Answer Bar: Oil, Gas and Energy Agreements and Contracting Essentials

Session 1: Midstream 101: A Primer on Understanding Midstream Contracts and Identifying Key Issues - Explore midstream transactions and the contracts commonly utilized in the industry to gather, transport, and process oil and gas. Work through commercial and regulatory considerations and key issues when drafting midstream contracts. Session 2: Update On Midstream Agreements in Bankruptcy—From Sabine to Southland and Beyond - Many recent E&P bankruptcies have grappled with the characterization of midstream agreements as either contractual rights that can be rejected or real property interests that ride through unaffected. This presentation analyzes the ever-shifting legal landscape, which has seen midstream agreements characterized as both, leading to a widening split in the courts and uncertainty in the industry. Session 3: Emerging and Re-Emerging Issues in the Use of Surface for Oil and Gas Operations - Explore the nature and extent of the implied easement to use the surface, and a framework for analyzing the accommodation doctrine. Also hear a survey of emerging and re-emerging issues involving conflicting uses of the surface estate, including conflicts with renewable projects, saltwater disposal operations, sand mining, and subsurface easements. Session 4: Joint Operating Agreements – Understanding and Application - Understanding the key components of the JOA and a consideration of recurring issues with emphasis on horizontal drilling and allocation wells.  How the JOA works, what doesn’t work, some suggested Article XVI provisions and some new unanswered questions. Session 5:JOA Negotiation: Operator and Non-Operator Perspectives - Review key provisions of the American Association of Petroleum Landmen 610 Model Form Operating Agreement from both the operator’s and non-operator’s perspectives. Session 6: MSA Negotiations - A mock negotiation of a master service agreement with particular attention paid to the insurance and indemnity provisions to ensure an effective risk allocation program. Session 7: A Primer on Oil and Gas Transportation Agreements: Key Issues & Considerations - Explore midstream transactions and the contracts commonly utilized in the energy industry governing the movement of oil and gas from the wellhead to a point downstream for resale or further handling.  Work through commercial and regulatory considerations and key issues when analyzing and negotiating transportation contracts. Session 8: Split Estate Issues (Mineral, Wind, Solar and Water) - Explore competing uses, common conflicts, and potential solutions. Session 9: Make Peace, Not War: Negotiating and Drafting Accommodation Agreements in the Oil and Gas Industry with Wind and Solar Companies - A brief discussion of the basic elements of a comprehensive accommodation agreement, which shall include pitfalls to avoid in drafting such agreements, as well as an overview of typical accommodation issues and how best to resolve them. Session 10: Communication with Opposing Counsel and Landowners - Common law rules, the fields of tort and contract, as well as rules of professional ethics, govern a lawyer’s or landman’s negotiations on behalf of a client.  By remaining mindful of these rules, including how the rules differ depending on whether you are negotiating with opposing counsel or a landowner, you can stay out of trouble and better serve your client. Session 11: 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.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 7.50 hrs | 1.75 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 9/30/2023
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    Answer Bar: Oil, Gas and Energy Agreements and Contracting Essentials
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$265   Add to Cart
Answer Bar: Handling Employee Investigations in Today's Workplace

Session 1: Investigative Triggers and Internal Investigations - In-house counsel will experience matters that may implicate potential government involvement; like hotline complaints, whistleblowers, or compliance clues. Hear a discussion on the fundamentals and best practices for internal investigations, communications with corporate leadership, and avoiding gatekeeper ethics and liability snares. Session 2: Handling and Responding to an Investigation (When Your Employees Are Remote) - As a result of the COVID-19 pandemic, many companies have transitioned important business functions from in-person to fully remote. Discuss key practical issues for companies to consider when carrying out investigations in the remote working environment. Session 3: Whistleblowers - A plaintiff-side and defense-side lawyer discuss protections and pitfalls for individuals and employers under state and federal whistleblower statutes. Session 4: The New Landscape for Sexual Harassment Claims in Texas - Texas lawmakers have recently expanded the protections for employees asserting sexual harassment claims. Analyze the new longer statute of limitations, broader definition of employer, potential individual liability, heightened duty to respond, and more. Session 5: Employee Activism and Workplace Political Speech - Analyze legal and practical implications of employee activism and political speech including best practices for employee training, policy development, and navigating related day-to-day workplace realities. Session 6: Age Discrimination: A New Kind of Generation Gap - The Age Discrimination in Employment Act (ADEA) just celebrated the 50th anniversary of its enactment. With an aging baby boomer population, employees working past traditional retirement age, and millennials moving into management positions—these issues are more important than ever. Discuss strategies for managing multi-generational workforces and preventing age discrimination claims. Session 7: Combatting Hostile Environments: Risks of “Workplace Civility” Policies - Anti-harassment policies that prohibit only conduct that is strictly unlawful do not go far enough to guarantee a respectful workplace for employees. But broadly-drafted policies that require civility in workplace interactions can have unintended consequences. Examine the pros and cons of policies that go beyond unlawful behavior, and what they can mean for you and your clients. Session 8: 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 9: Recent Developments and Best Practices in Diversity and Inclusion - Review best practices in diversity and inclusion, with a specific focus on the evolving impact of the pandemic (health and racial). Session 10: How to Be an Ethical Ally (When You Work with a Bunch of Attorneys) - Are you a person who notices inequities around you? Do you want to respond when you see or hear another person being slighted? Do you work with a bunch of attorneys? If you said "yes" to any of these questions, then this is the ethics presentation is for you. We'll dive into some common biases sometimes seen in law firms and legal departments and discuss how you can effectively interrupt these biases by being an ally to your peers and to your profession.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 6.75 hrs | 2.00 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 8/31/2023
  • show rating
    Answer Bar: Handling Employee Investigations in Today's Workplace
    3.75 out of 5 stars
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$235   Add to Cart
Answer Bar: Maximizing Technology in Your Law Practice

