breach Litigation - Review what a litigator needs in order to prepare a client for litigation or an investigation by regulators after a data security breach. Takeaways include protocol for preserving the attorney client privilege and evidence before, during and after a breach; cybersecurity liability insurance litigation updates; and creating proof points, including a discussion of cybersecurity best practices and "cybersecurity basics," to effectively minimize damages, fines and penalties. Session 8: Law Firm Data Security and the Ethical Duty of Technology Competence - As clients demand attorneys deliver legal services more efficiently by using technology it increases pressure to have technical knowledge and proficiency. Further, the American Bar Association and 28 states have created a model rule for the ethical duty of technology competence. Hear an overview of the significant material risks and impact on a law firm following a breach and the potential consequences from an ethics and disciplinary perspective. more »

Total Credit Hours:
4.75 | 1.75 ethics    Credit Info
TX, CA

TX MCLE credit expires: 8/31/2019

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Includes: Video Audio Paper Slides

$205  

Answer Bar: The Ins and Outs of Commercial Real Estate Loans and Title Insurance (Oct 2017)

Session 1: A Checklist for Commercial Loans - Examine lender requirements for closing a commercial real estate loan transaction, highlighting issues and pitfalls that can surface and derail almost any closing. Session 2: Construction Loans and Contractor Documents - Hear a contractor’s perspective on lender’s consent and assignment forms. Session 3: Land Use Law in the Loan Process: Issue Spotting and Resolution - Explore land use due diligence for a loan and alternatives to keep the loan proceeding to closing, with insight into both public land use (zoning, platting, permitting, and development agreements) and private land use (deed restrictions, easements, and reciprocal agreements). Session 4: Local Counsel Real Estate Opinion Report - Learn current best practices and market customs for the issuance of local counsel opinions in Texas mortgage lending transactions. Session 5: Responding to the Title Commitment and Survey - An outline and discussion of the analysis of a title commitment, types of responses for buyer's and lender’s counsel, and integrating the survey into the title commitment. Session 6: Title Insurance: Closing Protection Letters - Take a closer look at closing protection letters—what they do, what they don’t do, and why you need them in real estate transactions—and gain timely insight into trends in closing protection letters and liability in the real estate settlement process. Session 7: Title Policy Key Provisions, The Duty to Defend, and Claims - Focus on key provisions of the title insurance policy including determination and timing of loss, duty of defense, and exclusions from coverage. Listen to a discussion about recent cases and how Texas courts have construed these provisions. Session 8: Foreclosure Refresher: The Updated Basics - Get a step-by-step refresher on the foreclosure process, with a focus on practical concerns, and an update regarding recent statutory changes and case law impacting the process. Session 9: How to Foreclose Personal Property - Gain practical guidance on how to foreclose on personal property under Article 9 of the UCC and the Texas Business and Commerce Code. Discuss the issues that may arise, including how to give proper notice, conduct a private or public sale, and repossess and dispose of collateral. more »

Total Credit Hours:
4.50    Credit Info
TX, CA

TX MCLE credit expires: 8/31/2019

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Includes: Video Audio Paper Slides

$195  

Answer Bar: Considering a Special Needs Trust (Feb 2018)

