eCourses

Need ethics credit? We’ve got you covered! UT Law CLE’s First Friday Ethics streams live every first Friday of the month, and features some of our best ethics speakers and presentations for a total of 3.00 hrs ethics credit. Fulfill your entire annual ethics requirement in Texas in one day!   This month includes: (0.75 hr | 0.75 hr ethics) Lessons Learned From GCs Behaving Badly (Allegedly) (Replay) It is always better to learn from someone else’s mistakes. Examine examples of in-house counsel allegedly (or admittedly) behaving badly—from alleged assaults and slurs to embezzlement—and what in-house counsel can learn from those situations. Discuss examples of in-house counsel allegedly being punished for doing the right thing, and review applicable Model Rules of Professional Conduct, including Rules 1.13 and 8.4. Joseph T. Clees, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Phoenix, AZ (0.75 hr | 0.75 hr ethics) Ethics and Cybersecurity in the Virtual Practice of Law (Replay) Explore some of the ethical hazards associated with practicing law virtually including unauthorized practice of law, confidentiality and cybersecurity, and the challenges of remote supervision. Anthony Hendricks, Crowe & Dunlevy, Oklahoma City, OK Paige A. Masters, Crowe & Dunlevy, Oklahoma City, OK (0.75 hr | 0.75 hr ethics) Brady v. Maryland, the Michael Morton Act, and the Texas Disciplinary Rules (Replay) The obligation to disclose evidence comes from multiple sources, including constitutional, statutory, and ethical. This presentation discusses each source and recent, significant cases in the area. Carson R. Guy, Texas Court of Criminal Appeals, Austin, TX (0.75 hr | 0.75 hr ethics) What We Say and Do Matters…(Replay) Discuss the various approaches to ensuring that clients with disabilities are treated with the respect and dignity they deserve and is ethically required. Gain insight on how to approach family members, clients, and other professionals as well as practical dos and don'ts when handling cases where the client has limitations. Amanda E. Carter, Matthew Harris Law, PLLC, Lubbock, TX Jennifer L. Coulter, Townsend Allala, Coulter & Kludt, PLLC, El Paso, TX

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THIS MONTH: The Science of Readable Legal Writing • Techniques for Negotiating With Difficult Counterparties  • Election Year Issues: Political Engagement by Nonprofit Organizations • Bank Failures and Banking Distress • ​Safety and Texas Schools: Their Future Depends on What We Do Today • ​Dealing With the Problem of Opposing Counsel

Includes: Video Audio Paper Slides

Session 01: Ethics and Cybersecurity in the Virtual Practice of Law - Explore some of the ethical hazards associated with practicing law virtually including unauthorized practice of law, confidentiality and cybersecurity, and the challenges of remote supervision. Session 02: School Safety in a New World - Discuss recent legislative changes impacting school safety, implementation, and lessons learned to date, and hear practical advice and suggestions as school districts work to comply fully with the legislation and cooperate with multiple involved agencies and their respective guidance. Session 03: So You Think You Know Your Evidence and Procedure? - An interactive and entertaining presentation testing your knowledge of the Texas Rules of Evidence and Procedure. Session 04: Shifting Sands or Quicksand? Negotiating Antitrust Risk in Today's Climate - In a world of increasing antitrust enforcement risk and uncertainty, our speakers discuss the latest trends in negotiating risk allocation provisions between buyers and sellers. With regulators pursuing new theories of harm and aggressively seeking to block mergers, hear how antitrust risk tolerance has changed for both parties to a transaction and what tools they are deploying to address antitrust risk. Explore the proposed new HRS rules and the implications they will have for deal timelines and deal structures. Session 05: Are You Work Authorized? Complex Immigration Status Puzzles for Employers - Employers are often faced with complex immigration status issues when they are trying to onboard new employees and complete the required Form I-9. If they fail to accept certain qualifying documentation, they can be subject to penalties for discrimination. This panel will address common difficult status issues employers should know.

