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
Session 1: Divided Infringement - Examine recent interpretations of the Akamai test and the impact on divided infringement cases.
Session 2: Defending Against Willful Infringement in a Post-Halo World - With the changes resulting from the Supreme Court’s Halo opinion, there is additional importance placed on accused infringers in building a record that supports reasonableness of their decision to continue their accused operations. This often includes advice of competent counsel used to bolster the claim that they were not acting with subjective bad faith. Those using advice of counsel in defense of willfulness must be mindful of the scope of potential privilege waiver, and proactively take steps aimed at avoiding privilege waiver from extending to communications with trial counsel.
Session 3: Extraterritoriality: When Acts Overseas Create Liability under U.S. Patent Law - Despite language in 35 U.S.C. 271 limiting infringement liability for acts “within the United States”, depending upon the type of infringement and/or type of claim, liability can arise based mainly or completely on acts outside of the United States. Examine the meaning of “within the United States” and when liability arises for acts outside of the U.S. more »
Session 1: Federal Circuit and SCOTUS Update - A whirlwind summary of the most important developments in Supreme Court and Federal Circuit case law over the last year.
Session 2: Recent Developments in Claims Construction - The driver of patent application preparation/prosecution, district court trials, Federal Circuit appeals, and AIA post-grant review proceedings, remains—claim construction. Review 2017-2018 claim construction cases and issues at the Federal Circuit and trial court levels. And examine the PTAB’s procedural and substantive claim construction “rules, practices and etc.," including the PTAB proposal to drop BRI and adopt Phillipsconstruction under all circumstances, and possible rule and practice changes to mandate PTAB consideration of claim constructions from other proceedings.
Session 3: Changes to Venue Rules and the Rise of Multi-District Litigation - The U.S. Supreme Court’s ruling in TC Heartland has changed the landscape for patent venue. Explore what constitutes a company’s “regular and established place of business” and the possible impact of this recent case.
Session 4: Judicial Panel - Hear distinguished judges from the District Court discuss their experiences hearing and trying patent cases. more »
THIS MONTH: Startups - Deal Killers and Near-Death Experiences • First Judges in Texas • Misbehavior in the C-Suite • Website Accessibility Lawsuits • Virtual Law Firms: Is It an Option for You? • Everyday Strategies for Avoiding Professional Misconduct more »
Motions to disqualify counsel continue to proliferate. Consequences can be severe for lawyers and clients. The client can lose counsel of choice, and the lawyer can lose the client and potentially face liability claims and disciplinary problems. Review recent disqualification decisions and discuss practical tips for litigating disqualification motions. more »
Session 1: Panel Discussion: Texas Greats on Business Litigation - Modern complex business litigation presents risks to both sides. With success requiring creativity and advocacy skills, these premier litigators discuss challenges and opportunities in the arenas of damages, contorts, and alternative dispute resolution in 21st Century litigation.
Session 2: Using Demonstratives to Make Your Case - Demonstrative evidence is evidence you can create! Don’t miss the opportunity to make the most of it.
Session 3: Hearsay in a Wireless World - Review important hearsay issues, with an emphasis on hearsay appearing in social media, texts, and other new media.
Session 4: Extraordinary Remedies - All plaintiffs want their relief—and they want it right now. Learn when courts can tie up assets and control conduct prior to a judgment.
Session 5: Tips for an Effective Voir Dire - Learn what the cases allow and what techniques are most effective in voir dire.
Session 6: Current Issues Facing Juries in State and Federal Courts - Courts are confronting new challenges presented by social media and the Internet, while at the same time dealing with a declining percentage of cases tried to a jury verdict. What are the practicalities facing lawyers and courts when jurors live online, lawyers have new access into their lives, and jurors have new expectations of access to the facts? Ideas from the perspective of practitioners in both state and federal and civil and criminal courts.
Session 7: Recent Developments Regarding the Discovery Rule and Fraudulent Concealment Doctrine - In recent years, the Texas Supreme Court has offered significant guidance on how lower courts should apply the discovery rule and the fraudulent concealment doctrine. Review the cases and learn how they could impact plaintiffs’ and defendants’ approaches to these tolling doctrines going forward. more »
Session 1: Home Equity Amendments: Servicing Perspective - Learn how the changes to the Texas Constitution relating to home equity liens affect a servicer handling loans in default.
Session 2: Flaws and Risks in Mortgage Insurance Requirements and Provisions -
Session 3: Foreclosure-Related Litigation Update - Review recent federal and state court foreclosure-related litigation, including jurisdictional issues and common claims and defenses.
Session 4: Dead Debtors: The Problem, The Past, and The Plan - Even after death, title issues exist that will haunt even the astute attorney or underwriter. more »
Session 1: Representing the Individual- Representing individuals triggers numerous ethical issues, such as what documents can the departing employee take, what should the lawyer do if the employee does take documents, how engagement letters differ in non-compete cases, and much more.
