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: 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 »
The COVID Pandemic has caused a number of changes in regulations related to telehealth. This presentation will explore the regulatory issues associated with telehealth, the changes made in response to the COVID pandemic, and which of those changes might remain in place after the crisis. more »
Session 1: Medicaid for Kids - An overview of Medicaid programs for minors in Texas, including challenges, strategies, and planning opportunities.
Session 2: Attorney Website Do's and Don'ts - Learn about key issues to consider when designing and maintaining your legal services website as to not run afoul of rules outlined by the State Bar. more »
dig·i·tal /dij´ĭ-t'l / health /helTH/ • The digitization of human beings has been spurred by the convergence of digital technologies and healthcare to create innovations in artificial intelligence, mobile health, health information technology, wearable devices, telehealth and telemedicine, and personalized medicine. This panel will focus on practical need-to-know insights into structuring and executing deals in this brave new world with the potential to not only save lives but also dominate economies and transform societies. more »
Session 1: Basic Joint Operating Agreements in Oil, Gas, and Mineral Law - Discuss the purposes for a Joint Operating Agreement, its basic structure and issues that arise in its interpretation.
Session 2: Drilling Contracts and Master Services Agreements - Drilling contracts and service contracts are the most common agreements involved in oilfield operations and risk allocation issues. Focus on getting the right indemnity and insurance provisions for your company and avoiding potential pitfalls involving enforceability and indemnity structure. Learn about specific concerns relating to use of the IADC Onshore Drilling Contract form.
Session 3: Update on Surface Use Agreements and Disputes - With the continuing expansion of the traditional and alternative energy sectors in Texas, surface use agreements must be carefully drafted in order to balance conflicting surface uses of the same property. Hear practical guidance for negotiating agreements and navigating disputes over shared use, including an update on recent cases affecting surface disputes.
Session 4: LNG Commercial Models and Challenges Update - Hear an overview of various LNG commercial models offered by first and second wave U.S. LNG export projects. Cover how the choice of project structure may affect the commercial model and marketing efforts.
Session 5: Hedging Oil and Gas Production - An introduction to managing risks associated with the sale of oil and gas production. Examine the benefits and mechanics of hedging, commonly used hedging contracts, and practical considerations impacting hedging transactions.
Session 6: LIBOR and Letters of Intent - Market trends and issues regarding the replacement of LIBOR in transactional documentation and ‘dos’ and ‘don’ts’ or ‘best practices’ for the drafting of the document that typically is the precursor to any significant transaction – the letter of intent.
Session 7: The Digital Fin-Tech Revolution Continues - Listen to a discussion about how gas and power companies, and their lenders, compete and comply with cyber-security concerns. Review concerns including blockchain applications, smart contracts, virtual currency, new data privacy standards (e.g., EU’s GDPR), and fin-tech architects collaborating with regulators to provide “regulatory nodes” to give the government windows of real-time transparency into smart contracts, blockchains and commodity trading. “Isn’t that like inviting a vampire into your house?”
Session 8: Ethics in Contracting Issues - Using hypotheticals, this presentation focuses on a number of ethics issues that might arise in contracting situations. Can lawyers take advantage of privileged communications the adversary inadvertently sends them? Can lawyers receiving electronic documents look for hidden metadata the other side has not scrubbed? What duties do lawyers have in representing contracting parties, with regards to disclosing client confidences to prevent the adversary from being deceived about the clients' intent, or to correct the adversary's misunderstanding about the law, the contract's terms, or the adversary's scriveners error?
Session 9: Nuts and Bolts Ethics for the Business and Transactional Lawyer - A practical discussion of current ethics topics related to business and transactional law, including conflicts issues, and attorney migration between firms. more »
Session 1: Medicaid Update - Current status of the Texas Medicaid Program's policy of treating some (but not all) tax-deferred retirement accounts as exempt from counting as "resources"; and other recent changes in Medicaid law and policy that Texas attorneys planning estates of older clients need to know about.
Session 2: From Long Term Care Medicaid Policy to Fair Hearings - Hear a former Texas Health and Human Services Commission (HHSC) attorney, and current ALJ, give an overview of Medicaid Fair Hearings, including possible changes in the legislature and the implementation of such changes. Also, listen to a discussion about documentary evidence for the hearings.
Session 3: The Medicaid Estate Recovery Program: What It Is, What It Isn’t, and How to Avoid It - A discussion about the Medicaid Estate Recovery Program (MERP), its rules, requirements, and exemptions. The presentation is geared to practical guidance for practitioners facing MERP claims. more »
Examine the ever-changing rules regarding Medicare, Medicaid, ERISA, workers' comp, hospital liens, state employees, local employees, and disability plans. Explore safeguards created by a state law which protects first party and portions of third-party recoveries from many insured plans. more »
Session 1: Drafting Contract Clauses That Actually Help if Litigation Arises - "Tried and true clauses" and boilerplate language can create a false sense of comfort and lead to adverse results in litigation if not periodically updated or checked against recent case law. Investigate how to successfully negotiate changes and terms while avoiding common pitfalls that are ordinarily overlooked.
