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: Public Sector Employment Law Update - Hear a discussion on recent developments of importance for representing government employees and employers, including free speech, due process, privacy, political patronage, and state law developments in the public workplace.
Session 2: Federal Contractor Update - Hear updates on federal contractor compliance obligations and recent Office of Federal Contract Compliance Programs (OFCCP) regulations, including a review of the Trump Administration’s impact.
Session 3: Who’s the Boss? Update on Employee vs. Contractor and Joint Employer Status - Cash-strapped taxing authorities and employee rights agencies want a clearly defined employer (or two) to take responsibility. The gig economy and other lovers of freedom and flexibility prefer the independence of temporary alliances and blurred lines. Mix in a new Administration and the task of proper classification—and avoiding the costs of a mistake—just became trickier.
Session 4: Pay Equity Panel - Explore the principle of pay equity, how it is reflected in the various statutes governing pay equity, and the legal and practical concerns in complying with those statutes.
Session 5: Developments in Whistleblower Cases - Last year was a banner year for whistleblower cases. Hear the latest in the developments and examine the drivers behind big verdicts and judgments. more »
Explore the use of off-the-job social media statements by decision-makers to demonstrate unlawful animus. Hear an in-depth examination of the legal standards for direct evidence and the stray remark doctrine, along with potential strategies for rehabilitating compromised decision-makers. more »
Our workforce spans five generations, each with a distinctive form of communicating. Throw in the gender and cultural diversity and you find yourself feeling like Dorothy skipping down the yellow brick road trying to find her way home, only to find out that the Wizard was all razzle-dazzle and not real at all. Get some clarity and find your way through this complex subject. more »
Session 1: What's New in Seeking, Getting, and Using Discovery - Learn what you need to know about keeping up with advances in electronic discovery, social media, and changes to the state and federal rules.
Session 2: Social Media as a Tool for Evidence - Social media is growing increasingly prevalent as a source of evidence in employment law cases, if you can discover it and get it admitted. Review ethical discovery methods related to social media, the nuts and bolts of admitting social media data into evidence, and strategies for using that evidence on both liability and damages claims.
Session 3: Non-Competes Under Attack - State-level initiatives are making it more challenging to establish and enforce non-competes in many jurisdictions. Hear a discussion about evolving strategies for multi-state employers looking to establish and enforce non-compete regimes.
Session 4: Communication with Adverse Parties - How can communicating with adverse parties minimize or maximize your effectiveness as an advocate, affect client service, and impact staff morale? It is not uncommon for the lofty ideals of legal professionalism to fade alongside the more instinctive goal of winning for our clients by using words or actions to crush our opponents. But using words to unnecessarily embarrass or demean can change how others perceive you, affect the willingness of your opponent to cooperate, and most importantly, may violate the rules of professionalism. Review the rules that speak to how we communicate with adverse parties, and the practical consequences of ignoring those rules. more »
Examine the handling of trade secret issues in the courtroom. What works and what doesn’t with judges? Have the recently enacted federal and state statutes on trade secrets changed the way courts analyze these claims? What are the keys for handling emergency hearings involving injunctive relief? What are the best ways to protect the confidentiality of the trade secret in litigation? more »
Session 1: LGBTQ Issues in the Workplace - Explore the past, present, and future of LGBTQ rights in the workplace and what we can expect during the Trump Administration.
Session 2: Best Practices in Dispute Resolution - Get practical tips on how to anticipate, avoid, evaluate, negotiate, and resolve workplace conflicts from a mediator and arbitrator with 45 years of experience representing employees and employers.
Session 3: Common Mistakes in Seeking/Disclosing Medical Information - The use and disclosure of medical information touches many aspects of the employment relationship, and confusion often exists as to the applicability of HIPAA in this process. Examine common misconceptions as to the applicability of HIPAA in using and disclosing medical information, and get an outline of the steps employers should take to ensure that they do not run afoul of HIPAA’s requirements.
