eCourses are individual online courses from renowned presenters at our live conferences. Learn via audio or video, receive the supporting materials, and fulfill MCLE requirements at your convenience with the best content available!
These courses are CLE accredited in Texas and California, with some accredited in Oklahoma.
If you need credit for an eCourse in other states please read through the disclaimerbefore purchasing an eCourse to make sure you will be able to self-report your MCLE credit after completion of the eCourse
Explore some of the top issues or common “missteps” that can get small-firm/solo practitioner trial attorneys into trouble, as well as the critical importance of being “selfish” about your own health and fitness avoid malpractice. more »
Listen to a discussion about how the Texas sales tax rules apply in the confusing high tech world, which addresses the prominent issues in software: writing code, modifying existing software, licensing to multi-state users, live and remote technical support, and troubleshooting. more »
Understand the Texas sales tax issues prominent in the Oilfield Services industry. Gain a working knowledge of Texas’ sales tax rules as they apply to various phases of the Oilfield Services process from seismic analysis, the acquisition and preparation of drilling sites, drilling and completing the well and those related to a producing oil field. more »
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 - Listen to a discussion about 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: Actual Innocence Claims 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 - Examine procedures, issues, and do’s and don’ts pertaining to Article 11.07 and other State writs.
Session 6: Emerging Issues in PDRs - Listen to a discussion about significant and emerging issues pending in the Court of Criminal Appeals.
Session 7: Preservation of Error and Standards of Review - Understanding how the Court evaluates the preservation of error on appeal is essential for any practitioner. Explore how the Court approaches different rights, and how this approach impacts your appeal.
Session 8: 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 9: Morton Case Law Update - Analyze significant decisions handed down since the Michael Morton Act was enacted and discuss what they mean for the prosecution and defense.
Session 10: “Brady” Case Law Update - Explore the practical application of Brady v. Maryland, Article 39.14, and Disciplinary Rule 3.09(d), recent case law, and emerging issues under those ethical provisions.
Session 11: 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 12: Prosecuting and Defending Motions for New Trial - Review the various uses for a motion for new trial including the procedures for filing a motion after trial and on appeal with perspectives from both a prosecutor and a defense attorney.
Session 13: Ethics for Post-Conviction Lawyers - Examine the ethical considerations facing attorneys in post-conviction representation. more »
Session 1: 2018 Case Law Update - Learn what Texas courts have said during the past year about important issues (fiduciary duties, piercing the entity veil, and more) in the LLC and partnership context.
Session 2: Federal Tax Update - Review rate considerations when considering entity selection, bonus depreciation considerations in planning acquisitions, new limitation on business losses, and other changes to the federal income tax law to consider when forming and structuring transactions under the Tax Cuts and Jobs Act of 2017.
Session 3: 2018 Secretary of State Update - Get a practical overview of the new entity name standard, hear filing tips, and learn about other administrative issues from the Office of the Secretary of State.
Session 4: To C or not to C? Entity Selection in the New Tax Age - Tax reform enacted in 2017 changed the tax treatment of business entities, including a reduction in the corporate rate and a new deduction for partners, and brings new considerations into play when choosing or changing the form of doing business. Listen to a discussion about the operation of the new rules that may influence your selection now, when and why pass-through entities may still be the right choice and how and when multi-entity structures may be useful.
Session 5: 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 6: Drafting Partnership and LLC Agreements for the New Partnership Audit Rules - 2018 ushers in a paradigm shift in the IRS's approach to partnership audits. Hear these new rules explained at a high level and review sample language to include in partnership and LLC agreements to account for these new rules.
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 - 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 11: Nuts and Bolts Ethics for the Business and Transactional Lawyer - Listen to a practical discussion of current ethics topics related to business and transactional law, including conflicts issues, and attorney migration between firms. more »
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: 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: Uninsured and Under-Insured Motorist - Learn strategies to present and defend uninsured and underinsured motorist claims.
Session 5: 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 6: Pre-Suit Settlement - Discuss considerations such as IOLTA requirements, liens and subrogation, and the potential net to your client.
Session 7: 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 8: Medical Records - Who is looking for what and why? Learn to analyze, understand, and use medical records to increase pre‑litigation settlement values.
Session 9: Negotiating with the Insurance Adjuster - Learn how to maximize case value through preparation and presentation of the demand package.
Session 10: 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 »
Session 1: Filing Suit and Common Issues in Litigation - Explore common concerns when filing suit, including venue, jurisdiction, and statute of limitations.