Session 1: The Duty of Technology Competence - Understand the importance of technology competence for your practice and the ethical obligations to be competent. Explore the current landscape and recent decisions in this area, as well as common problem areas for attorneys. Session 2: Data Analytics: The Answer to Your Law Firm's Innovation Efforts - 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 3: Is Your Bot Bigoted? The Looming Risks of Bias in AI and ML - Join Heather and Amit as they explore the basics of AI and ML, the challenges in avoiding bias in these technologies, the current landscape of legal claims, and best practices for avoiding liability and harm. Join us to learn about this growing area, even if you are new to the world of AI and ML.  Session 4: Conducting Cost-Effective E-Discovery and the Use of Technology Assisted Review (TAR) - Examine how technology-based processes, specifically technology assisted review (TAR), can be cost-effective and efficient solutions for e-discovery in litigation. This session highlights situations where TAR is often the preferred tool over attorney review and flags times that it is not, and discusses how to address contentious issues that may arise in TAR-related negotiations with opposing counsel. Session 5: Avoiding Ethical Issues with Lawyers' Use of Social Media - The world of social media has engulfed us all. Not only has it transformed our society, but it has worked its way into every legal field as well. Discover the ethical issues facing you as attorneys—and that of your clients—in this social media age. Session 6: Communication - Attorneys have a duty to keep client communication secure. Get practical tips on conducting communication with the courts or with opposing counsel, as well email filtering and its impacts on communication including filing deadlines, etc. Session 7: Cybersecurity and Protecting Against Cyber Scams - An informative program about the legal standards that govern a compliant cybersecurity program as well as an update about the ethical duty of technology competence that affects all Texas lawyers.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 5.00 hrs | 3.75 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 8/31/2023
  • show rating
    Answer Bar: Maximizing Technology in Your Law Practice
    4 out of 5 stars
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    Jason Boulette - he is just too good. Love hearing him speak any time I can!

$165   Add to Cart
Answer Bar: Considering a Special Needs Trust

Session 1: Public Benefits Overview and Key Concepts - Hear an overview of the different public benefits programs that may impact a special needs client, and explore Texas-specific waivers as well as federal and state regulations. Session 2: Special Needs Trusts 101: The Basics - An overview of the basics of special needs trusts and public benefits including selection of appropriate trust option, pitfalls to avoid and case examples.  Session 3: Maximizing Public Benefits - Review the basics of SSI, Medicaid and other disability benefits that trustees must know and protect; and catch up on recent changes and trends affecting trust beneficiaries who depend on those benefits. Session 4: ABLE: Updates and Real-Life Application - Find an overview of Achieving a Better Life Experience (ABLE) accounts and their utility in trust administration and planning. In coordination with Special Needs Trusts (SNTs) ABLE accounts can provide autonomy and expansion of permissible purchases for beneficiaries. Hear real life examples of how SNTs and ABLE accounts work together. Session 5: Initial Client Meeting Guidance and Resources - Exploring the art of focusing client appointments and staying on track. Session 6: 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 7: Reporting a Trust - Address practical steps in determining when, how, and to whom special needs trusts should be reported. Session 8: Pooled Trusts: Your Answer to Transfers and Over 65 Strategies - Is the size of a trust no longer economically feasible? Are you worried about a transfer of assets penalty? A pooled trust sub-account be a better fit! Discuss transfers from a D4A to a D4C, the authority, the pitfalls and the successes. Solutions for people over 65 who need a self-settled SNT are limited but a pooled trusts and the “half-a-loaf” strategy may be considered as an appropriate option. Session 9: SSA Regional Trust Leads Presentation Regarding SSI Trusts - A discussion with the Regional Trust Leads on the SSI trust review business process, including field office technician and Office of the General Counsel roles. Hear the latest information regarding recurring drafting mistakes. Session 10: SSI Application Process for Children and Adults - The SSI application process is deceptively simple. However, there are several things applicants should keep in mind to possibly strengthen their claim or at a minimum make the process as efficient as possible. Explore the basics about the SSI process getting a claim started. Session 11: Masters of SNT—What I Know Now That I Wish I Had Known Back Then - Four of our most experienced SNT attorneys share what they have learned that they don’t usually talk about on microphones: how they have found the work they love; developed a passion for forms and systems; attracted and selected the best clients; built supportive and inspiring networks; and learned from their mistakes.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 8.50 hrs | 1.25 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 4/30/2023
  • show rating
    Answer Bar: Considering a Special Needs Trust
    4 out of 5 stars
    What was the overall quality of the course (presentation, materials, and technical delivery)?
    Rate the overall teaching effectiveness and presentation skills of faculty for the course.
    How would you rate the value of the materials provided as part of the course?
$305   Add to Cart
Answer Bar: Elder Law and Medicaid Essentials

