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: The Gig Economy: Don't Call It a Comeback • Ethical Issues Presented by Changing Technology • Conducting a Risk Assessment • Insurance and Rideshare Litigation • FinTech and the Changing Landscape of Mortgage Lending 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: What Small and Mid-Size Businesses Need to Know About GDPR - The EU's General Data Protection Regulation (GDPR) has been a game-changer for companies of all sizes. Learn the important details of GDPR including who it applies to, recent guidance from European Data Protection Authorities, and how to gauge and mitigate the risk to your organization.
Session 2: California and Other Privacy Law Developments in the Wake of GDPR - Review upcoming California Consumer Privacy Act requirements for covered businesses, hear about operational trade-offs in charting a compliance pathway for privacy, and learn about emerging privacy regimes both here in the US and internationally.
Session 3: 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 4: 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 5: 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 6: 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 7: 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: Issues and Drafting Tips When Owners’ Situations Differ - Partners or LLC members may differ in percentage ownership, financial wherewithal, or knowledge of the business. Address common mechanisms for protecting rights when the owners’ interests and profiles vary.
Session 2: Drafting Deadlock-Breaking Mechanisms - A discussion of buy-sell provisions, put/call options and other deadlock-breaking mechanisms in LLC and partnership agreements. This presentation will provide the practitioner with a framework for avoiding litigation and/or termination when members, managers, and partners fail to agree. more »
Increasingly technology is integrated into the practice of law. Examine lawyers' current ethical responsibility in relation to the use of technology and how such responsibility may change as technological advances, like artificial intelligence, become more commonplace in the practice of law. more »
In business transactions, especially those involving LLCs and partnerships, the practical reality facing business attorneys involved in transactions is the ubiquity of ethical issues when representing multiple parties. Explore the thorny issues of multiple party representation. more »
Review legislative, judicial and IRS guidance over the past year as it impacts partnerships and LLCs with a focus on choice of entity, Section 199A deduction, examination provisions, new loss limitation rules and Section 1061 holding period requirements. more »
Session 1: Carrying On About Carried Interests - Carried interests—also known as profits interests—have been used for decades to motivate and reward key employees, partners and members. The 2017 tax act makes significant changes to the way in which carried interests are taxed. Review current thinking on the use of carried interests, learn cutting-edge techniques for drafting carried interests, and analyze how carried interests are taxed.
Session 2: Qualified Opportunity Zones - Tax reform brought us a new regime for tax-favored investments in qualified opportunity zones, and while the potential benefits are being referred to as “unprecedented,” the rules are still being written. Discuss those benefits, the requirements to obtain them, potential traps along the way, as well as remaining open questions. more »
Session 1: Case Law Update - A survey of recent Texas cases addressing significant issues (fiduciary duties, piercing the entity veil, and more) in the context of LLCs and partnerships (including limited partnerships and LLPs).
Session 2: The Future Isn’t What It Used to Be - An update on recent Texas cases concerning charging orders and the effect of those decisions on asset protection and other business planning.
Session 3: Legislative Update - Hear a summary of non-tax legislation that has been or is expected to be adopted in the 2019 Texas Legislature that affects partnerships and LLCs and selected other entity-related bills.
Session 4: Texas State Tax Update - Learn about recent developments regarding the Texas franchise tax and the Texas sales and use tax. Listen to a discussion about recent court opinions, important pending litigation, administrative policy developments, and legislative changes. On the franchise tax side, learn about taxpayers’ ongoing cost of goods sold saga with the Texas Comptroller, as well as the upward tick in apportionment litigation. On the sales and use tax side, hear updates impacting taxable services and key exemptions.
Session 5: Secretary of State Update - Ever had a document rejected by the Secretary of State? Hear filing tips, do’s and don’ts, and learn about other administrative issues that will make you an expert on filing with the Secretary of State. more »
The Texas Series LLC is a great tool for specific situations, but practitioners should be wary of the continuing distinction between an entity and its series. A brief examination of remaining questions and issues practitioners should consider before using a series in Texas and how the series interacts with other areas of law. A Uniform Protected Series Act is making its way through the states and seeks to resolve several of the supposed weaknesses in series law. A brief examination of how Texas compares to the new model code and what practitioners may want to know as more states adopt it. Delaware now allows for the creation of a "registered series." An update for practitioners on whether this might be a solution for open questions in Texas. more »
Starting up any venture requires careful attention to business and legal considerations. Watch Jessica Vittorio and Bryon Boyer in this multi-part "essentials" course designed to walk you through key issues and considerations for startups, from entity formation and governance to tax consequences, internal operations and contracts, IP concerns, and financing. more »
Session 1: 2018 Case Law Update - Learn what Texas courts have said during the past year about important issues (fiduciary duties, piercing the entity veil, and more) in the LLC and partnership context.