Session 4: Background Checks: Why Your Clients Are Probably Doing It Wrong - Conducted incorrectly, employment background checks can create more risk for employers than they avoid. Explore the differences among information sources, the most common compliance mistakes employers (and their legal counsel) make, and how most employers are using their background checks incorrectly. more »
Session 1: Developments in Disability Discrimination Law - Review significant regulatory and court developments under the Americans with Disabilities Act and gain insights into emerging disability issues.
Session 2: Leaves of Absence Under the FMLA and ADA - Hear an update on current activity from the federal agencies, the courts, and the plaintiffs’ bar relating to employee leaves of absence from work for medical reasons. Explore, among other things, navigating complex FMLA issues, changes to the FMLA landscape in recent years, the blending of FMLA leaves into leaves as an accommodation under the ADA, when enough is enough in terms of extended leaves of absence, and tactics to push back on suspected leave abuse. more »
Learn how to easily kick-start your firm’s innovation efforts, close the gender pay gap (for you and your clients) and use data to reduce bias, improve inclusion as part of a diversity and inclusion initiative, and simultaneously use proven scientific methods to improve bottom-line profitability! more »
Session 1: The Case of the Moonlighting Employee - When your company's employee creates IP for the competitor, who owns it? Hear litigation options as well as state-of-the-art agreements for such a scenario and learn how employers can best protect themselves when they discover that their employee has been secretly competing while on the company payroll.
Session 2: Working for the App - Explore the effects of the sharing economy on the traditional employment model as companies use technology to connect providers and end-users in novel ways, and employees increasingly view themselves as individual entrepreneurs with their own business aspirations. Understand more about the scope and limitations of the employee–vs.–contractor classification system, the use of arbitration agreements as a response to judicial second-guessing, the scope of an employee’s fiduciary duty, the ownership of employee inventions, and some of the potential consequences associated with replacing the traditional employment model with individually-defined, market-driven, peer-to-peer business relationships. more »
Session 1: Recent Developments in Labor and Employment Law - Get the latest updates in labor and employment law, including developments under the current administration.
Session 2: Employee Ideology v. Company Values - As mobile technology and media continue to evolve, individuals are increasingly able to express their personal beliefs to wider and wider audiences. Explore the practical and legal challenges presented when employees or agents express views that conflict with a company’s cultural values. Real world situations are discussed, including the events of Charlottesville, Virginia, the viral manifesto on women in technology written by an individual engineer, Colin Kaepernick, and the recently acknowledged pattern of intolerable behavior by powerful figures in entertainment, media, politics, and business.
Session 3: Class Action Waivers and Arbitration Agreements - Since the NLRB’s controversial decision in D.R. Horton, Inc., courts have grappled with whether class action waivers in arbitration agreements are unlawful, culminating in the issue reaching the U.S. Supreme Court. Examine the latest rulings, legislation, and trends affecting both class action waivers and employment arbitration agreements. 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: Depositions - We rely on deposition testimony to support or overcome motions for summary judgment, bolster negotiating positions, and impeach witnesses at trial. Hear tips and strategies for taking effective depositions and getting the evidence you need.
Session 2: Gaining an Edge: The Use of Jury Consultants - The demand for and use of jury consultants has increased dramatically in the last few years. Trial lawyers, in-house counsel, and insurance counsel now frequently look to jury consultants for answers as to case assessment, trial strategy, and risk avoidance. Learn what tools a jury consultant can provide to help you succeed in your litigation practice.
Session 3: Getting from Internet to Evidence - Social media can be a goldmine in employment law cases, if you can discover it and get it into evidence. Learn ethical methods of eDiscovery related to social media, the nuts and bolts of admitting social media data into evidence, and strategies for using that evidence on both liability and damages claims.
Session 4: Failure to Mitigate - Analyze the legal standards and issues regarding mitigation, including burden of proof, evidentiary requirements, expert testimony, and recent developments. Plus, get trial tips and other practical advice for plaintiffs and defendants.
Session 5: Proving or Defending against Mixed Motive Claims - Tips and traps with this causation standard. more »
Get updated on cutting-edge ethics issues, including attorney-client privilege and waiver issues, ex parte communications, access to social media and computer information, inadvertent disclosure and improper acquisition of confidential information, litigation holds and spoliation issues, and settlement negotiations. more »
Session 1: Federal Employment Law Developments in 2017-2018 - Look back at significant developments in the legislative and executive branches, federal agencies, the Supreme Court and lower federal courts, and explore what the future may hold.