Session 1: Medicaid Update - Latest developments affecting planning and applications for Medicaid to pay for nursing home care and home care, including policies exempting certain retirement accounts from countable assets, how to deal with barriers to Medicaid home care, and status of Lady Bird Deeds and Transfer on Death Deeds Session 2: Overview of Medicaid Planning - What non-elder law attorneys need to know about planning for long-term care.  Session 3: The View from 30, 000 feet – Medicaid Myths All Attorney's Should Know - Join Stephanie as she explains Medicaid and Medicare mythbusting and challenges common misconceptions about: MERP, Medicaid, and Medicare, as well as protecting the home and other assets with Transfer on Death Planning and Couples Planning for Medicaid. Session 4: Drafting for Incapacity Definition in Trusts and Powers of Attorney - Examine the commonly-used definitions of incapacity, individually-created definitions of incapacity, and the pros and cons of using common definitions versus creative language. Session 5: Advising Clients Nearing 65 - Turning 65 can be a watershed event in our client's lives. They face many decisions about retirement, concerning Medicare, Social Security, and estate planning. Get tips to help you prepare to advise your clients about some of these important decisions.    Session 6: Top Ten Medicaid Estate Recovery Issues - 2019 and Forward - Texas Health and Human Services Commission and Office of Inspector General-MERP resolved several MERP issues in 2019 and early 2020 but there are still outstanding issues that must be addressed by practitioners. The author will provide an overview of changes and suggested good practices in resolving MERP issues. Session 7: Role of the Guardian - Examine the duties and responsibilities of a guardian under Texas law and guardianship administration, from initiation to closing, including the code requirements of selling and leasing property, ethical issues, and more. Session 8: Alternatives to Guardianship Including Support Services - Exploring the range of supports and services and alternatives to guardianship and a decision tree to determine the necessity of a guardianship in the continuum of care, including an update on capacity assessment tools. Session 9: Out of the Woodwork: Unethical Practices by Geriatric Professionals - With the increase of an aging population, comes an increase in service providers willing and wanting to help older adults. Not every professional has the client's best interest in mind. A summary of professionals that may take advantage of clients and how to spot them will be discussed, as well as what type of credentialing the professionals should have. Session 10: Medicaid Matters and Probate Proceedings - Join Stephanie as she explores how to protect homes from the Medicaid Estate Recovery Program [MERP] through probate proceedings, in addition to understanding the basics of protecting homes from the reach of MERP in the first place. Independent administrations may not always be the best choice, particularly in cases where no statutory waivers apply. 

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 7.50 hrs | 2.00 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 3/31/2023
  • show rating
    Answer Bar: Elder Law and Medicaid Essentials
    3.81 out of 5 stars
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    Rate the overall teaching effectiveness and presentation skills of faculty for the course.
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    Highly focused on MERP. Maybe add a bit more on other topics.