Session 2: 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 3: 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 4: Case Study: $30K Car Crash to $1 Million Verdict - Examine methods and strategies for maximizing value on routine car crash cases.
Session 5: Telling the Story of Your Case - There are fundamentals of story that apply to almost every aspect of trial. Jurors create narratives, and they are not in the form of “the evidence will show…” Implementing storytelling techniques can help any advocate, in any type of case, present the evidence closer to the form in which jurors comprehend and remember.
Session 6: Developing a Winning Deposition Strategy - Learn the fail-safe tricks to ensure you have a winning strategy at depositions.
Session 7: Interactive Demonstration: Deposition How-To's - Identify problems, ask questions, and discuss the tricks and tips of the day!
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.
Session 13: The Good, The Bad, and The Ugly in Car Crash Cases - Two trial judges with a combined 25 years of judicial experience discuss what they’ve seen that works and doesn’t work in car crash cases. more »
THIS MONTH: Gone to Texas: Migration Vital to Growth in the Lone Star State • #NoTweetingAfterMidnight: Ethical Risks in Social Media Use • Should You Take that Non-Hourly Case? • Six (or More) Techniques for Readable, Persuasive Sentences • Eight Things that Matter in a Lease • The Impact of Corporate Structure Change on Intellectual Property more »
Daniel Knightexplores a series of case studies emphasizing the ethical obligations and fiduciary duties owed by lawyers to clients, and how the Texas Disciplinary Rules of Professional Conduct, the Federal Rules of Civil Procedure, and the Texas Rules of Civil Procedure are implicated in each. more »
Dan Minutillo explains the concept of "deemed exports" that affects every company in the U.S. that employs a foreign national. Learn what a deemed export is an how your clients can avoid the steep penalties for violating deemed export regulations. more »
Session 1: In the Hot Seat: In-House Counsel as Witnesses - The use of in-house counsel as a witness has potential benefits and – more importantly – pitfalls for both the client and counsel. Learn what is the best way to navigate those ethical and legal pitfalls.
Session 2: Workout Tactics and Other Strategies to Avoid Chapter 11 Bankruptcy - With the expense of Chapter 11 increasing, what tactics or strategies should a restructuring professional consider if Chapter 11 bankruptcy is not the preferred alternative.
Session 3: Adequate Protections - Evaluate the trends of adequate protection in the use, sale or lease of property of the estate. Focus on a few case studies and review the legal trends and types of adequate protection which courts have either recently approved or which may become more common in the future, especially as interest rates and liquidity tightens.
Session 4: Expert Nightmares - Getting your expert’s opinion into the record and adopted by the Court can be the difference between victory and defeat. Using published opinions as a springboard, key turning points in assisting and persuading the Court with expert opinions are examined.
Session 5: (Almost) Everything You Ever Wanted to Know About Chapter 11 Plans - Before heading off for cocktail hour, be sure to brush up on chapter 11 plan developments so you can be the life of the party. Listen to a discussion about recent plan-related developments including substantive consolidation, “per plan” versus “per debtor” considerations, third-party releases, artificial impairment, good faith and a number of other issues that will keep your guests thoroughly entertained. more »
Session 1: What Every Bankruptcy Lawyer Should Know About the Tax Cuts and Jobs Act of 2017 - Listen to a discussion about the changes in the tax law, brought about by the enactment of the Tax Cuts and Jobs Act of 2017, that impact debtors and creditors in bankruptcy proceedings, and, in particular, how those changes impact the value of the bankruptcy estate to prospective bidders for assets in the estate.
Session 2: Puerto Rico Lessons Learned - Puerto Rico's insolvency is changing the law of municipal insolvencies — a spate of litigation has already produced numerous decisions from the trial court, six opinions from the U.S. Court of Appeals for the 1st Circuit Court and one from the Supreme Court in the last two years alone. Hear lessons learned, and issues opened and unresolved, for other troubled state and local governments.
Session 3: Fiduciary Duties In Other Systems - Listen to a discussion on how far from the United States they stray and are they right to do so?
Session 4: Marijuana and Bankruptcy: Just Say No! - Examine the intersection of Bankruptcy and Marijuana Laws. more »
Session 1: Jevic in the Consumer Context - Can a Chapter 7 trustee really sell my underwater homestead? Some courts say yes, but probably not in Texas.
Session 2: Automatic Stay/Turnover - Is refusal to turn over property post-petition a violation of the stay? Listen to a discussion about turnover after In Re Cowan, 849 F. 3rd 943 (10th Cir. 2017).
