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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Experienced arbitrators discuss the advantages and pitfalls of arbitration as an alternative to litigation, trends in arbitrating employment cases, interpretation of arbitration clauses, and what both sides can do to reduce costs and make effective presentations. more »
Session 1: Post-COVID-19: Workplace 4.0 - This presentation focuses on how the COVID-19 experience will change our workplace now and going forward. Topics of discussion include considerations and best practices regarding re-openings and return to work for businesses who have not yet initiated that process and lessons learned from those who have, such as monitoring of government orders, testing, PPE, human resource and labor considerations and litigation; re-opening of closed facilities; ongoing opportunities for working remotely; reimagined collaborative spaces; ongoing operations for essential workers and retail/restaurant workers; and other timely areas of ongoing interest and concern.
Session 2: Navigating Employment Law in a Pandemic - An examination of the Emergency Paid Sick Leave Act (EPSLA) and Expanded Family Medical Leave Act (EFMLA) from the Families First Corona Response Act (FFCRA), the employment-related provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and state and local shelter-in-place orders. This session also examines the application of existing employment laws to the current pandemic, including the Texas Unemployment Compensation Act (TUCA), the America with Disabilities Act (ADA), the Occupational Safety and Health Act (OSHA), and the Worker Adjustment and Retraining Notification Act (WARN). Alternatives to layoffs, including pay reductions, work share arrangements, partial unemployment, and furloughs are also discussed. more »
The coronavirus pandemic closes businesses and forces quarantines, at the same time spawning lawsuits of all kinds. Join Quentin Brogdon as he goes over questions: what types of coronavirus suits are being filed, how will the new coronavirus suits be resolved, and how is our system of justice adapting to this new era of social distancing? more »
THIS MONTH: COVID-19 Financial Risk Mitigation Tools • Protecting that Elusive Community Character: What Can We Still Do? • Crisis Response Strategies for In-House Counsel • Ethics in Negotiation – Making Offers They Can’t Refuse Without Being Don Corleone • Family-Based and Citizenship Cases in the Age of Enforcement • The Law of Marketing more »
Session 1: COVID-19 Financial Risk Mitigation Tools - A primer on how companies can protect themselves from the financial consequences of COVID-19 through the strategic use of insurance and force majeure clauses.
Session 2: The Use of Data Analytics In Employment Decision-Making - Explore the growing role of data analytics in traditional employment decision-making, the use of wearable and implantable technology to capture employee data, and the legal risks associated with same. The effects of real-time performance metrics and hyper-transparency on employee feedback models will also be discussed.
Session 3: Handbooks / Employment Policies - Avoid common mistakes in policy drafting. Adopt provisions that support the company's good faith compliance efforts and help reduce potential liability in audits and litigation. Understand how recent NLRB decisions affect even non-unionized employer policies. more »
Session 1: In-House Counsel Panel: Effective Relationships Between In-House and Outside Counsel - Best practices for establishing and maintaining a healthy relationship between in-house and outside counsel, including effective communications, working with business leaders and inventors, establishing working procedures, activities beyond the business relationship, creating unique service offerings, and relevant ethical issues.
Session 2: COVID-19 Financial Risk Mitigation Tools - A primer on how companies can protect themselves from the financial consequences of COVID-19 through the strategic use of insurance and force majeure clauses.
Session 3: Conducting a Risk Assessment - Following the DOJ’s 2019 guidance on the evaluation of corporate compliance programs, what's changed? How do you ensure your process is effective? And what are the key steps and best practices for an effective risk assessment process?
Session 4: Cybersecurity Insurance - Examine key insurance provisions and hear thoughts on evolving exposures impacting privacy and cyber insurance.
Session 5: New Kids on the Block: State-of-the-Art New(ish) M&A Clauses That You Need to Know - In the always-evolving M&A market, it’s critical that counsel be up-to-speed on the latest deal provisions for buyers and sellers. Hear from seasoned practitioners on the key clauses that savvy dealmakers are including in their agreements to avoid pitfalls and give their clients the edge.