    Excellent presentations, great variety

$265   Add to Cart
Answer Bar: How to Protect Your Nonprofit

Session 1: Organized Exclusively for Charitable Purposes: Nonprofit Formation and Formalities from an Accounting and Legal Point of View - This session focuses on start-up considerations, federal and state laws; choice of entity; articles of incorporation and bylaws; and applying for tax exemption. It provides insight on how different legal structures will impact financial statements and metrics. Session 2: Operated Exclusively for Charitable Purposes: Compliance and Operational Considerations and Structuring - This session focuses on the operating and compliance aspects of maintaining 501(c)(3) status, with a focus on permissible and impermissible activities. Session 3: Reporting Obligations for Section 501(c)(3) Organizations - Explore compliance requirements for charitable organizations with IRC section 501(c)(3) status. Provide a framework for the reporting obligations at the federal and state levels. The federal reporting discussion will concentrate on the key reporting items of the Form 990 and when other forms may be required. Discuss the high-level requirements for state registrations for nonprofits, charitable trusts and charitable solicitations. Session 4: IRS and AG Oversight - This session focuses on federal and state oversight and regulation of tax-exempts, regulatory powers and authority, and enforcement issues. Session 5: IRS Audits - An IRS audit won’t happen to my organization, you say—until it does. Audit preparedness should be at the center of any good compliance regime for a Section 501(c)(3) public charity or private foundation, whether you’re audited this year or in 2030. Review the basics of an IRS audit and gain practical advice on preparing for, understanding, managing, and ultimately surviving the audit process. Session 6: Governance in a Time of Crisis - This panel will cover both proactive steps to prepare an organization for crisis and practical guidance for navigating through a crisis. Topics will include fiduciary issues, the tools available to allow board members and officers to exercise their fiduciary duties, the role of the board and management during a crisis, and challenging decisions involving funding and endowment management. Session 7: Charitability and Section 1981 - Understand the legal guardrails for grants and PRIs that – in an effort to advance diversity and inclusion – prioritize or limit eligibility on the basis of race or other protected characteristics. Discuss the pros and cons of race-exclusive grantmaking and PRIs, as well as ways to mitigate the risk of a claim under anti-discrimination laws when making race-conscious grant and investment decisions.    Session 8: Navigating Self-Dealing and Conflicts of Interest in an Increasingly Interconnected Environment - Gain tools and ideas to avoid self-dealing penalties for private foundations. The code provision has some flexibility and exceptions for compensation, co-investing, and family offices, but once an impermissible deal occurs, the cash or property involved must be returned and the penalty cannot be abated. Reasonable cause concepts don’t apply!   Session 9: Professional Opinions and Tax-Exempt Organizations - There are different types and reasons for opinions: comfort (e.g., it’s exempt from UBIT, it’s a program-related investment), contractual condition (e.g., required for a bond offering), escape hatch (e.g., right to terminate joint venture if counsel opines that tax-exempt status is at risk), proper tax reporting (e.g., 990 and 1023EZ), and, the one our clients are often most concerned with, penalty protection (e.g., reliance on a reasoned written legal opinion of counsel – IRC 4941, 4944, 4945, 4958). Address the legal, ethical, comical and practical considerations involved in assessing the need for an opinion, how to arrive at any given “comfort level,” and how much (or little) it takes for a written legal opinion to be “reasoned.” Session 10: Advocacy, Activism, and Equity - Discuss issues confronted by public charities and their private foundation donors in supporting social movements and advocacy. Topics will include grantmaking related to racial justice and DEI efforts; advocacy and activism vs. lobbying and civil disobedience; and political activity, particularly in connection with 501(c)(3)/501(c)(4) coalitions. Session 11: UBTI Therapy Session: Practical Approaches to Tax Reform and UBTI Compliance - UBIT compliance has become much more challenging post-tax reform. Focus on practical methods of addressing those challenges, including obtaining expenses and gathering other data associated with employee parking, separating UBTI into silos, and finding offsets to mitigate additional UBIT. Session 12: Cybersecurity During a Pandemic: What To Do Now To Help Protect Your Organization Against Cyberattack - Organizational cybersecurity is a significant challenge in normal times. During the pandemic, with limited resources and geographically dispersed staff, including IT and information security personnel, the challenge can feel insurmountable. Discuss the current elevated threat landscape and ways in which nonprofits can improve and bolster their defenses to cyber-attacks, despite the ongoing workplace burdens associated with COVID-19. Session 13: 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.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 12.25 hrs | 3.00 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 3/31/2023
  • show rating
    Answer Bar: How to Protect Your Nonprofit
    3.75 out of 5 stars
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    Rate the overall teaching effectiveness and presentation skills of faculty for the course.
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    This was a new area for me. The information was presented in a very understandable manner. First rate.

    Wish there were more papers and details. felt was SO top end more like reminder of outline without solid practical legal substance.

$455   Add to Cart
Answer Bar: Navigating a Renewable Energy Project

Session 1: Top 10 Issues to Ensure Your Renewable Energy Lease is Financeable - Cover key issues needing to be thoughtfully considered when drafting a renewable energy lease and/or easement agreement. These 10 issues are those lenders would carefully evaluate when reviewing executed site control agreements prior to closing on a financing transaction to lend funds to a developer for construction of a renewable energy project. Session 2: Renewable Energy Project Development Essentials - Learn about the fundamentals of renewable energy project development, from real estate and permitting to regulatory considerations. Session 3: Key Differences between Leases for Solar, Wind and Energy Storage Projects - The type of project being developed can substantially change the terms of long-term real estate agreements. A discussion of the legal provisions required by different kinds of renewable energy projects, as determined by differing uses in land, natural resources, and infrastructure. Session 4: ALTA Title and Survey Basics, Practice Tips and What’s New in 2021 - A primer on mitigation of development and project risk through title and survey diligence and title coverage, including endorsements to title coverage, practical tips on variances in title pricing and practice across jurisdictions, and an overview of 2021 ALTA promulgated owner’s policy and loan policy forms and 2021 ALTA survey standards. Session 5: ERCOT 101 Market Overview - High-level discussion of the key principles of the ERCOT energy markets. Session 6: What's New? Federal Energy Update - Hear a lively update on developments affecting the renewable energy market. Session 7: Issues and Compliance for Renewable Projects relating to Executive Order on Securing the US Bulk Power System - Executive Order 13920 is intended to address national security threats by foreign adversaries to the U.S. bulk-power system. Explore challenges facing developers posed by the Executive Order’s restrictions on sourcing of power system equipment.  Session 8: Utility-Scale Battery Storage - Revenue Streams and Project Considerations - In this moderated discussion with the CEOs of two leading stand-alone energy storage developers, we will explore the revenue streams being pursued in different ISOs and the types of offtake agreements that can be utilized for stand-alone energy storage.  We will also discuss other considerations in project development and financing tied to revenue generation such as siting, interconnection, procurement, and finance structures.   Session 9: An Overview of Key Provisions in Solar EPC Agreements - The engineering, procurement, and construction contract is a critical agreement in the development of solar energy projects. Dive into an overview of some of the key provisions in these types of agreements from the perspectives of the owner, contractor and financing parties. Session 10: Mineral Estate Issues in Solar Projects - Analyze mineral, title, and site control considerations in solar projects and provide a general overview of some of the mineral and title issues faced in these projects. Hear an update from a Texas case addressing the accommodation doctrine with mineral owners in Texas, risk mitigation factors to address mineral and title issues, and best practices to keep in mind in dealing with these issues. Session 11: Conflicts of Interest in Renewable Energy - Using hypotheticals, this interactive presentation will address conflicts of interest that can arise when renewable energy deal participants arrange for a joint representation, enter into a common interest agreement, create a joint venture, or otherwise work together.  