Session 2: Representing the Company - Representing employers triggers other issues, such as deciding whether to seek injunctive relief, the constraints on contacting a new employer, and the issues in representing multiple entities.
Session 1: 10+ Tips on Effective Deposition Techniques - Learn how to get the answers you want—effectively and ethically, including the three magic questions.
Session 2: The Three Rules of Avoiding Disaster on Direct Examination - Three tips for getting key witnesses ready to testify, including witness evaluation, witness training and witness effectiveness testing with mock jurors.
Session 3: Use of Depositions at Trial - An examination of the rules regarding depositions and how to use depositions in court.
Session 4: The Paper Chase - It’s not just a movie. Explore the interplay between discovery and trial, including pre-trial orders and disclosures. Exciting? Maybe. Crucial? Definitely! more »
Session 1: Developing a Winning Case Strategy - Most lawyers litigate a case without ever taking the time to realize what will really make a difference at trial. Learn how to identify the most important issue in your case that will affect its outcome and develop a winning strategy at trial.
Session 2: Clear Thinking at Trial: Be Centered, Be Aware, Be in the Moment - Stressed in trial prep and at trial? Inevitable? Yes. Manageable? Absolutely. Learn actionable techniques and tips for yourself and your witnesses in order to stay focused and effective.
Session 3: The Scarlet W: Waiver - Don't get the label. Learn the latest about preserving error at each stage of trial, including evidentiary objections, jury charge issues and directed verdict or judgment as a matter of law (JMOL). Learn how to avoid waiving your argument on appeal.
Session 1: Winning Opening Statements and Closing Arguments: Make them Effective and Ethical - You have one chance to make a good first impression on the jury and one chance to leave them thinking about voting for you—don't waste them.
Session 2: Voir Dire: Finding Your Enemies - Lessons for conducting effective voir dire, such as how to expose a possible bias and prejudice in potential jurors through the use of scaling questions and binary questions on jury questionnaires, as well as the use of five generational issues in jury selection.
Session 3: Beyond the ELMO: Graphics, Models and Much More! - Juries expect to see visual aids and technology in the courtroom. Gain insight from courtroom technology professionals about innovative tools to support your electronic trial presentation. more »
Session 1: Insurance Litigation Post-Harvey - Review the most hotly contested issues in first party insurance claims and litigation arising out of the recent hurricane, including flood versus wind, special rules for TWIA claims, and the new "natural causes" amendments to the Texas Insurance Code.
Session 2: UCC Security Interests in Real Estate Financings - Address the creation and perfection of UCC security interests in real estate financing transactions.
Session 3: Cybersecurity Insurance - Examine key insurance provisions and hear thoughts on evolving exposures impacting privacy and cyber insurance. more »
Session 1: Trying Your Maritime Case in State Court - How does a maritime trial in state court differ from one in federal court? Take a short voyage to see the differences between trials in state and federal courts. Ports of call include jury selection, cross-examination, standards for admitting expert testimony, and charging the jury.
Session 2: Preserving Error and Navigating Appeals in State Court - Learn about error preservation tips and traps, getting a case into the Texas Supreme Court, and the story behind the latest Texas Supreme Court case on vessel status.
Session 3: State Law in a Maritime Case: "The Devil's Own Mess" - Discover the complexity of and approaches to the issue of when it is appropriate to apply state law in a maritime case.
Session 4: Nearly Random Thoughts on the Law and Sea - A conversation among Kenneth G. Engerrand, the audience, and Judge Hughes. more »
Session 1: Building Smart Legal Contracts: A Promissory Note - Learn how to digitize existing or new contractual relationships and connect them to enterprise data sources, blockchains, or payment/invoicing systems.
Session 2: Litigation Against Real Estate Agents and Brokers - Texas real estate salespersons and brokers are afforded extensive statutory protections against liability. Examine those statutory protections as well as favorable case law limiting the real estate professionals’ scope of liability.
Session 3: Dodd-Frank Evolution: The Impact on Residential Lending - What changes can residential lending expect as Dodd-Frank continues to evolve?
Session 4: New Texas Real Estate Commission Forms - Effective May 15, 2018, TREC revised many of the mandatory use sales contracts for Texas realtors, implementing new protocols for the timely payment of earnest money, objections to title, and the proper use of contract addendums. It also created two new forms regarding hydrostatic testing by an interested Buyer, and the Buyer’s ability to terminate a pending sales contract. Review these and other sales contact revisions. more »
The ADA requires that websites be accessible to those with disabilities. Richard M. Hunt explains what “accessibility” means for websites and the legal theories behind such suits, and provides effective strategies for dealing with a claim against your client. 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 »