Includes: Video Audio Paper Slides

Need ethics credit? We’ve got you covered! UT Law CLE’s First Friday Ethics streams live every first Friday of the month, and features some of our best ethics speakers and presentations for a total of 3.00 hrs ethics credit. Fulfill your entire annual ethics requirement in Texas in one day!   This month includes: (0.75 hr | 0.75 hr ethics) Techniques for Negotiating With Difficult Counterparties (Replay) Hear advice on how to negotiate contracts with difficult counterparties, and explore the importance of our own mindset and how to manage our emotions in these situations. Walk through five types of outrageous negotiation positions and effective responses to defuse and reset the tone of the discussions. Laura Frederick, How to Contract - Austin, TX (0.75 hr | 0.75 hr ethics) The Grievance Process and Most Common Violations (Replay) The presentation is intended to provide general information regarding the amendments made to the grievance process in 2018, the proper way to respond to a grievance identifying attorney misconduct, and common problems to avoid in practice. Nicole E. Jackson, Rosenblatt Law Firm - San Antonio, TX (0.50 hr | 0.50 hr ethics) Practical Uses of AI in M&A: Large Language Models to Create New Realities (Replay) What if you could review thousands of contracts, determine the potential risk of anti-assignment clauses, and have a first draft of a memo in under 15 minutes? Over the past year, the legal profession has seen incredible advances in the use of artificial intelligence that are making these possibilities a reality. Large Language Models, such as those fueling ChatGPT, have introduced incredible transformational potential for M&A work. Learn more about what is possible, including ethical considerations, in this new reality. Kenton S. Brice, University of Oklahoma College of Law - Norman, OK (1.00 hr | 1.00 hr ethics) Work Product and Attorney-Client Privilege after In Re Grand Jury: Where Do We Go From Here? (Replay) The law regarding when privileges and protections apply to tax advice was anything but clear leading up to the Supreme Court oral argument in In re: Grand Jury; the Court’s decision to dismiss the case as “improvidently granted” dashed the hopes of tax professionals hoping for a nationwide standard! Hear a review of the current state of the law post-In re: Grand Jury with an emphasis on the Fifth Circuit and how the law there differs from others around the country. Melissa L. Wiley, Lowenstein Sandler LLP - Washington, DC

Includes: Video Audio Paper Slides

Session 01: Lifecycle of Renewable Energy Projects - A discussion of the sequencing of the development of renewable energy projects and how lawyers and developers can best work together to mitigate project risks at each stage of development.  Session 02: Renewable Energy Project Finance 101 - Discuss how various finance tools get stitched together to create a capital stack for a project so it can get developed and built. Session 03: 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 04: Real Estate and Title Basics for Renewable Energy Projects - A primer on real estate and title matters for wind and solar energy projects. From the lens of real estate attorneys, hear a high-level overview of project timelines and milestones, the path to securing site control, key provisions of landowner agreements, navigating title and survey matters, and providing real estate support for contracting, financing, and sale of the project. Gain insight into critical deal points and best practices to help projects proceed efficiently.   Session 05: What's New? Federal Energy Update - Hear a lively update on developments affecting the renewable energy market. Session 06: Texas Regulatory Update: ERCOT & PUCT - Overview and discussion on recent and relevant PUCT proceedings and ERCOT market changes and initiatives.  Session 07: Joint Venture and Joint Development Agreements - As more new entrants enter the renewable energy industry, we continue to see an increase in joint ventures and other types of joint development arrangements. In this panel, we will discuss the reasons why, different types of joint structures, and key issues that tend to arise in these negotiations.   Session 08: Mineral Issues Impact on Real Estate Documents, Siting and Planning: Texas vs. California - Understanding the interplay of the mineral estate to the surface estate, and site control agreement and title insurance issues and strategies for securing financeable renewable energy surface rights in Texas and California, and more generally. Session 09: ​Top 10 Construction Loan Provisions - An overview of key provisions in project finance construction loan agreements with respect to renewable energy projects. Hear a high-level overview of the structure of a construction loan agreement and highlights of major pitfalls for both lenders and borrowers Session 10: Ethical Obligations in Negotiations - A foundational discussion about how you, as Counsel, accomplish your objectives and meet your goals while acting legally and ethically during negotiations. Reinforces the professional responsibility a lawyer must maintain when faced with ethical dilemmas in negotiations in order to identify: (1) the balance between a lawyer’s obligations of honesty and candor with client advocacy; (2) best practices in negotiations; and (3) the application of the ABA Model Rules of Professional Conduct in legal negotiations.

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Introduction into the basics of the US electric grid as they relate to renewable energy resources including, what the US grid looks like; who runs, operates and owns it; and how do renewables fit in and effect its operation. Also, walk through the state and federal regulatory landscape, looking at the role and authority of FERC and state Public Utility Commissions, RTOs and ISOs. Hear an introduction to the key concepts of the wholesale and retail markets, discuss the key mechanisms for compensating distributed energy and large renewable resources for their services to the grid, and look at the examples of state renewable energy incentives (REC procurement, DG rebates etc.). 

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Go behind the curtain to discuss common pitfalls in renewable energy financing agreements, where different deal team members (commercial, legal, specialist) should most focus their review, and which provisions typically have long lead times during negotiation.