Session 1: Special Needs Trusts: Decision Tree Analysis - Learn how to utilize a decision tree approach to ask and answer key questions concerning a client's need for a special needs trust, and if one is needed, which type of special needs trust is the best choice. Session 2: SNT Basics and Beyond – Top Trends and Pitfalls - Special needs trusts have been part of our lives for many years and have been adapting to law changes and agency interpretations since the beginning. Review this evolution up to the current status of what works, and what doesn’t, when designing and drafting these trusts. Session 3: Maximizing Public Benefits - Clients and trust beneficiaries come to us to solve their current care needs and plan for the future. Often where a client or trust beneficiary lives determines what public benefits programs are available now and could be available later. Hear an overview of the continuum of care settings and what public benefit programs can help pay for care in each setting, as well as an update of recent changes to public benefits. Session 4: Seven Timeless Principles of SNT Planning - While laws, regulations, and rules impacting public benefits and trusts change frequently, certain planning principles do not change. Discuss steps in the SNT design process to address individual circumstances, including basic program types, budgets, grantor and beneficiary expectations, and distribution planning. Session 5: Making Sense of Structured Settlements - Structured settlements are often used to fund court-created SNTs in the personal injury context. Drafting attorneys and trustees need an understanding of the fundamental concepts of a structured settlement annuity and the effects one will have on the funding and administration of a trust. Session 6: SSA Regional Trust Leads Presentation Regarding SSI Trusts - A discussion with the Regional Trust Leads on the regional centralization of the SSI trust review business process, including key players and their roles. Plus, hear SNT drafting errors "Top 10 List" and the latest policy and procedures regarding SNT reviews, including a Q&A session. Session 7: Working with SSA Part II: Updates to the SSA POMS regarding trusts, Practice Tips, Reporting and More - Hear an overview of the new trust POMS, strategies for presenting trusts for review, and for responding to adverse agency decisions regarding trusts. Session 8: View from CMS - A discussion with a representative of the Centers for Medicare & Medicaid Services of current issues related to the Medicare Secondary Payer provisions. What's new, what's not. more »

Total Credit Hours:
7.25 | 0.75 ethics    Credit Info
TX, CA

TX MCLE credit expires: 3/31/2019

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Includes: Audio Paper Slides

$325  

Answer Bar: Elder Law and Medicaid Essentials (Aug 2016)

Session 1: Understanding Public Benefits Affecting the Elderly - Paying for care, medications, and deductibles is a challenge for many older adults. Find out how Long-Term Care Medicaid (nursing home and home care), Medicare, Medicare Savings Programs (QMB, SLMB, QI-1) and Supplemental Security Income (SSI) can increase the quality of life for your clients. Learn about these benefits and their eligibility requirements, and gain useful practice tips. Session 2: Medicaid Update - Learn the latest developments in Medicaid law, including how "block grants" and other proposed changes may affect their practices. Estate planners who are not Medicaid specialists will acquire essential Medicaid-related forms including Qualified Income Trusts, Lady Bird Deeds, Transfer on Death Deeds, LBD/TOD Grantee Trusts and Third-Party Supplemental Needs Trusts. Session 3: In Quest of the Perfect Medicaid Application - Although it may not be possible to guarantee that every Medicaid application will be accepted upon the first filing, learn time-tested tips to improve the odds. Session 4: Powers of Attorney: Best Practices and Provisions - A discussion of suggested solutions to potential issues when drafting powers of attorney, including avoiding potential exploitation, dealing with financial institutions and title companies, attorney-client privilege when representing the agent named in a power of attorney and other timely issues. Session 5: Defensive Case Management for Elder Law Attorneys - Learn a systematic approach to capturing data and using the system to defend against attempts by your clients' family members who want to involve you in disputes they have with other family members. more »

Total Credit Hours:
3.50 | 1.00 ethics    Credit Info
TX, CA

TX MCLE credit expires: 3/31/2019

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Includes: Audio Paper Slides

$155  

Answer Bar: Navigating a Renewable Energy Project (Feb 2018)

