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.
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Session 1: Case Law Update - Part I - Examine significant administrative law cases issued during the last year.
Session 2: Case Law Update - Part II - Examine significant administrative law cases issued during the last year (cont.). more »
In order to comply with new legislative requirements, the Supreme Court of Texas amended certain disciplinary rules. What changes have been implemented and how will they affect State Bar of Texas disciplinary matters? more »
Session 1: News from the Front: Restructuring, Sunsetting, and More - Listen to a discussion about the new authority that some agencies were granted during the last legislative session, as well as shifts (and potential shifts) of programs from one agency to another. Identify agencies currently engaged in the Sunset process, while highlighting possible changes, and hear interesting news items from yet other agencies.
Session 2: Agency Spotlight: Texas Alcoholic Beverage Commission - The TABC faces significant challenges regulating a rapidly growing 21st century industry using a 20th century legal code. How can the Sunset Commission review process maximize the agency’s ability to regulate and partner with industry? more »
The representation of licensed professionals impaired by a substance abuse disorder and/or mental illness presents unique challenges and regulatory pitfalls for the unwary. Explore the attorney's ethical obligation when representing impaired clients, and how you can benefit your client to restore and improve their social and occupational functioning. more »
Session 1: Open Government Update and Practice Tips - Review recent judicial decisions related to the Texas Public Information Act and the Texas Open Meetings Act and open government practice tips.
Session 2: Ultra Vires Update - Review recent decisions addressing ultra vires claims, including ministerial versus discretionary acts, action beyond the scope of authority, retrospective versus prospective relief, and statutory construction.
Session 3: Judicial Panel - Engage in an unscripted round-robin discussion, with time for questions from the audience. Discussion will include thoughts on how technology can improve the process for both the parties and the bench. more »
Session 1: Pleas to the Jurisdiction - Explore the procedure and standards for determining pleas to the jurisdiction, along with related procedural issues.
Session 2: Exclusive/Primary Jurisdiction - The contours of an administrative agency’s authority on subjects over which it has exclusive or primary jurisdiction have significant legal and practical impacts. Examine these impacts and what they mean for your practice. more »
Session 1: Regulatory and Ethical Considerations for Handling Sensitive Electronic Information - Explore the regulatory framework when handling sensitive electronic information. Also, understand the ethical considerations when handling the information and if a breach occurs.
Session 2: Data: Liability or Asset? - Explore the opportunities and challenges of managing data in Texas, and review recent developments regarding data sharing, open data, and data security and privacy. more »
Session 1: Rulemaking Update - Hear updates from the legislature and the courts on the interesting issues concerning proposed rules and rule validity.
Session 2: Regulating Through Guidance - Discussion of ways that agencies act informally, such as with guidance, advisories, interpretations, etc., with analysis of the legal status of such action and suggestions of how to use it or fight it.
Session 3: The Attorney General Opinion Process & Recent Opinions - Examine the procedures for asking for an Attorney General Opinion and providing input on a pending opinion request. Also survey recent Attorney General opinions relevant to state agencies. more »
Session : Disentangling the Standards of Review - The APA authorizes judicial review of contested-case decisions under the “substantial evidence rule,” but the various standards of review (de novo, substantial evidence, arbitrary and capricious, and abuse of discretion) are frequently confused and conflated. Learn to disentangle those standards with a framework for identifying, defining, and effectively applying the correct standard to uphold or challenge agency decisions.
Session 2: Judicial Deference to Agency Interpretation of Statutes In Texas - Listen to a discussion about in what circumstances and to what extent Texas courts defer to state agency interpretations of ambiguous statutes. Contrast and compare Texas deference to that given by federal courts to federal agency interpretations. more »
Session 1: Hear Me Now or Hear Me Later: A Review of Standing Before the Agency and Courts - What is the current state of the law regarding the rights of interested persons to participate in a contested administrative case and related judicial proceedings? What are the consequences of opposing such participation?