Session 6: Revenge of the Sea Squirts: More Glenn West on Encrusted M&A Boilerplate - The need to understand and appropriately modify “standard” M&A boilerplate to fit your deal cannot be over emphasized. Glenn West builds on last year’s presentation and adds additional examples of the problems that unexamined/encrusted boilerplate can create in potentially undoing the specifically negotiated provisions of your deal.
Session 7: Overview: Implementing Blockchain Solutions - The panel discusses a business approach to blockchain and how and where this technology is being implemented today; the legal, fiduciary and regulatory issues in drafting legal contracts into code; and blockchain from a cybersecurity perspective.
Session 8: Diversity and Inclusion Initiatives: A Priority and a Challenge - Developing diversity and inclusion initiatives is a growing priority for many companies and organizations. Gain strategies and advice in how to approach the creation and implementation of these initiatives, and how to avoid inadvertent Title VII violations or other legal liabilities.
Session 9: 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 10: Whistleblower Issues and Best Practices - An exploration of the myriad challenges posed for companies by whistleblowers, as well as viable strategies for successfully negotiating the difficult obstacles presented.
Session 11: Tailoring Internal Investigations to be More Efficient and Cost Effective - Discuss the latest technology and techniques that are being employed for conducting efficient and effective internal investigations.
Session 12: Outsourcing Legal Work - What kinds of legal services can you outsource? How do you go about it and how do you effectively protect client confidences when you do? This presentation explores three areas: core legal services (legal research, deposition summaries, drafting, etc.), support services (bookkeeping, website development, HR, etc.) and ancillary services (tenant representatives, retirement plan implementation, or other professional services for one-off-projects).
Session 13: The Company in Crisis: Talking to Investors, Regulators and the Media - Best practices for crisis preparation, planning, and how to disclose and communicate after a crisis event. Address strategies for dealing with the media, investors, and the public then discuss the legal requirements and the strategic considerations in making disclosures in company filings.
Session 14: Representation of Multiple Parties: Ethical and Practical Considerations - Examine the advantages and disadvantages of using pool counsel in internal investigations, including the impact of joint representation, whether the various clients' interests are sufficiently aligned, the types of agreements entered with the company, the logistics of the engagement, consequences of one client being charged or cooperating, and managing client information to avoid potential cross-contamination.
Session 15: Ephemeral Data and Other Emerging Technology - In cybersecurity, staying on pace with current technology, issues, and approaches is a step behind. Practitioners must remain ahead of what is current, or else they will find themselves obsolete, commoditized, outside best practice, or a victim of a cyber incident or crisis. Take a look ahead with thought leadership and awareness around emerging, nascent, or predicted cyber technologies, approaches, threats, challenges, and applications such as transactional due diligence, ephemeral data, incident response, smart cities, alternative commerce and banking, identification, contracting, connected devices, artificial intelligence, risk transfer, data analytics, ethical and privacy concerns, IoT, industrial controls, and connectivity.
Session 16: Wellness and Well-Being: Ethical and Professionalism Implications - Identify current life challenges facing lawyers, the professional responsibility and professionalism issues raised by lawyer impairment, and current efforts by the organized bar and legal employers to address issues of lawyer wellness and well-being. more »
THIS MONTH: #Blessed: Using Social Media in Trial • What I Learned About Writing Briefs From Writing Country Songs • The Law of Loan Sharks • Legal Malpractice Update • Cybersecurity Insurance • C-Suite Investigations: An Experience To (or Not To) Forget
Session 1: Advancing the Common Good in the Texas Legislative Process - Texas nonprofits of all sizes and varieties have become more active in the public forum and in the legislative process to advance their missions and the interests of their constituents. How effective are these activities and how does the “nonprofit sector” rank among the other special interest groups that occupy the policy and political landscape? Do charities, state associations and nonprofit activist groups have a special role—a special voice—in the legislative process different from other interest groups? Do “dark money” organizations reflect negatively on other nonprofit organizations? Are nonprofit entities that perform government functions prepared for the related accountability and transparency in their operations? Learn about these questions in general terms with respect to the realities of the legislative process, with specific references to legislation expected in the 2019 session as well as comments on controversies and legislative challenges to the nonprofit sector in past sessions.