Session 1: What's New in the Renewable Energy Market? - Hear a lively update on developments affecting the renewable energy market. Session 2: What’s new with ERCOT and the PUC - Hear what ERCOT and the PUC are up to and how it may impact the renewable energy market in Texas. Session 3: Regulatory Due Diligence Issues in Energy Financing - Survey the electric and environmental regulatory issues in generation project finance, including an examination of permitting, and electric and environmental regulatory issues from the perspective of developers, lenders and tax equity investors. Discuss how parties approach these issues and how developers can organize and prepare their information to allow for an efficient due diligence process. Session 4: Improving the Marketability of Your Project: Tips and Pitfalls - Beyond the economics of a project, there are key contractual and development issues that will be analyzed during the due diligence process. Gain insight into how lawyers review and evaluate project documents, tips on how to best showcase your renewable energy project, and examples of potential pitfalls that an investor or buyer is trying to avoid. Session 5: Utility Scale Solar Leases and Related Documents - Legal Considerations for Landowners and Developers - Focus on issues encountered when drafting and negotiating utility scale solar leases and related land control documents. Hear both developer and landowner viewpoints on common clauses and issues such as lease financeability, mineral development, and compensation arrangements; and explore ancillary documents such as options, surface waivers, and transmission line easements. Session 6: “Boilerplate” Clauses in Wind Lease Agreements - What lawyers should know about common “boilerplate” clauses in wind lease agreements including insurance provisions, indemnity provisions, lender protections, estoppel clauses, and assignment clauses. Session 7: Public Lands - Hear from University Lands and the GLO with respect to renewable energy leases, agreements, surface waivers, and more, including a discussion of the application process and contract expectations. Session 8: Distributed C&I PPAs: Overview and Trends - On-site rooftop, carport, and groundmount solar generation continues to expand. Hear key provisions of behind-the-meter commercial and industrial power purchase agreements, an overview of the typical project financing and contract structure, and highlights of some of the recent trends and developments shaping negotiations. Session 9: Title and Survey Essentials: State Variances / Wind and Solar Distinguished - Listen to a discussion about the variances across state lines in title insurance practice and surveys for renewable energy projects, from available risk mitigation endorsements to pricing. Learn the differences in title risks and concerns in utility scale wind projects versus solar projects. Session 10: Water and Mineral Issues in Solar Development - Listen to a discussion about the California law perspective upon water and development interactions, focusing on the issues of securing water rights for solar development, as well as the impacts of severance of rights. Issues related to the potential conflicts and resolutions between solar development and mineral rights and activity in Texas will also be discussed. Session 11: Innovative Insurance and Risk Management Products and Emerging Trends in the Renewables Sector - Whether you’re looking to finance projects utilizing prototypical equipment and emerging technologies, create synthetic PPAs, or de-risk M&A transactions or tax positions, a host of commercially available products are available to facilitate your strategic goals in an ever changing insurance marketplace. Discuss examples of how various insurance and risk management products have transferred risk and reduced uncertainties that can stand in the way of developing, financing, acquiring or divesting projects utilizing a variety of renewable energy technologies. Session 12: Ethics in Negotiation—Civility and Lying - As attorneys, we are faced with difficult attorneys, “spin” in relation to deals, and confusing rules that are supposed to guide our conduct. Lawyers need their own renewable energy to survive the maze. more »

Total Credit Hours:
9.75 | 1.00 ethics    Credit Info
TX, CA

TX MCLE credit expires: 3/31/2019

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Includes: Video Audio Paper Slides

$405  

Answer Bar: New Boardmember Basics (Feb 2018)

Session 1: Governance Literacy - Governance at nonprofit organizations is often not a priority until something goes wrong. Gain practical tips to help board and staff members avoid problems, and review governance topics including fiduciary duties, governing documents, policies, procedures, and the roles of the board, officers, committees, and staff members. Session 2: Accounting and Finance Basics - This session covers revenue and expense recognition, financial statement analysis, financial ratios, and the calculation and forecasting of firm free cash flow. Session 3: Advising the Organization: Advanced Issues in Corporate Governance - Balancing the roles and responsibilities of the board of directors, individual board members, and staff can be an interesting exercise in corporate governance. In some cases, the individuals step out of their roles and into governance problems. Session 4: Joint Venture Governance and Business Opportunity Issues - Joint ventures are an increasingly common vehicle for combining businesses. The continuing nature of a joint venture raises unique issues regarding the governance of the joint venture and its relationship to the other businesses of the joint venture partners. Examine alternatives for joint venture governance and the extent to which the joint ventures are obligated (by law or contract) to offer "business opportunities" to the joint venture or each other. These issues are typically addressed when the joint venture documents are negotiated, but operations under even the best documents can present unforeseen issues, including some that arise as a result of subsequent case law. Session 5: Fiduciary Duties of Governing Persons of Business Entities - Explore current issues regarding the fiduciary duties of directors and other governing persons of entities organized in Texas and Delaware. Session 6: Fiduciary Duties of Governing Persons of Business Entities, continued -  Session 7: Taking Cybersecurity Seriously - Nonprofit organizations of all sizes have sensitive information that needs to be protected—and increasingly, organizations need to be ready to respond when (not if) a data breach occurs. In this session, learn about the most recent cyber threats they face, the costs associated with those threats, and what you can do to help protect your organizations in an increasingly insecure landscape. Session 8: Keeping an Eye on Privacy and Data Protection Risks - Gain practical tips for reducing the data privacy and protection risks faced by nonprofits. more »