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 7.00 hrs | 1.00 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 3/31/2023
  • show rating
    Answer Bar: Navigating a Renewable Energy Project
    3.36 out of 5 stars
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    Rate the overall teaching effectiveness and presentation skills of faculty for the course.
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$245   Add to Cart
Answer Bar: New Boardmember Basics for Tax-Exempt Organizations

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: Financial Statement Essentials - Not-For-Profit entities are issuing financial statements in newly prescribed formats, with an emphasis on resource availability and comparability between entities. Understand the key items to be able to understand the financial story of the financial statements. Review the basics of NFP financials and learn how to leverage the new formats for basic analysis. Session 3: Governance in a Time of Crisis - This panel will cover both proactive steps to prepare an organization for crisis and practical guidance for navigating through a crisis. Topics will include fiduciary issues, the tools available to allow board members and officers to exercise their fiduciary duties, the role of the board and management during a crisis, and challenging decisions involving funding and endowment management. Session 4: IRS and AG Oversight - This session focuses on federal and state oversight and regulation of tax-exempts, regulatory powers and authority, and enforcement issues. Session 5:  Advocacy, Activism, and Equity - Discuss issues confronted by public charities and their private foundation donors in supporting social movements and advocacy. Topics will include grantmaking related to racial justice and DEI efforts; advocacy and activism vs. lobbying and civil disobedience; and political activity, particularly in connection with 501(c)(3)/501(c)(4) coalitions. Session 6: Cybersecurity: What To Do Now To Help Protect Your Organization Against Cyberattack - Organizational cybersecurity is a significant challenge in normal times. During the pandemic, with limited resources and geographically dispersed staff, including IT and information security personnel, the challenge can feel insurmountable. Discuss the current elevated threat landscape and ways in which nonprofits can improve and bolster their defenses to cyber-attacks, despite the ongoing workplace burdens associated with COVID-19.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 5.75 hrs | 1.00 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 3/31/2023
  • show rating
    Answer Bar: New Boardmember Basics for Tax-Exempt Organizations
    4.07 out of 5 stars
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    Rate the overall teaching effectiveness and presentation skills of faculty for the course.
    How would you rate the value of the materials provided as part of the course?

    I thought the presentation on cybersecurity was excellent

    Update to 2022

$195   Add to Cart
Answer Bar: Going to Trial on an Employment Law Case

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: Whistleblowers - A plaintiff-side and defense-side lawyer discuss protections and pitfalls for individuals and employers under state and federal whistleblower statutes. Session 3: Depositions in Business Litigation - Discuss strategies for securing the testimony you need in complex business cases. Session 4: 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 5: Deposing for the Defendant - Effective deposition preparation and technique help achieve the dual goals of securing important admissions and discovering the Plaintiff’s case such that the Defendant is not surprised at trial. This topic covers best practices for both aspects of taking depositions on behalf of a defendant. Session 6: 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 7: Corroborating Evidence: It’s Not Just a Swearing Match - Workplace disputes dismissed as “he-said, she-said” very often are in reality “he-said, she-said” plus some other evidence says. What is corroborating evidence to courts and juries in workplace discrimination and harassment cases? Session 8: Anti-SLAPP for Everyone! - More and more states are adopting Anti-SLAPP legislation, and the broad approach taken by Texas under the TCPA suggests that even a tangential relationship between the communication and a matter of public concern is sufficient. So what is an attorney to do? Review the elements and limits of Anti-SLAPP litigation, and make sure you are prepared the next time a slap is on the horizon. Session 9: 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 10: Class Action Employment Litigation: What's Left and What's New - Dukes, Epic Systems, and many other cases in the past decade have made class litigation extremely difficult in employment cases. Nonetheless, government agencies and private litigants are still filing a variety of class action discrimination cases and the prevalence of wage‑hour collective actions remain strong. Discuss the status of class and collective action employment litigation with a focus on recent developments impacting both the plaintiffs’ and defense bars. Session 11: Settlement Documents: Lessons to Learn - Optimizing separation agreement and settlement language to protect client assets, compliance with restrictions on confidentiality provisions, and avoiding hidden “gotcha” mistakes. Session 12: Top Drivers of Large Employee-Plaintiff Verdicts - What happens at the workplace, before litigation, that drives large employee-plaintiff verdicts? What happens during the lawsuit that drives large employee-plaintiff verdicts? Understanding these drivers can help those on the worker-side develop a case toward a large verdict and help those on the management-side take action to avoid or limit a large verdict. Session 13: Ethics for Employment Attorneys: Am I Your Lawyer? - Explore the point at which an attorney-client relationship forms, with particular reference to employment attorneys on both the plaintiff and defense side. Discussion includes casual conversation, client intake, the effect and importance of disclaimers, and the risk of individual representation of corporate agents.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 8.50 hrs | 2.00 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 2/28/2023
  • show rating
    Answer Bar: Going to Trial on an Employment Law Case
    3.55 out of 5 stars
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    Rate the overall teaching effectiveness and presentation skills of faculty for the course.
    How would you rate the value of the materials provided as part of the course?
$305   Add to Cart
Answer Bar: LLCs and Partnerships Formation