Session 2: Federal Tax Update - Review rate considerations when considering entity selection, bonus depreciation considerations in planning acquisitions, new limitation on business losses, and other changes to the federal income tax law to consider when forming and structuring transactions under the Tax Cuts and Jobs Act of 2017.
Session 3: 2018 Secretary of State Update - Get a practical overview of the new entity name standard, hear filing tips, and learn about other administrative issues from the Office of the Secretary of State.
Session 4: To C or not to C? Entity Selection in the New Tax Age - Tax reform enacted in 2017 changed the tax treatment of business entities, including a reduction in the corporate rate and a new deduction for partners, and brings new considerations into play when choosing or changing the form of doing business. Listen to a discussion about the operation of the new rules that may influence your selection now, when and why pass-through entities may still be the right choice and how and when multi-entity structures may be useful.
Session 5: Model Company Agreements - Walk through refinements to the model agreements for simple limited liability companies, including modifications related to the recent legislative changes to the Texas Business Organizations Code.
Session 6: Drafting Partnership and LLC Agreements for the New Partnership Audit Rules - 2018 ushers in a paradigm shift in the IRS's approach to partnership audits. Hear these new rules explained at a high level and review sample language to include in partnership and LLC agreements to account for these new rules.
Session 7: "Hello"—Inadvertent Partnerships - Partnerships can arise through the conduct of parties. Explore what makes a relationship a partnership and what to do to avoid partnership characterization.
Session 8: Inadvertent Partnerships Revisited - Hear an update on inadvertent partnerships after the Dallas Court of Appeals decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P.
Session 9: "Good Bye"—Buy-Outs or Exits - All good (and not so good) things must come to an end. When owners of an LLC or partnership are ready to part ways, what does one want in the Company Agreement/Partnership Agreement in order to facilitate an orderly exit by the departing owners?
Session 10: Effective Engagement Letters and Other Simple Risk-Management Tools - Keeping the client reasonably informed is required under the Texas disciplinary rules of professional conduct, and doing so is good risk management. Examine how effective engagement letters, disengagement letters, and other communications keep the client reasonably informed and engaged, while helping to control the client’s expectations, promoting effective risk management, and reducing the likelihood of legal malpractice claims.
Session 11: Nuts and Bolts Ethics for the Business and Transactional Lawyer - Listen to a practical discussion of current ethics topics related to business and transactional law, including conflicts issues, and attorney migration between firms. more »
THIS MONTH: Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality • After 65: Second Chances for Inheritance and Long-Term Care Planning • View from the Mediator • Maximizing Your Firm's Profit with Better Financial Data • Ethics for Business Lawyers more »
Session 1: Perspective on the Tax Legislative Process - Get a behind the scenes look at the Tax Cuts and Jobs Act, focusing on how specific provisions were enacted and the intent behind the provisions.
Session 2: Rock, Paper, Scissors? Choice of Entity After Tax Reform - The Tax Cuts and Jobs Act of 2017 changed the tax treatment of business entities, including a reduction in the corporate rate and a new deduction for partners, and brought new considerations into play when choosing the form of doing business for your clients. Hear about the factors that may influence your selection now, when and why pass-through entities may still be the right choice, and how and when multi-entity structures may be useful.
Session 3: Structuring Business Transactions After the Tax Cuts and Jobs Act - Examine the impact of the Tax Cuts and Jobs Act on mergers and acquisitions, including the effect of new tax rates, expanded bonus depreciation, and new limitations on interest deductions.
Session 4: International Changes - The international tax arena was significantly changed in 2017 with the Tax Cuts and Jobs Act, including an expansion of its reach into purely domestic transactions. Listen to a discussion about these changes, and identify the key issues they raise for practitioners. more »
Explore the latest developments and current status of the new partnership audit rules, as well as tips, traps and trends in drafting partnership and LLC agreement provisions addressing these rules, and learn how to successfully navigate issues in drafting such provisions, including how to determine who the client is and how to address potential conflicts of interest among partners. 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 »
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 »