Total Credit Hours:
8.00 | 1.50 ethics    Credit Info
TX, CA

TX MCLE credit expires: 3/31/2019

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Includes: Audio Paper Slides

$335  

Answer Bar: How to Protect Your Nonprofit (Jan 2018)

Session 1: Texas Nonprofit Law 101 - Hear an overview of the essential characteristics of Texas nonprofit organizations, legal requirements, benefits and restrictions of tax exemption, guiding governance principles and state regulation. Session 2: Governance Literacy - Governance at nonprofit organizations is often not a priority until something goes wrong. Gain practical tips to help board and staff members avoid problems, and review governance topics including fiduciary duties, governing documents, policies, procedures, and the roles of the board, officers, committees, and staff members. Session 3: UBIT Literacy: You’re doing WHAT?? - Hear the basics of Unrelated Business Income, including the definition, exceptions, and issues relating to advertising and sponsorship. Examine how much is too much UBI, plus key traps for the unwary. Session 4: Investment Literacy - Developing and maintaining a successful investment program that supports the mission and withstands challenging market environments requires the right mix of governance and portfolio management discipline. Review the fiduciary underpinnings, board considerations and policies, and key investment concepts that contribute to an effective investment strategy. Session 5: Financial Statements Literacy - Understanding financial statements is the key to understanding the financial health of your organization. Review the basic financial statements (statement of net assets, statement of changes in net assets, and statement of cash flows) and common disclosures. A look at NFP-specific accounting, including donor restrictions, net assets classes, functional expenses, and new guidance. Session 6: Form 990: The Naughty and The Nice - What can be the good and bad consequences for your organization of having its Form 990 publicly available and making audited financials available to funders who request them? Walk through the documents and hear from multiple perspectives on the key things that either worry or reassure them. What are “hot buttons” in Form 990 and audited financials that are likely to attract negative attention? What are signs of sound governance and compliance? What can a nonprofit do to present the best picture of itself? Session 7: ​GC/CFO Roundtable: Risk Management Tools to Prepare for the Unexpected - A discussion on the common risk areas for nonprofits and how to mitigate these risks, including ideas to help nonprofits manage unexpected risks, such as natural disasters and embezzlement. Session 8: Anatomy of an Attorney General Investigation - Explore the various aspects of an investigation of a charitable organization by the Texas Attorney General’s Office. Learn how and why an investigation may be initiated, what to anticipate as part of the investigative process, the potential consequences of an investigation, and best practices for dealing with an investigation. Session 9: Funding Advocacy: A Roadmap for Private Foundations - Take that “no lobbying” language out of your private foundation grant agreements! Or at least some of them. Explore various ways in which 501(c)(3) private foundations may make grants that support lobbying and other types of advocacy. Session 10: Keeping an Eye on Privacy and Data Protection Risks - Gain practical tips for reducing the data privacy and protection risks faced by nonprofits. more »

Total Credit Hours:
9.50 | 0.50 ethics    Credit Info
TX, CA

TX MCLE credit expires: 2/28/2019

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Includes: Audio Paper Slides

$355  

Answer Bar: Dealing with Mineral Rights in Estate Planning and Probate (Jul 2017)