Session 1: 2021 Case Law Update - A survey of recent Texas cases addressing significant issues (fiduciary duties, piercing the entity veil, and more) in the context of LLCs and partnerships (including limited partnerships and LLPs). Session 2: Texas Legislative Update - Hear a summary of non-tax legislation that has been adopted in the 2021 Texas Legislature that affects partnerships and LLCs and selected other entity-related bills, including amendments to the TBOC and TBCC and a brief summary of the Texas business courts bill. Session 3: 2021 Secretary of State Update - Learn about filing tips and resources that will make your transactions with the Secretary of State easier and more predictable; hear updates on notable legislation. Session 4: Letters of Intent and Side Letters (Enterprise Products) - On January 31, 2020, the Texas Supreme Court issued its opinion in Energy Transfer Partners, L.P. v. Enterprise Products, L.P., an important case about when a business relationship is deemed to be a partnership under Texas law. Learn about this case and what it means for structuring and drafting agreements for business relationships. Session 5: Model Agreements for Closely Held LLC’s - Company agreements for LLC’s come in all shapes and sizes and it is sometimes hard to know where to turn to create an operating agreement for a new LLC. Hear a discussion presenting three model agreements tailored for a closely held company and walk you through decisions that the authors made in drafting the agreements to help improve your drafting skills and result in better operating agreements. Session 6: Provisions Limiting Liability and Duties in Partnership and Company Agreements - This panel will discuss the effectiveness and limitations on provisions of partnership and company agreements which provide for the modification of duties, exoneration from liability and indemnification with respect to claims against managers, members and other employees and agents.   Session 7: "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 8: Inadvertent Partnerships Revisited - Hear an update on inadvertent partnerships after the Dallas Court of Appeals decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P. Session 9: "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 10: Effective Engagement Letters and Other Simple Risk-Management Tools - This ethics CLE presentation will look at engagement letters and how they can be used as a risk management tool. Along they way, the presentation will provide practical tips to help lawyers avoid conflict of interest pitfalls and to assist in controlling client expectations about the scope of the representation. Session 11: Multiparty Representation —Entity Formation - A deep-dive into the knurly problems of multi-party representation of start-up companies, including whether the client is the founder or founders or the company is yet to be formed. The ethical difficulties for the lawyer continue after formation as the company and its founders, directors and officers move beyond formation of the entity into the realm of operations.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 9.00 hrs | 2.00 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 2/28/2023
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    Answer Bar: LLCs and Partnerships Formation
    4.24 out of 5 stars
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$325   Add to Cart
Answer Bar: Taking on the Car Crash Client

Session 1: A Day in the Life of a Car Wreck Defense Lawyer - Discuss the laundry list of issues that the car wreck defense lawyer can expect to address in a typical day. Session 2: First Contact, Case Evaluation, and Client Expectations - Learn how to assess who has a claim, potential conflicts, how to evaluate the potential liability, damages, and costs of the case, and how to manage your client's expectations about their case. Session 3: Investigation and Insurance - Examine critical aspects of the crash investigation, including the identification of potential parties and the myriad of potentially applicable insurance coverages. Session 4: Important Cases in the Prosecution and Defense of UM / UIM Cases - A review of recent cases impacting UM/UIM cases and the strategies for prosecuting and defending uninsured and under-insured motorist claims. Session 5: Injury Causation in Low Property Damage Cases - Hear from plaintiff and defense attorneys on best practices for assessing injuries in low property damage cases, including a review of the rationale behind these assessments. Session 6: Medical Specials: The Defendant’s and Plaintiff’s Perspective - This presentation navigates the new changes and recent case law challenges regarding CPRC 18.001. Learn what to file and what to argue, including an overview of both the defendant’s challenges and the plaintiff’s defense of 18.001 affidavits. Session 7: Notice to Potential Defendants and Pre-Suit Demands - Review what to include in your pre-suit demand, as well as how to provide notice to potential defendants and their insurers. Session 8: Pre-Suit Settlement - Discuss considerations such as IOLTA requirements, liens and subrogation, and the potential net to your client. Session 9: Subrogation and Liens - The choice is yours: go crazy trying to learn subrogation and liens on your own; commit malpractice by giving away your client’s money; or learn Medicare, Medicaid, worker’s comp, ERISA, hospital liens, child support liens, and self-funded vs insured in one relatively painless seminar. Choose door number 3! Session 10: Negotiating with Insurance Adjusters - Learn how to maximize case value through preparation and presentation of the demand package. Session 11: Routine Ethical Issues for the Car Crash Trial Lawyer - This presentation addresses the everyday ethical issues that arise in the prosecution and defense of personal injury cases.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 7.00 hrs | 1.50 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 2/28/2023
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    Answer Bar: Taking on the Car Crash Client
    4.5 out of 5 stars
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$245   Add to Cart
Answer Bar: Taking Your Car Crash Case to Trial