Session 3: Loss Mitigation in Texas - Not just for homestead! A committee of the Bankruptcy Law Section has submitted a loss mitigation program for statewide implementation to our bankruptcy judges. Hear the latest on the loan modification program proposed for Texas.
Session 4: Bankruptcy Exemptions - A Practical Approach - Bankruptcy Exemptions can be a debtor's best friend or worst nightmare if not used correctly. Listen to this breakout session where Judges Gargotta and Rodriguez discuss how to deal and not deal with exemption issues pre-bankruptcy. more »
Session 1: Legal Ethics About Cryptocurrencies - Bitcoin and others of the 1,600+ cryptocurrencies are headline news every day, but also possible assets of debtors in bankruptcy. Explore the ethical issues lawyers need to be aware of regarding cryptocurrencies.
Session 2: #NoTweetingAfterMidnight: Ethical Risks in Social Media Use - Hear valuable guidance on dealing with the ethical minefield that is social media. Using real world examples and ethics opinions, listen to a discussion about the areas of practice in which social media use (or misuse) can present ethical and disciplinary concerns, as well as tips for using social media responsibly. more »
Session 1: Judicial Spotlight - The old guard interviews the new guard. Hear Judges Isgur and Gargotta facilitate conversation with Judges Rodriguez and Norman regarding judicial philosophies, procedures, and general practice tips. Learn more about what makes all of these judges tick!
Session 2: Technology in the Courtroom - Overview of courtroom technologies available to effectively and persuasively present visual and audio materials in court proceedings; evidentiary considerations associated with such technology use; and related practice tips and pointers. more »
Session 1: Recent Developments - Professor Westbrook, and his usual supporting cast, discuss the year's most important business and consumer cases.
Session 2: Circuit Splits - Listen to a discussion about key decisions distinguishing the Fifth Circuit from other Circuits in business bankruptcy cases. more »
Session 1: Individual Chapter 11’s and the Twists and Turns They Can Present - Explore what an individual Chapter 11 case is, what it isn’t, and how to identify and address some of the challenges you may experience along the way.
Session 2: Ethical Considerations in Section 363 Sales - When (if ever) may insiders and court-approved professionals acquire bankruptcy estate assets? What must be disclosed? What ethical restrictions apply to sale negotiations? What are the consequences of unethical actions when transferring estate assets? more »
Session 1: Introduction, Overview and Understanding the Fundamentals of the Special Needs Trusts and the SNT Attorney's Role - This segment highlights the due diligence each party should consider to understand and explain potential government benefit eligibility to the client who has received a personal injury recovery. Explore the fundamentals of special needs trusts and the use of A.B.L.E. accounts in light of current and potential SSI and Medicaid eligibility. And, from the perspective of the special needs planner, walk through what to expect and what questions are typically asked in the initial consultation with the personal injury attorney.
Session 2: Consultation with Personal Injury Attorney and Guardian Ad Litem - In the initial consultation with the personal injury attorney, special needs planner, and in some cases, a guardian ad litem, walk through some key expectations for your case, guidance in identifying public benefits and programs, issues and options when creating special needs trusts, and other questions that should be addressed early in the case.
Session 3: Consultation with the Personal Injury Attorney, Guardian Ad Litem and Trustee - Identifying a trustee is an important step toward the drafting and administration of a special needs trust. Understand the trustee’s role in trust administration, including what to expect and look for in a trustee, examples of distributions, considerations in making distributions, and possible conflicts.
Session 4: Consultation with the Personal Injury Attorney, Guardian Ad Litem, and Settlement Annuity Broker - Using a structured settlement in conjunction with a special needs trust introduces additional considerations. Learn what a structured settlement annuity is, and potential the pros and cons of its use. Plus, explore key aspects of an annuity, including structure and trust funding, naming beneficiaries, potential estate tax issues, and more.
Session 5: Drafting the Special Needs Trust - Walk through the drafting phase for the special needs trust, including drafting the custom-designed SNT, assisting in creating a pooled SNT, drafting pleadings to establish a court-created SNT, as well as collaborating with the personal injury attorney, guardian ad litem, and trustee for their review.
Session 6: Conclusion and Finalizing Representation - Once the special needs trust has been drafted, it is time to finalize representation and review all documents with each party and with the client. Walk through the final considerations, expectations and necessary steps to close the case file. Plus, hear final thoughts and key take-aways from the perspectives of the personal injury attorney, special needs planner, guardian ad litem, trustee and settlement annuity broker. more »