Session 1: The Collision Between Real Estate and Elder Law - Elder law and real estate attorneys prepare documents from different points of view and for different purposes. Explore the different perspectives and learn to solve issues that can arise when dealing with these differences. Session 2: Dealing with Mineral Rights: A Practitioners Guide to Oil and Gas - Learn the basics of oil and gas, including mineral rights, royalties, and executive rights, while dealing with Texas issues and problems in probate, trust, elder care, and other areas. Session 3: Drafting Wills and Trusts for Efficient Administration - Hear a panel of corporate trustee's discuss how they administer the wills and trusts we draft and what they would like to see in our documents. Learn what to do if a beneficiary is pushing too much. Session 4: She Updated Her Forms, and You Won’t BELIEVE What Happens Next - The legislature meets, a judge writes an opinion, and — OMG! We have new laws to deal with! Find out the SEVEN things you NEED to add to your forms RIGHT NOW! Session 5: 10 Pesky Probate Problems - Hear 10 tips for new (and not so new) practitioners addressing various problems which arise during the probate process, such as dealing with collection agencies, taking control of estate property from those without authority, properly allocating rights and liabilities associated with jointly owned property, dealing with the IRS, and other “pesky” problems. Session 6: Probate Procedures & Alternatives - A discussion of whom you represent, fee considerations, options and alternatives to probating a will, what to consider when there is no will, what to look for when reviewing a will, the mechanics of getting to the probate hearing, default and lost will issues, and issues in administering a simple estate. Comprehensive forms will also be provided. Session 7: Deed Drafting in Estate Planning and Probate Contexts - Using the correct deed for a client is essential to prevent future problems. Distinguish the various deeds and which deed is correct in the estate planning or probate context. Session 8: Individual Fiduciaries Gone Wild - Executors, trustees, and other fiduciaries own the highest duties known to law and are held to strict standards of conduct. Explore the inherent risks of serving as an executor or trustee and hear suggestions for fiduciary risk management, defending breach of fiduciary duty claims, and related causes of action. Hear tips for advising clients on the appointment fiduciaries in an attempt to avoid future fiduciary litigation. more »

Total Credit Hours:
5.75 | 0.75 ethics    Credit Info
TX, CA

TX MCLE credit expires: 1/31/2019

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Includes: Audio Paper Slides

$195  

Answer Bar: Going to Trial on an Employment Law Case (Oct 2017)

Session 1: Investigating Sensitive Employment Complaints - The investigation of an employee's complaint may be critical to an employer's only means of avoiding liability. The investigator may be a witness, and the notes may be evidence. Learn how to investigate and document the process. Session 2: The TRO Process Explained - The temporary injunction hearing is the key moment in non-compete enforcement. Get practical tips on what you need to establish, and specifically what constitutes imminent irreparable harm. Session 3: Fight at the TI Corral - The temporary injunction (TI) fight is an essential step in non-compete litigation, but it comes early in the process and litigants can get caught unprepared! Many lawyers express that a case may be won or lost at this early stage.  How does this hearing differ from the TRO hearing? What should litigants do to prepare for success at this critical hearing? What are the anticipated issues and arguments? Learn how to avoid the traps and set yourself up for an effective litigation. Session 4: Trade Secrets: Texas Law and the New Federal Legislation - An in-depth look at the Texas Uniform Trade Secrets Act and new federal Defend Trade Secrets Act, and what they mean for your business. Session 5: Taking Depositions in Business Cases - Strategies for deposition-taking in business cases, including who to depose first, deposing corporate executives, and how to make sure you have the testimony you need in a complex business case. Session 6: Taking the Deposition of a Corporate Representative - Review of the rules and a discussion about practical ways to maximize testimony from a corporate representative. Session 7: Nuts and Bolts When Deposing on Behalf of the Plaintiff - When representing the Plaintiff: essential steps for a successful deposition of defendant’s expert, a witness or the defendant. Session 8: Beating the Expert - Find out how to take an expert’s deposition—how to avoid being intimidated and how to set realistic, attainable goals when you depose the "expert." Session 9: Developing Your Trial Cross Through the Adverse Deposition - Discover effective techniques for getting the answers you need from an adverse witness. Session 10: Witness Preparation - Witnesses win cases—and lose them. Learn how to keep your witness from giving it all up in a deposition and how to use the deposition to help prepare your witness to be a winner at trial. Session 11: What's New in Seeking, Getting, and Using Discovery - Learn what you need to know about keeping up with advances in electronic discovery, social media, and changes to the state and federal rules. Session 12: Communication with Adverse Parties - How can communicating with adverse parties minimize or maximize your effectiveness as an advocate, affect client service, and impact staff morale? It is not uncommon for the lofty ideals of legal professionalism to fade alongside the more instinctive goal of winning for our clients by using words or actions to crush our opponents. But using words to unnecessarily embarrass or demean can change how others perceive you, affect the willingness of your opponent to cooperate, and most importantly, may violate the rules of professionalism. Review the rules that speak to how we communicate with adverse parties, and the practical consequences of ignoring those rules. Session 13: Bad Lawyering Caught on Tape - An entertaining and educational review of some of the best deposition misconduct tapes found online. As you watch video clips documenting attorneys who mistreat others, discredit themselves and mock their licenses, explore better ways to maintain decorum and ethical conduct. Armed with the Texas Disciplinary Rules and Lawyer's Creed, sort through what happened, what it means and how you can be different. Session 14: Lawyer Disqualification: Recent Developments & Practical Tips - Motions to disqualify counsel continue to proliferate. Consequences can be severe for lawyers and clients. The client can lose counsel of choice, and the lawyer can lose the client and potentially face liability claims and disciplinary problems. Review recent disqualification decisions and discuss practical tips for litigating disqualification motions. more »

