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
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 »
Session 1: Waters of the United States: The Future Regulation of Potholes and Other Issues - Review the recent action of EPA and the Department of the Army in resetting the effective date of the 2015 Rule from August 2015 to February 2020. Listen to a discussion about the likelihood for changes to the 2015 Rule, and the emerging trend of ground water being considered as regulated under the federal Clean Water Act.
Session 2: Groundwater–Surface Water Interaction: Implications for Groundwater Planning and Management - Groundwater pumping generally results in decreased groundwater storage, induced recharge to the area, and decreased spring flow and stream flow. The nature and timing of these three impacts are dependent on many factors, and require an understanding of local conditions. Explore how groundwater–surface water interaction affects groundwater planning and management.
Session 3: Valuation of Water Rights - Credible fair market valuation of water rights is a major challenge in Texas. Explore a thorough and reliable model for determining the fair market value of water rights not only in Texas, but elsewhere around the globe.
Session 4: Marketing Groundwater Rights - An overview of issues facing landowners and groundwater project developers, including: “grass roots politics”, market conditions, pricing concerns, transport considerations, permitting hurdles, and coordination with local groundwater districts.
Session 5: Marketing Surface Water Rights - In pursuing the purchase of a water right, a buyer has to consider a number of regulatory steps in order to make the purchased water right beneficially useful. Just what are those steps?
Session 6: Indirect Reuse of Water - Examine historically disputed issues regarding indirect reuse and learn some of the existing indirect reuse permits. Listen to a discussion about more recent directions and questions regarding indirect reuse coming from the Brazos River Authority System Operation permit hearing.
Session 7: Direct Potable Reuse - Explore the technical, social, and regulatory issues associated with the implementation of direct potable reuse in Texas, including a discussion of several case studies.
Session 8: Application of Governmental Law Requirement to Public–Private Partnership Projects - What responsibilities and attributes of the government, such as obligations of openness and transparency, does a private business assume when it partners with the government on a project?
Session 9: Legal Issues with Permitting Amenity Ponds - Amenity ponds are often constructed in new subdivisions for aesthetic, recreational, drainage, and irrigation purposes. Depending on the location and source of water for the pond, such as state-owned surface water, groundwater, storm water, or reclaimed water, the permitting requirements can vary greatly. Review the various permitting requirements and the legal hurdles associated with these ponds.
Session 10: There's No Accounting for Water - Review the basics of accounting plans used in water rights permitting and gain insight into recent developments and issues. more »
Session 1: Blockchain 101 - A primer on understanding how blockchains, distributed ledger technology, and smart contracts work and the potential application of these digital technologies in the energy industry.
Session 2: 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?” more »
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. more »
How does the growth in wind and solar in Texas impact energy storage investment versus traditional generation investment. How do the Texas market dynamics impact short versus long-duration energy storage? more »
Session 1: Report from the IMM - Hear a review of ERCOT market outcomes for Summer 2018 with preliminary thoughts about the need for any market changes.
Session 2: ERCOT Reserve Margins - Analyze price formation in the ERCOT energy-only market during this period of low system capacity reserve margins. Also, review the implications of Summer 2018 and related market design elements with respect to sustaining existing capacity and the development of new capacity in the ERCOT market from a variety of market perspectives. more »
Explore easy, common sense techniques that you can employ in your law practice to steer clear of legal malpractice, breaches of fiduciary duty, and findings of professional misconduct. A timely and important ethics tune-up that you won’t want to miss. more »
Session 1: Federal Energy Policy and Regulation Update - FERC operated without a quorum for more than six months, and September will mark a full year with a restored quorum and nearly a year with a new chairman. Explore the topics identified for FERC action for the remainder of 2018 and what will likely top the Commission’s agenda for early 2019.