Session 2: Resilience: How to Survive and Thrive in a High Stress Practice - Why do some people handle stress and rebound from failure better than others? Learn about 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 3: Effective Client Communication Across Generational and Other Divides - Effective communication is a key predictor of career and professional success for in-house lawyers. As the corporate world becomes more diverse, client communication becomes even more challenging. Learn how to effectively communicate in this fast changing corporate environment. more »
THIS MONTH: Litigating in a Divided Nation: Handling Strong Political Views During Trial • Video, Table Top and Card Gaming Law • Alternative Fee Arrangements: One Model that Works • Trustee/Guardian Resignation: How to Jump Ship • Tips for Avoiding Legal Malpractice and Surviving Grievances more »
THIS MONTH: Evolving Ethics in the Application of AI • Sex, Drugs, Guns, Cars and Dementia • Trial Themes • Settlement Documents: Lessons to Learn • The Company in Crisis: Talking to Investors, Regulators and the Media • Chapter 11 Cases Driven by Sexual Abuse Tort Claims more »
Best practices for establishing and maintaining a healthy relationship between in-house and outside counsel, including effective communications, working with business leaders and inventors, establishing working procedures, activities beyond the business relationship, creating unique service offerings, and relevant ethical issues. more »
THIS MONTH: Representation of Multiple Parties: Ethics and Practical Considerations • Climate Change Developments--Municipalities and City Regulations • Estate Planner's Toolbox: The Pass-Through Entity • FinTech and the Changing Landscape of Mortgage Lending • The Role of the Financial Professional in Divorce more »
Session 1: New Kids on the Block: State-of-the-Art New(ish) M&A Clauses That You Need to Know - In the always-evolving M&A market, it’s critical that counsel be up-to-speed on the latest deal provisions for buyers and sellers. Hear from seasoned practitioners on the key clauses that savvy dealmakers are including in their agreements to avoid pitfalls and give their clients the edge.
Session 2: Not My First Rodeo: Key Issues, Provisions, and Processes for the Next Buyer’s Market - What goes around comes around? Our panel of dealmakers, who've all experienced a business cycle (or two), will peer into the crystal ball to share their insights into M&A practices and provisions that we could expect if, as, and when we flip from a seller's market to a buyer's market. more »
With both in-house counsel and outside firms wanting to give back to their communities and to develop their relationships with each other, pro bono truly is the new networking. Learn how in-house counsel and outside firms can collaborate, including best practices and overcoming fears of lack of subject-matter knowledge, on pro bono projects from legal advice clinics to direct representation, and how these collaborations help bridge the “justice gap.” more »
The need to understand and appropriately modify “standard” M&A boilerplate to fit your deal cannot be over emphasized. Glenn West builds on last year’s presentation and adds additional examples of the problems that unexamined/encrusted boilerplate can create in potentially undoing the specifically negotiated provisions of your deal. more »
Session 1: Do's and Don'ts of Discovery in Texas Civil Proceedings - Cover tips and traps relating to seeking and resisting discovery in litigation pending in Texas state courts. Focus on the Texas discovery rules and cover both written discovery and depositions.
Session 2: Trial Themes - Every case, large or small, complex or simple, has an overarching trial theme. Discuss various approaches a number of seasoned trial lawyers have taken to developing and delivering trial themes.
Session 3: Temporary Injunction Hearings: What Works, What Doesn’t - You know the buzzwords: likelihood of success, imminent harm, irreparable injury. But what do the legal requirements for a temporary injunction mean in practice, and how do you prove—or disprove—them? A panel of litigators covers both legal principles and practice tips.
Session 4: Insurance Update - The Fifth Circuit and Texas Supreme Court have issued opinions important to understanding changes in the handling of first party insurance claims and liability insurance situations, including Stowers. This update provides details.