Total Credit Hours:
8.50 | 1.75 ethics    Credit Info
TX, CA

TX MCLE credit expires: 1/31/2019

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Includes: Video Audio Paper Slides

$305  

Answer Bar: How to Survive a Criminal Appeal (Jun 2017)

Session 1: Appellate Tips from the Experts - Get a view from both sides of the criminal bar with practical tips on how appellate advocates and appellate courts can make their briefs and opinions interesting, easier to understand, and less likely to inflame the opposing side or losing party. Session 2: Mandamus - Discuss Texas mandamus law in criminal cases, and explore how the cases are litigated at the appellate level. Session 3: Pretrial Writs: Tips from Both Sides of the Aisle - Learn how to raise, litigate, and defend pretrial writs from both the prosecution and defense perspectives. Session 4: False Evidence, Actual Innocence, and 11.073 Writs - Analyze legal issues in actual innocence claims, with particular focus on false evidence leading to wrongful convictions and wrongful convictions based on invalid scientific testimony. Session 5: A Guide To Art. 11.07 Writs of Habeas Corpus and Other State Writs - Hear procedures, issues, and do’s and don’ts pertaining to Article 11.07 and other State writs. Session 6: Nuts and Bolts—Emerging Issues in PDRs - Gain a working knowledge of the procedural rules, optimal structure, and strategies needed to successfully pursue discretionary review, and familiarize yourself with emerging legal issues and trends in the Court of Criminal Appeals. Session 7: The Court’s Charge: Was it Right? Did it Hurt? - Examine jury charge issues that commonly cause error on appeal, including lesser-included offense instructions. Session 8: Michael Morton Act and Brady on Appeal - Explore how to raise and defend disclosure issues in a post-Michael Morton Act world. Session 9: Ineffective Assistance of Counsel - Review how to investigate, develop, and prosecute the most important type of claim in post-conviction litigation, and explore some of the fundamental legal principles associated with it. Session 10: Motions For New Trial - Examine motions for new trial and the rare opportunity they provide to change the course of a conviction or sentence, or alternatively, to develop a better record on appeal. Session 11: Ethics for Post-Conviction Lawyers - Examine the ethical considerations facing attorneys in post-conviction representation. more »

Total Credit Hours:
8.75 | 2.00 ethics    Credit Info
TX, CA

TX MCLE credit expires: 1/31/2019

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Includes: Video Audio Paper Slides

$315  

Answer Bar: LLCs and Partnerships Formation (Jul 2017)