Session 2: Luncheon Keynote - more »
Session 1: Waters of the United States: The Future Regulation of Potholes and Other Issues - Review the recent action of EPA and the Department of the Army in resetting the effective date of the 2015 Rule from August 2015 to February 2020. Also discuss the likelihood for changes to the 2015 Rule, and the emerging trend of ground water being considered as regulated under the federal Clean Water Act.
Session 2: Issues in Texas Liquids Pipeline Regulation: Shipper Complaints as a Tool to Regulate the Texas Market -
Session 3: Current State of Power M&A in Texas - A review of the past year's M&A activities in Texas. more »
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. more »
Mexico has finalized the key legal framework for the energy sector, which derived from the 2013 Constitutional reform and has attracted substantial foreign investment in upstream, midstream, downstream, power and renewable energies. The implementation of the Energy reform under the TPP, NAFTA 2.0, EITI and ICSID plus a new administration will face new challenges and opportunities in 2018 and beyond. more »
Coordination challenges between natural gas transportation services and electric generation are far from new. Addressing harmonization of these industries service priorities continues to grow more critical as natural gas increasingly supplies electric generation. Using recent efforts to coordinate these diverse industries and examining conflicting regulations, we can better understand the current activity underway at the federal and state level. more »
Session 1: Texas Legislative and Regulatory Update - Provides an update on recent judicial and administrative decisions affecting the Texas gas and electric industries along with a look ahead at what may be topics of change for the 86th Legislative Session.
Session 2: What is on the Horizon for Energy in the 86th Legislature? - Where does the competitive electric market go from here? Will ERCOT continue to be an attraction to non-ERCOT portions of Texas? What is the appetite to implement new cybersecurity measures, and are additional customer protections necessary? Will imminent domain and condemnation rights come under examination, again? Is horizontal drilling still a darling or does it create new sets of regulatory challenges? Will crude and natural gas exports from Texas continue to grow? Will the energy reforms in Mexico remain a factor in Texas, or will they be stifled? So many questions await in 2019.
Session 3: Updates From The Texas Railroad Commission - more »
Sure, we all negotiate every day and we never intentionally mislead the other side — well, maybe we puff a bit, but that's OK, isn't it? That’s how the game is played, correct? And certainly there’s nothing inherently unethical about the negotiation process, right? Wait — are you sure that the answers to those questions are as clear cut as they seem? Nationally-renowned speaker Mike Rubin, with his unique blend of scholarship and humor, and with one of the most unusual multi-media presentations you’ll ever see, will challenge your thinking, raise issues to ponder, and give you something to smile about. more »
Session 1: GDPR is Effective Today! - May 25, 2018 is the effective date for the European Union’s General Data Protection Regulation, the world’s most comprehensive privacy law. On this day for which so many have prepared, we will share in-house and outside counsel perspectives on what the GDPR means for international companies that do business in the EU, which aspects of compliance efforts have been most challenging, and what lies ahead in maintaining GDPR “accountability” and in connection with the forthcoming, related ePrivacy Regulation.
Session 2: Do You Know Where Your Data is?: Data Sharing and the State of the Law - Modern companies are awash in data. Employees generate it and are usually looking for the most efficient way to share it internally and externally. Review the myriad of problems that can occur even with the most well-meaning of employees. From the possible export control risks of emailing technical information to an overseas colleague, to using Dropbox and other file sharing sites to exchange information, to providing data to contract employees, and more, explore the state of the law as it relates to data and what can happen if you lose control of it.
Session 3: Data Breaches, Big Data, and FTC Oversight - Learn how and why the FTC polices data breaches and the collection and exploitation of big data.
Session 4: Protecting Client Information-Cyber Protection Duties as an Attorney - Explore the ethical and legal obligations of attorneys and law firms to protect client data and communications from the latest cybersecurity threats.
Session 5: Ethics and Professionalism in a Global Environment - Ethics and professionalism are being influenced by many factors in today’s global environment. Consider some of these factors, along with areas of commonality amongst the legal ethics rules from a sampling of jurisdictions.