Session 5: Commercial Litigation Financing and Structuring: Common Questions and Ethical Issues - The commercial litigation finance market is expanding rapidly, enabling claimants with limited resources to pursue commercial litigation claims that may be otherwise cost prohibitive. And as more funders enter the market, litigation finance deals are growing in complexity. Join Eric Chenoweth as he discusses the mechanics of structuring litigation finance transactions and examines the options available to claimants and their lawyers to finance litigation. Also learn about relevant case law and other ethical issues associated with third-party funding and how the courts have addressed these issues.
Session 6: Construction Defect Cases - New laws passed in the most recent session of the legislature impact how these cases will proceed in the future. This presentation discusses these changes and provides an overview of issues in construction and property damage cases.
Session 7: Outsourcing Legal Work - What kinds of legal services can you outsource? How do you go about it and how do you effectively protect client confidences when you do? This presentation explores three areas: core legal services (legal research, deposition summaries, drafting, etc.), support services (bookkeeping, website development, HR, etc.) and ancillary services (tenant representatives, retirement plan implementation, or other professional services for one-off-projects).
Session 8: Race, Truthiness and the New Ethics - What new responsibilities do lawyers have in the era of fewer trials and more ADR? What does any of that have to do with LBJ? What are the “new ethics”. Take a look at the changing landscape of litigation over the last fifty years.
Session 9: “Trying” Situations for Trial Attorneys: Top Issues and Everyday Practices to Avoid Malpractice - 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 »
Session 1: Establishing EU Operations - An introduction with a high-level overview of some key legal issues for US companies to consider when expanding into Europe for the first time. This session covers:
Key factors to consider when selecting a base for your EU operations
EU market entry and how best to achieve this
Entity choice and formation considerations
Key EU corporate compliance obligations, including account filing requirements and beneficial ownership disclosure obligations
The new EU Regulation on the Screening of Foreign Direct Investments in the EU
Session 2: Employment and Immigration Law Considerations for U.S. Companies Doing Business in the EU - Understand the key features of EU labor law, with a specific focus on recruiting, retaining, and terminating employees. Hear insights and key takeaways from an employment law perspective for U.S. employers interested in employing personnel in the EU, touching on the following:
statutory protective leave
working time requirements
employee discrimination laws
employee rights on termination
employee rights arising in the context of corporate transactions
trade union representation.
This session also explores employee benefits—what's market and what's not—as well as some key differences and similarities between the typical employer/employee relationship in the U.S. versus Europe. In addition, examine key immigration considerations when it comes to employing non-EEA nationals in Europe.
Session 3: E-Commerce and Consumer Protection Regulation in the EU - Hear an introduction to each of the key regulations that businesses will need to comply with when selling online to consumers in the EU, with a focus on:
consumer remedies and enforcement
Session 4: Regulation of Data in the EU - Get a big picture overview of data regulation in the EU covering, in particular, significant legal developments and hot topics including:
Ireland as a data global stage, and the landscape of U.S. and EU data regulation.
international data transfers, recent legal challenges to lawful transfer mechanisms, and the impact of Brexit.
enforcement activity with a look at the fines issued by EU Supervisory Authorities.
civil actions including the rights of individuals to seek compensation for data protection breaches and the potential for class actions.
data breach notifications and the obligation to notify individuals and Supervisory Authorities of a breach.
the one stop shop mechanism providing for the selection of a lead supervisory authority.
Session 5: Intellectual Property Rights and Strategies for Protection in Europe - Hear an introduction to each of the key intellectual property rights that are available to businesses, and strategies for their protection in the EU, including:
Session 6: M&A in the EU: What U.S. Businesses Need to Know - Examine the current public and private M&A market in the EU, with an explanation of common deal structures and what drives them, as well as key terms of typical M&A transactions in the EU. Discuss recent M&A market trends, highlighting some of the key differences in deal-making in the U.S. and the EU. more »