Session 2: Top 10 Myths About Cybersecurity - Cybersecurity is a realm that often conflates myth with reality, thereby obscuring certain threats and causing overreaction to others. A key to developing a sophisticated approach to cybersecurity is to dispel these fundamental myths that often cause organizations to incorrectly assess threats or misallocate resources. more »
THIS MONTH: Creating Strong and Effective Client Relationships: The Art of Collaboration and Communication • Practicing IP Law Ethically in the Cloud: From the Mundane to the Ethics of AI • Digital Health and Telehealth • How to Take a Better Deposition • Insurance and Indemnification more »
Session 1: Stark Law and Anti-Kickback Update and Examples – Get updated on the regulatory, administrative, case law, and enforcement actions related to the Stark and anti-kickback laws, and review examples of arrangements attracting scrutiny by the enforcement agencies.
Session 2: State of Transition: A Look at the Movement to Value in 2019 – Review the state of the movement to value, including a look at alternative pricing arrangements involving professional and institutional providers. Examine the state of payment reform and recent CMS efforts to reinforce the shift to value. Discuss the use and application of data in developing pricing and payment structures. more »
Session 1: Enforcement Trends Across the Heathcare Industry – Criminal and administrative cases are still making creative use of new theories and trends, and the investigation and litigation of healthcare fraud cases continue across all sectors of the industry. Hear an overview of the latest trends in enforcement, and analyze what the new theories and trends mean for 2019 and beyond.
Session 2: Labor and Employment Issues in the Healthcare Industry – The healthcare industry faces unique challenges as an employer. From whistleblower lawsuits to disruptive behavior in a healthcare workplace, get practical tips for addressing these potential landmines. more »
Explore the basics of health law, with an emphasis on fraud and abuse (including the Stark law and the federal anti-kickback statute), managed healthcare, HIPAA, and Medicare coverage and reimbursement issues. more »
Session 1: Health Plans, Providers, and Current Payment Issues – Examine payment issues and challenges between healthcare providers and health plans, and outline practical strategies for avoiding and (when necessary) resolving or mitigating these payment and dispute issues with both litigation and in-house perspectives and expertise. Explore common sources of payment disputes, including high-cost and chargemaster reimbursement issues, payment disputes in the context of both plan and provider mergers and acquisitions, and patient cost-sharing issues.
Session 2: Reimbursement Changes and the Modern-Day Physician Practice – Hear a discussion on physician responses to changes in reimbursement methodologies and payor relationships. Explore the ways physician groups are transforming themselves through IPAs, ACOs, and partnerships with practice management companies. Analyze the pros and cons of those choices and how physicians might best position themselves for the future. more »
Session 1: Digital Health and Telehealth – Amidst a continued increase in connectivity—from the internet of things to remote diagnoses—developments in technology regularly bring change to the healthcare industry. Explore how technological innovations continue to disrupt traditional practices, and discuss the benefits and risks technology brings.
Session 2: The Opioid Crisis – Explore the role of regulatory forces in the evolution of the opioid crisis and hear the latest on national and state opioid enforcement efforts including State of Texas v. Purdue Pharma.
Session 3: Blockchain: A Primer – Distributed Ledger Technology (aka Blockchain) is a new way to manage trust in a distributed network. But what does that really mean? Look at the basics of Blockchain, how it works, why it can be trusted, and what some of its applications can be in the healthcare space. Gain a basic understanding on the trust model which uses Distributed Ledger Technology, as well as some ideas on how this technology and its trust model can be a way to improve the delivery of healthcare. more »
Session 1: Top Health Industry Issues of 2019: New Health Economy Comes of Age – The US healthcare industry has often lagged other industries (like tech, retail, hospitality) when it comes to modernizing. Once thought to operate outside the greater US economy, the healthcare industry—and its byzantine payment system, complicated regulatory barriers and reliance on face-to-face interactions—is being disrupted. Finally, there’s robust evidence that new economic realities are kicking into gear.
Session 2: Healthcare Year in Review – Hear an informative and entertaining overview of important healthcare developments in the past year, including policy initiatives, regulatory changes, and court decisions.
Session 3: 2019 State and Federal Healthcare Legislative Landscape – Listen to a discussion about how the 2018 elections and new House speakers have reshaped the state and federal legislative branches, significant legislation making its way through the 86th Texas Legislature, and legislative priorities and initiatives of the 116th U.S. Congress. more »
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: The Opioid Crisis • Diversity and Inclusion Initiatives: A Priority and a Challenge • How Can We Persuade in Polarized Times • Technology in the Courtroom • Texas Auto Policies • Practical Ways for Guardians and Caregivers to Prevent Scams and Exploitation 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: Advising Clients Nearing 65 - Turning 65 can be a watershed event in our client's lives. They face many decisions about retirement, concerning Medicare, Social Security, and estate planning. Get tips to help you prepare to advise your clients about some of these important decisions.
Session 2: After 65: Second Chances for Inheritance and Long-Term Care Planning - Address planning options that become unavailable or difficult after age 65 and some of the valuable options for planning that remain available. Key planning options include planning by parents and other family, as well as the modification of wills and trusts to improve beneficial interests. more »