Session 6: Law Firm Data Security and the Ethical Duty of Technology Competence - As clients demand attorneys deliver legal services more efficiently by using technology it increases pressure to have technical knowledge and proficiency. Further, the American Bar Association and 28 states have created a model rule for the ethical duty of technology competence. Hear an overview of the significant material risks and impact on a law firm following a breach and the potential consequences from an ethics and disciplinary perspective. 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: Analysis of Royalty Clauses and Issues: Past, Present and Future - Analyze the evolution of royalty clauses—up to and including current issues—by reviewing recent decisions and pending cases, post-production costs, Heritage, the impact of implied covenant law on royalty obligations, royalties on gas plant products, definitions of marketing and gathering, and other topics pertinent to royalty payments today.
Session 3: LNG Update - According to the IEA, LNG could be the “second revolution” in natural gas markets. Global LNG trade reached another record year in 2016 as new supply from Australia and the United States came online and found its way to markets in a diverse array of countries. The world’s traditional buyers are becoming sellers as potentially huge LNG demand markets open up in China and India. Hear an update of the key developments impacting global LNG markets.
Session 4: 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 5: A Primer on Marketing Oil and Gas - Discussion of the basic concepts associated with a producer’s marketing of its oil and gas production, including overviews of (a) the applicable provisions of UCC Article 2, (b) the basic provisions of the Conoco general terms and conditions applicable to sales of crude oil as well as the standardized LEAP “master” form agreement for crude oil and refined petroleum products, (c) the provisions commonly found in contracts for the purchase of natural gas by gatherers and processors, as well as by gas marketers utilizing the standardized NAESB “master” form agreement for natural gas, and (d) applicable regulatory principles.”
Session 6: 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 7: Nuts and Bolts Ethics for the Business and Transactional Lawyer - Engage in a practical discussion of current ethics topics related to business and transactional law, including conflicts issues, and attorney migration between firms. more »
Session 1: Protecting the In-House Attorney Client Privilege - A practical overview of the attorney-client privilege as it applies to in-house counsel communications. Hear best practices for protecting communications, common pitfalls, and real world hot topics. Focus on “intermingled” legal and business communications, investigations, and multi-jurisdictional disputes, as well as discovery and litigation planning and management.
Session 2: Ethics and Professionalism in a Global Environment - Ethics and professionalism are being influenced by many factors in today’s global environment. Consider some of these factors, along with areas of commonality amongst the legal ethics rules from a sampling of jurisdictions.
Session 3: Taking Care of Ourselves: Lessons in Work–Life Balance and Self-Care - In a high-stress profession, everyone is vulnerable to destructive habits harmful to ourselves and our clients. Hear a candid discussion about the reality of risk to the profession and anecdotal tips for changing the statistics. more »
Session 1: Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality - Understand the fundamental tensions in anti-discrimination law, how it impacts plaintiffs and defendants in the litigation system, and hear practical recommendations for how to better respond to persistent patterns of discrimination.
Session 2: Expanding Your Firm: How to Hire Contract and Associate Lawyers - What are the basics that you need to know? How do you manage your staff and attorneys? Get practical tips on how to answer these questions so that your firm can continue to flourish.
Session 3: Protecting the In-House Attorney Client Privilege - A practical overview of the attorney-client privilege as it applies to in-house counsel communications. Hear best practices for protecting communications, common pitfalls, and real world hot topics. Focus on “intermingled” legal and business communications, investigations, and multi-jurisdictional disputes, as well as discovery and litigation planning and management. more »
Session 1: Avoiding Potential Discipline Situations - Examine the application of Circular 230 and various state ethics rules to common situations encountered by tax professionals in planning, audits and compliance. In connection with each situation, hear ways practitioners can avoid or remedy problems that may arise so that practitioners can stay out of disciplinary trouble.
Session 2: Protecting, Overcoming and Distinguishing the Work Product Privilege in Texas - 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 »