Session 1: Trial Preparation 101 - Stressed in trial prep and at trial? Inevitable? Yes. Manageable? Absolutely. Learn tips and strategies from an experienced plaintiff and defense attorney for developing a case and preparing for trial. Session 2: View from the Bench: Trial Basics - Hear observations and guidance from a trial judge. Session 3: 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 4: Using the Evidence You Have to get the Causation You Need - Cost-efficient ideas on how to use evidence, witnesses and other available resources to prove liability and injury causation without having to pay an expert.   Session 5: Storytelling and Themes - The power of a simple story, it can transform the room, transform your audience, transform you. Session 6: Stowers and Insurance Bad Faith in Car Crash Cases - This presentation provides basic background and advanced practice tips on how to prepare and leverage Stowers and insurance bad faith claims in car crash cases. Session 7: Assessing and Proving Mental Anguish Damages in Personal Injury Cases - A practitioner’s guide to assessing and presenting evidence of compensable mental anguish damages in deposition and trial. Session 8: Trying the Car Wreck Case from the Defense Perspective - A defense lawyer's opinion about why cases are lost. Session 9: Developing a Winning Deposition Strategy - Discuss the fail-safe tricks to ensure you have a winning strategy at depositions. Session 10: Overcoming the Problem Witness - How to handle the difficult witness, yours or theirs. Session 11: 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 12: Developing Your Trial Cross Through the Adverse Deposition? - Learn to take admission-seeking depositions of adverse witnesses so that they are effectively limited in their testimony at trial. Session 13: Preparing Your Witness for Deposition - 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 14: She Said, He Said: Plaintiff and Defense Perspectives on Damages - A plaintiff and defense attorney examine ways to prove, present, argue, and counter damages found on a typical jury charge in a car crash case. 

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 8.75 hrs
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 2/28/2023
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    Answer Bar: Taking Your Car Crash Case to Trial
    5 out of 5 stars
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$315   Add to Cart
Answer Bar: Young Attorney Challenges (Ethics)

Session 1: Life and the Law: Ethical Issues Facing the Young Lawyer - Explore the potholes and sharp curves that await the beginning trial lawyer on the road to a successful litigation practice, through the characters and plot of a recently published novel about a young personal injury lawyer practicing in Houston. Session 2: The Disciplinary Process - This presentation covers the disciplinary process, some tips on responding to a grievance, and some of the common rule violations. Session 3: How to Ethically Build Diverse Relationships in the Legal Profession - Law is one of the most relational and least diverse professions in the country. Learn how to ethically address and overcome the challenges of building diverse relationships in the legal space. Explore a guide for attorneys through the pitfalls of achieving meaningful diversity and inclusive relationships in their practice, discuss tools to intentionally build and strengthen diverse relationships, and receive practical techniques to make your practice a safe and inclusive place for the diverse and non-diverse to work together.  Session 4: Technology Use and the Ethics that Come with It - The 2020 Covid 19 pandemic forced dramatic changes in practice styles, with most lawyers and their clients shifting from working in offices to working remotely from home.  Technology was at the center of these changes with “Zoom” meetings, “e-signing,” “e-filing” and related technologies playing an even more critical role in the practice of law. This panel of ethics experts will examine the issues raised by these practice shifts, including discussion of alternative technological methods of service in litigation and potential waiver of attorney-client privilege due to the misuse of technology. Session 5: Ethics of Social Media - The world of social media has engulfed us all. Not only has it transformed our society, but it has worked its way into every legal field as well. Discover the ethical issues facing you as attorneys—and that of your clients—in this social media age. Session 6: Resilience: How to Survive and Thrive in a High Stress Practice - Why do some people handle stress and rebound from failure better than others? We will discuss the skills and practices developed by the US Army to combat depression, fight off PTSD, and handle high stress engagements and jobs, … like being a lawyer. Session 7: Lawyer Wellness - Get evidence-based strategies to help navigate the stress of our extremely demanding profession. Learn how small changes in our daily approach to the practice of law can greatly improve work-life balance.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 5.50 hrs | 5.50 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 2/28/2023
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    Answer Bar: Young Attorney Challenges (Ethics)
    5 out of 5 stars
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$190   Add to Cart
Answer Bar: Litigating the Administrative Law Case