Session 2: Evidentiary Issues at Contested Proceedings - Examine evidentiary issues that can arise in contested case proceedings before SOAH. more »
Listen to a discussion about recent developments of importance for representing government employees, including First Amendment, due process, privacy, political patronage, and state law developments in the public workplace. more »
Session 1: Government Investigations, Part I: Investigative Triggers– An examination of the early and perhaps most critical stages of the investigative process, including considerations, strategies and ethical issues related to responding to a whistleblower, the government’s request for voluntary assistance, the investigatory subpoena, document preservation, early settlement and cooperation agreements, advising the board, and public reporting and public relations.
Session 2: Government Investigations, Part II: Best Practices for Internal Investigations – A look at the factors and circumstances that inform the decision to conduct an internal investigation—when is an independent investigation advisable and what are the best practices for conducting those inquiries. The panel also discusses strategies in selecting outside counsel, scoping the appropriate inquiry, pitfalls in document preservation and production, the "horrors" of email and ESI, self-reporting to the government, and considerations in advising the board.
Session 3: Government Investigations, Part III: Moving Forward– What happens when the internal investigation uncovers evidence of possible wrongdoing? How might you handle bad facts, difficult investigation witnesses, and the dreaded "smoking gun" document? This panel explores the considerations and best practices in proceeding, including the possibility of continued voluntary cooperation, what to do when the government’s case is ill-founded, understanding the government’s focus, isolating critical documents and key witnesses, dealing with an Achilles heel, and considerations for early settlement.
Session 4: Government Investigations, Part IV: The Litigation Process – Fight or flee? This panel focuses on the key issues and ethical considerations presented as the government’s investigation moves into its most active phase. It explores issues in representing the company, representing individuals, and possible conflicts of interest in multiple representation, strategies in preparing for testimony, 5th Amendment considerations, dealing with parallel proceedings, and taking proactive measures.
Session 5: Government Investigations, Part V: The End Game– This panel addresses the issues surrounding the resolution of a government investigation, plus looks at future risk assessment and proactive measures that can help prevent or at least prepare for possible investigations. It looks at strategic settlement considerations, the cost of defense vs. the cost of settlement, discussing settlement with the government, strategies in crafting an agreement, collateral consequences of settlement, seeking a high-level review of a charging decision, SOX clawbacks, and PR, IR and SEC disclosures.
Best practices for crisis communication, including strategies for dealing with the media, investors and the public, plus a discussion of both the legal requirements and strategic considerations pertaining to required disclosures in company filings. more »
Session 1: Avoiding Open Government Pitfalls: A Land Use Perspective - Explore five pitfalls in open government under the Public Information Act and Texas Open Meetings Act from the land use perspective. Awareness of these issues is a step towards managing the government client’s legal risks, providing effective case management and ensuring good government.
Session 2: The Devil in the Details: An Ethical Journey toward Governmental Approvals - Ethics issues related to approving projects and financing (special districts, especially), including voting and recusal (or not), speaking to public officials and board members, advocacy on both sides, financing and its role in deals, and what to do when everybody knows everybody. more »
Examine the work product privilege under state and federal law, including differences in application and important considerations for practitioners when working with experts, consultants and other third parties. more »
Session 1: Commissioner Decisions Update - Hear an update on Commissioner of Education decisions from the past year.
Session 2: Recent Opinions Issued by the Attorney General - Review recent opinions issued by the Texas Attorney General that may affect public schools and school law. more »
Session 1: Technology and Ethics - Hear an overview of lawyers’ ethical obligations—and tips on avoiding potential ethical pitfalls—with respect to the technology we all use.
Session 2: The Lobbying Line - What are the legal and ethical lines to watch when you are lobbying at the Texas Capitol? How do you know if you have crossed them?
Session 3: Artificial Intelligence and its Effect on the Legal Industry - AI is getting a lot of attention, creating fears and in many cases unrealistic expectations. Explore the reality of AI, how it practically can impact legal work flows, and how it can be a positive force that enables lawyers to do their jobs faster, cheaper and better for their clients.
Session 4: 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.