Session 2: Wage and Hour Update - Wage and hour lawsuits continue to proliferate, and rules continue to evolve. Examine intricacies of the FLSA and developing trends in regulation and case law.
Session 3: Flip-Flop at the Board: What’s Gone, What’s New, What’s Coming Under the NLRA - A union lawyer and management lawyer discuss and debate the turn of events and precedent at the NLRB, and how that is impacting employment policies and practices for non-union and unionized employers. more »
Session 1: The #MeToo Movement: Harassment in the Workplace - In 2017, we saw a new surge in harassment claims. Learn about appropriate workplace training and hear viewpoints from both the employee and the management-side experts.
Session 2: Misbehavior in the C-Suite - Misconduct by senior executives implicates unique issues and challenges for employers and lawyers alike. Using real-world examples, explore strategies for handling allegations of misconduct in the C-Suite and how to proceed when those allegations are substantiated. Examine the unique ethical issues presented when a client representative refuses to follow the advice of counsel for dealing with executive misconduct. more »
In the midst of a quickly changing legal environment, it can be a challenge to keep track of what's happening and what CLE can mean for your practice. Hear the latest in this special 4-hour bundle of our best programming. more »
Session 1: Investigations in Today's Woke Workplace - A veteran workplace investigator shares critical tips for ensuring that every complaint investigation is thorough, in good faith, and reliable in the midst of the #MeToo movement, instant social media postings, and polarizing employee relations issues.
Session 2: Reputational Risk: Managing Perceptions with Image Repair - When the reputation of the client is uncertain and “no comment” is not an option, hear from a public relations veteran and an employment attorney on strategies for communicating with the public and employees. Discussion includes the advanced Image Repair Theory crisis communication guide, coordinating the legal and communications team, and the professional ethical rules that govern lawyers when speaking about ongoing conflict.
Session 3: The Boundaries of Employee Free Speech - As social media continues to evolve, employees are increasingly able to express their personal opinions on current events to wider audiences. Examine the rights of employees to express their views both inside and outside the workplace, and the competing rights of public and private employers to respond to those views when they conflict with their own values or those of their customers or employees. Explore when an employer may actually be obligated to take action against an employee for views expressed outside the workplace, including discussion of real-world situations like the events of Charlottesville, VA, the viral misogynistic "manifesto" written by an engineer employed by a giant in the technology industry, and an NFL player’s decision to take a stand by taking a knee. more »
Session 1: Anti-SLAPP for Employment Lawyers - The Texas Citizens Participation Act created new challenges in pursuing, and new opportunities for defending, certain employment-related claims. Review recent case law interpretations and analyze Texas’ anti-SLAPP statute, it's expanding reach, and the implications for employment lawyers.
Session 2: Effective Use of Expert Witnesses - Expert witnesses can make or break your case. Explore different ways to use them, and what you can and can't do with their testimony.
Session 3: ADR Advantages, Disadvantages and Techniques: The Smoothest (Mostly) Road to Yes... or at Least to Closure - From both sides of the docket, experienced employment litigators now serving as mediators and arbitrators address why, when, and how employment claims can be resolved quickly and efficiently through mediation or arbitration, dispelling certain misconceptions, and suggesting ways to avoid common errors in ADR.
Session 4: Damages in Trade Secret and Non-Compete Cases - Damages are a crucial but often overlooked component of litigation arising from restrictive covenants. This presentation addresses key legal principles and recent developments in the area of damages in this type of litigation. more »
Session 1: State Employment Law Update: Texas and Beyond - Review employment-related developments under Texas state law with a discussion of significant new Texas cases and important trends in other states.
Session 2: Texas Unemployment and Payday Law Update - Get updated on how the Texas Workforce Commission has been ruling on unemployment, wage, and discrimination claims. Follow an outline of the most important compliance issues, and hear highlights of the best practices to follow when assisting clients with unemployment and wage claims. more »