Session 1: 2017 Case Law Update - A survey of Texas and federal cases involving LLCs and partnerships, including LLPs and limited partnerships, and current developments with respect to fiduciary duties and piercing the veil of limited liability entities. Session 2: 2017 Texas Legislative Update - Hear a summary of legislation adopted in the 2017 Texas Legislature that affects partnerships and LLCs and selected other entity-related bills. Session 3: 2017 Secretary of State Update - Discover filing tips, including administrative issues, from the Office of the Secretary of State. Session 4: "Hello"—Inadvertent Partnerships - Partnerships can arise through the conduct of parties. Explore what makes a relationship a partnership and what to do to avoid partnership characterization. Session 5: Effective Engagement Letters and Other Simple Risk-Management Tools - Keeping the client reasonably informed is required under the Texas disciplinary rules of professional conduct, and doing so is good risk management. Examine how effective engagement letters, disengagement letters, and other communications keep the client reasonably informed and engaged, while helping to control the client’s expectations, promoting effective risk management, and reducing the likelihood of legal malpractice claims. Session 6: Model Company Agreements - Walk through refinements to the model agreements for simple limited liability companies, including modifications related to the recent legislative changes to the Texas Business Organizations Code. Session 7: New Partnership Audit Rules—Update and Drafting Considerations - Hear the essentials for drafting new audit rules after the proposed regulations and other developments. Understand how the rules work and what to look for, how the IRS will apply the rules, and how to draft partnership and company agreements with the flexibility to avoid renegotiating and redrafting. Session 8: "Good Bye"—Buy-Outs or Exits - All good (and not so good) things must come to an end.  When owners of an LLC or partnership are ready to part ways, what does one want in the Company Agreement/Partnership Agreement in order to facilitate an orderly exit by the departing owners? Session 9: Nuts and Bolts Ethics for the Business and Transactional Lawyer - Engage in a practical discussion of current ethics topics related to business and transactional law, including conflicts issues, and attorney migration between firms. more »

Total Credit Hours:
7.50 | 2.00 ethics    Credit Info
TX, CA

TX MCLE credit expires: 1/31/2019

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Includes: Video Audio Paper Slides

$265  

Answer Bar: Navigating an International Energy Project (Jul 2015)

Session 1: Overview of an International Energy Project Lifecycle - An overview of a typical international energy project lifecycle from development through decommissioning. Session 2: Petroleum Engineering: Conventional Hydrocarbons - How do we physically explore for, develop and produce hydrocarbons? As lawyers, we must have an understanding of the fundamentals of petroleum activities to accurately draft agreements and effectively provide counsel to energy industry clients. An introduction to different types of offshore and onshore drilling and production systems including FPSOs (floating, production, storage and off-loading vessels) and TLPs (tension-leg platforms). Typical liquefied natural gas (LNG) production facilities (liquefaction, regasification and pipelines) are discussed, with coverage of "high-level" drilling and production facilities and operation cost estimates. Session 3: Unconventional Hydrocarbon Resources - An overview of the geology and geophysics of unconventional hydrocarbon resources including shale. An introduction to the petroleum engineering techniques required to develop and produce these resources. Session 4: Host Country Instruments (HCIs) - A look at the legal regimes used globally for buying, selling, exploring, developing and producing hydrocarbons, including Concession or Royalty/Tax, Production Sharing, Risk Service Agreements and so-called "hybrids;" with a discussion of basic natural resource ownership/title concepts and provisions of various HCIs, including key fiscal and non-fiscal terms. Session 5: International Energy Project Economics - This session is designed to provide a lawyer the basics of energy project economics "101" so that they can better work with their energy industry clients to develop legal options in various deal scenarios that are also "economic." Hear an examination of how we develop project economic models to calculate investor rates of return and other key economic indicators by using facility and operation cost estimates, revenue estimates and Host Country Instrument provisions. The role of "risk analysis" in developing project models and the concept of leverage and how it can impact project economics also is considered. Session 6: Co-Venture Formation and Agreements - Leverage and risk allocation are two factors that frequently lead most international energy projects to be undertaken by more than one co-venture party. This session covers the most common arrangements by which parties acquire interests in energy projects including farmins, farmouts, participation agreements and swaps, with coverage of the fundamental provisions of typical co-venture Joint/Unit Operating Agreements (JOAs) using the AIPN model form as a basis. Session 7: Co-Venture Economics: The Power of Leverage - A discussion of the economic inflection points that occur over the life of an upstream project. Participants work through examples of typical commercial arrangements for farmins and co-venture risk-sharing. Session 8: Co-Venture Operations - Getting into a co-venture can seem easy compared to operating a successful co-venture. This session looks at operational provisions within the industry joint operating agreement framework, including management decision-making and contracting. Session 9: The Globalization of Anti-Corruption - Discussion of risk-based global programs including integrating compliance into the business, analysis of the program through the lens of core program building blocks, using technology to mitigate risk and screen third parties, and keeping up with global legal developments. Session 10: Anti-Corruption Drafting -  Session 11: Ethics and Professionalism in a Global Environment - Ethics and professionalism are being influenced by many factors in today’s global environment. Consider some of these factors, along with areas of commonality amongst the legal ethics rules from a sampling of jurisdictions. more »