Session 1: Navigating Your Licensing Case Pre-SOAH - Have you ever regretted not pursuing an action or negotiation prior to SOAH? Have you ever thought there might be alternative ways to settle your case prior to SOAH that no one ever uses? And was there ever a time you wished you would have worked-up your licensing case during the agency’s investigation instead of after the SOAH complaint filing? This presentation’s goal is to alleviate these concerns and answer these questions. Session 2: Pre-Litigation: Alternative Means to Resolving Cases before SOAH - A focus on informal proceeding processes at various state agencies to resolve agency investigations. Explore statutory and agency rule authority granting informal resolution of investigations prior to formal proceedings at SOAH. Session 3: Riding the Magic Unicorn: Practicalities of Filing at SOAH and the Travis County District Court - EFiling at the State Office of Administrative Hearings can be a little different from eFiling in the courts. Learn about what SOAH needs to have to ensure your eFiling is accepted. Session 4: Practical Tips for Remote Depositions - An advanced tutorial on remote depositions discussing, among other things, witness preparation, lighting, and curating your space. Session 5: Effective Cross-Examination at SOAH: I Fought the Law... And the Law Won - Teaching English in alternative high schools was the best training Sue ever got as a trial lawyer. She shares her top 10 tips for “winning” at cross-examination.  Session 6: Use and Abuse of Public Security Declaratory Judgment Actions - Chapter 1205 of the Texas Government Code creates an expedited declaratory judgment action regarding public securities and public security authorization. This presentation examines the permissible scope of those actions: how far can they go, and how far is too far? Session 7: The Art of Persuasion: Winning at SOAH - To organize and present an effective case, you need to understand not just the law, but also what will genuinely be persuasive to the judge. Explore effective ways to frame a persuasive case and to organize evidence and arguments to support it. Session 8: Exhaustion of Administrative Remedies - Review the doctrine of exhaustion of administrative remedies with a particular exploration of the impact of the Fifth Circuit's decision in Nidia Heston, et al v. Austin Independent School District, 816 Fed. Appx. 977. Session 9: Judicial Panel -  Engage in an unscripted round-robin discussion, with time for questions from the audience. 

Includes: Video Audio Paper Slides No Materials

  • Total Credit Hours:
  • 6.25 hrs
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 11/30/2022
  • show rating
    Answer Bar: Litigating the Administrative Law Case
    4 out of 5 stars
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    Rate the overall teaching effectiveness and presentation skills of faculty for the course.
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$215   Add to Cart
Answer Bar: The Ins and Outs of Commercial Real Estate Loans and Title Insurance

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: How to Lose a Client With 10 Outdated Loan Provisions! - Discuss and provide drafting solutions for the most commonly outdated and missing provisions in Texas commercial real estate loan documents. Session 3: What is Negotiable in Loan Documents - Discuss issues, motivations and explanations of the loan document provisions that are typically negotiated in a commercial real estate lending transaction. Session 4: Loan Modifications Session 5: Effective Risk Management - A text book on the three legged stool – indemnity, insurance, and waivers of subrogation – contractual provisions for risk management. Also hear about mutual waivers and how to structure indemnities when a mutual waiver is provided, certificates, and self-insurance. Session 6: Arrows in the Quiver: Remedies for Commercial Real Estate Secured Loans - Review of potential remedies available to enforce and collect commercial real estate secured loans. What are the requirements? What are the pros and cons?      Session 7: HVCRE Changes and Other Federal Codes, Restrictions and Guidelines to Commercial Real Estate Lending - Hear an update on HVCRE, as well as those other important – but often unknown – federal codes, guidelines, and restrictions that impact commercial real estate lending, and get drafting suggestions to make sure your documents stay up to date. Session 8: FinTech and the Changing Landscape of Mortgage Lending - Fintech lenders have entered the market with a focus on driving efficiencies, technology-first processes, and streamlined operational workflows – all aimed at guiding consumers through a one-stop-shop transaction. Fannie Mae will discuss the ever-changing mortgage landscape and it’s disruption by Fintech lenders.    Session 9: Title Insurance Update - Gain insight on what we learned from the recent pandemic and the New 2021 ALTA Commitment and Policies. Session 10: Survey & Title Review: Guidelines, Objections, Solutions, and Closing Instructions - Explore checklists for surveys, title commitments, and exception documents. Gain insight on sample objections, solutions and potential endorsements, and closing requirements. Session 11: Practical Advice for Cleaning Up Title Issues - Title issues are common creatures, and there are often straightforward ways to resolve them. Get practical advice on clearing title issues quickly and efficiently. Session 12: Escrow Agreements with Title Companies for Post-Closing Matters - An overview of the role of an Escrow Agent, types of Escrow Agents, escrow provisions of Contracts and the use of Post Closing Agreements.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 7.00 hrs | 0.25 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 10/31/2022
  • show rating
    Answer Bar: The Ins and Outs of Commercial Real Estate Loans and Title Insurance
    4.36 out of 5 stars
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    Hopefully this year will be back in person

    Excellent choice of topics and very useful presentations and materials.

$295   Add to Cart
Answer Bar: Dealing with Mineral Rights in Estate Planning and Probate

Session 1: Estate Planning 101 - A very practice oriented nuts & bolts overview / how-to / to-do for basic estate planning, from the initial contact, planning conference & terms of engagement, to the signing ceremony, exit letter & beyond, with forms, options and insights for what is and is not appropriate depending on the circumstances. 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: Fixing Real Estate Headaches: Deeds, Trusts, and Title Issues - An overview of how to identify and address real estate issues unique to estate planners such erroneous deeds (possibly from years ago), chain of title errors, lost trusts, and more. Session 5: Real Estate Owned with Others - An overview of the newly passed Uniform Partition of Heirs Property Act (UPHPA) and how it can impact the severance of jointly owned property.   Session 6: 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 7: 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 8: 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 9: 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.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 6.25 hrs | 0.75 Ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 2/28/2023
  • show rating
    Answer Bar: Dealing with Mineral Rights in Estate Planning and Probate
    4.93 out of 5 stars
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    Great course!

$215   Add to Cart