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Explore some of the ethical hazards associated with practicing law virtually including unauthorized practice of law, confidentiality and cybersecurity, and the challenges of remote supervision.

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Look at under-the-radar ethical issues affecting companies and the lawyers who represent them.

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Session 01: Hydrogen Energy: Unique Considerations for Transaction Documents - As an emerging technology, clean hydrogen presents a number of considerations and issues that differ from existing legal paradigms for renewable energy projects. Address contract terms and considerations that are specific to clean hydrogen projects in both commercial and financing transactions. Session 02: Hydrogen as an Emerging Low-Carbon Energy Solution: What’s Old is New Again - Substantive discussion of the existing hydrogen pipeline and storage system and the development, regulatory, policy, and legal issues shaping the growing clean hydrogen ecosystem, from the critical midstream perspective. Key topics will include: an overview of hydrogen incentives, production pathways, use cases and physical delivery mechanisms; real property issues in subsurface storage and pipeline development; regulatory and permitting uncertainty; and how commercial transactions are being structured.

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Federal and state policy makers have begun to incentivize storage connected to distributed generation for virtual powerplant and microgrid applications. New laws and programs have been created to encourage storage adoption, but regulatory hurdles remain. 

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A discussion of the sequencing of the development of renewable energy projects and how lawyers and developers can best work together to mitigate project risks at each stage of development. 

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A detailed look at the key provisions in M&A agreements involving energy transition projects, including risk allocation around IRA benefits, earn-out provisions, change in law and key diligence items for a buyer. 

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In response to the sunsetting of the Chapter 313 program at the end of 2022, the Legislature adopted the new JETI program for 2024. Learn the details of the new JETI statute and review other available tax incentive programs.

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A high-level overview of key power purchase agreement structures and terms and the allocation and mitigation of risk in PPA transactions.

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An overview of federal, state, and local permitting and siting considerations that renewable energy project proponents should be aware of and take into account. Review the timing, cost, legal, financing, and other implications.

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Session 01: Oklahoma Renewable Energy Projects: Permitting Considerations - Focus on various environmental and related permitting considerations under Oklahoma law for wind, solar, battery, and hydrogen projects. Matters discussed include an overview of applicable statutes, regulations, required permits, notices, and public meetings.  Session 02: Texas ERCOT Market Reform and Redesign - Explore recent initiatives to modify the market design in ERCOT with a focus on the technical aspects of proposed changes and how they could affect market participants.  Also explore project implementation issues and the likely need for regulatory guidance to resolve contentious technical issues.  Session 03: Public Utility Commission of Texas: Rulemaking Update - A candid discussion between industry and commission staff on the significance of, and challenges implementing, legislation from the 88th Session of the Texas Legislature.  Session 04: Market Reform and Redesign to Remove Barriers of Entry for Clean Energy and the Build Out a Robust Transmission Grid - Increased load and extreme weather continue to create consternation in the energy markets. Clean energy resources can be a major part of the solution as long as the markets are functioning properly. Hear a discussion of the work being done to remove barriers and advocate for a well-functioning energy markets and a robust buildout of the transmission grid.

Includes: Video Audio Paper Slides

A primer on real estate and title matters for wind and solar energy projects. From the lens of real estate attorneys, hear a high-level overview of project timelines and milestones, the path to securing site control, key provisions of landowner agreements, navigating title and survey matters, and providing real estate support for contracting, financing, and sale of the project. Gain insight into critical deal points and best practices to help projects proceed efficiently.  

Includes: Video Audio Paper Slides

Session 01: Ownership and Leasing of Real Property by Foreign-Owned Entities - Discuss the various restrictions, reporting requirements and approvals required by certain Federal (i.e., AFIDA and CFIUS) and state laws. Session 02: Mineral Issues Impact on Real Estate Documents, Siting and Planning: Texas vs. California - Understanding the interplay of the mineral estate to the surface estate, and site control agreement and title insurance issues and strategies for securing financeable renewable energy surface rights in Texas and California, and more generally. Session 03: Unique Issues of the West: Tribal Land Issues and Oklahoma - An overview of the federal, state and tribal laws specifically affecting real estate and mineral aspects of Wind & Solar Energy Projects in Oklahoma. Session 04: Construction Liens: Resolving the Guerrilla Tactics of Contractors and Subcontractors - Construction liens provide leverage for parties seeking payment for construction services, labor and supplies. Lien laws were created in the 19th century when tangible real estate was a more effective security for payment. In today’s world liens are seldom processed through foreclosure, but they remain an effective mechanism to get people’s attention. Review the lien basics, contract clauses to shift the risk of liens and practical ways to respond to and resolve lien-related disputes.

Includes: Video Audio Paper Slides No Materials