Total Credit Hours:
9.00 | 2.00 ethics    Credit Info
TX, CA

TX MCLE credit expires: 1/31/2019

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Includes: Audio Paper Slides

$325  

Answer Bar: Taking on the Car Crash Client (Sep 2017)

Session 1: A Day in the Life of a Car Wreck Defense Lawyer - Discussion about the laundry list of issues that the car wreck defense lawyer can expect to address in a typical day. Session 2: Case Selection-Rejection and How to Manage Client Expectations - Listen to a discussion about what factors go into deciding to accept or reject a case, how to make a case rejection a win/win, and how to manage your practice in terms of client expectations. Session 3: Uninsured and Underinsured Motorist Claims - Learn strategies to present and defend uninsured and underinsured motorist claims. Session 4: Subrogation and Liens - Examine the ever-changing rules regarding Medicare, Medicaid, ERISA, workers' comp, hospital liens, state employees, local employees, and disability plans. Focus on safeguards created by a state law which protects first party and portions of third party recoveries from many insured plans. Session 5: Medical Records - Who is looking for what and why? Learn to analyze, understand, and use medical records to increase pre‑litigation settlement values. Session 6: Negotiating with the Insurance Adjuster - Learn how to maximize case value through preparation and presentation of the demand package. Session 7: The Noble Lawyer and the Ethics of Client Management - Analyze the ethical quandaries of client intake, case selection, and client communications. Learn how to manage healthy and unhealthy client relationships, setting expectations for clients, and withdrawing from bad relationships. more »

Total Credit Hours:
4.25 | 1.75 ethics    Credit Info
TX, CA

TX MCLE credit expires: 1/31/2019

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Includes: Video Audio Paper Slides

$135  

Answer Bar: Taking Your Car Crash Case to Trial (Sep 2017)

Session 1: Accident Reconstruction Deconstructed - Technology and resources available today can allow post-accident physical evidence to resolve many fact disputes about how an incident happened, who was at fault, and reveal potential gross negligence facts. Learn what top experts can do for the right case, what the law allows you to do with this information, and what reconstruction resources are available for more modest value cases. Session 2: Storytelling and Themes - Listen to an experienced practitioner share his stories and experiences on voir dire, trial themes, and opening and closing arguments. Session 3: A View from the Bench - Hear guidance on how to handle jury trials, with emphasis on what needs to be done to ensure the jury is on your side. Session 4: Developing a Winning Deposition Strategy - Learn the fail-safe tricks to ensure you have a winning strategy at depositions. Session 5: Deposition Lessons Learned the Hard Way - Learn how depositions can make or break your case. Session 6: Interactive Demonstration: Deposition How-To's - Identify problems, ask questions, and discuss the tricks and tips of the day! Session 7: Nuts and Bolts When Deposing on Behalf of the Plaintiff - When representing the Plaintiff: essential steps for a successful deposition of defendant’s expert, a witness or the defendant. Session 8: Overcoming the Problem Witness - Acquire the techniques to use against problem witnesses, including those who feign ignorance, are evasive, and are combative. Session 9: Beating the Expert - Find out how to take an expert’s deposition—how to avoid being intimidated and how to set realistic, attainable goals when you depose the "expert." Session 10: Developing Your Trial Cross Through the Adverse Deposition - Discover effective techniques for getting the answers you need from an adverse witness. Session 11: Witness Preparation - Witnesses win cases—and lose them. Learn how to keep your witness from giving it all up in a deposition and how to use the deposition to help prepare your witness to be a winner at trial. Session 12: Dealing with Combative and Unscrupulous Lawyers - How to avoid intimidation and manage the disruptive, disreputable, and overly zealous lawyer in an ethical, civil, and professional manner. more »

Total Credit Hours:
7.00    Credit Info
TX, CA

TX MCLE credit expires: 1/31/2019

Preview
Includes: Video Audio Paper Slides

$245  

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