eCourses

Need ethics credit? We’ve got you covered! UT Law CLE’s First Friday Ethics streams live every first Friday of the month, and features some of our best ethics speakers and presentations for a total of 3.00 hrs ethics credit. Fulfill your entire annual ethics requirement in Texas in one day!   This month includes: (0.75 hr | 0.75 hr ethics) Techniques for Negotiating With Difficult Counterparties (Replay) Hear advice on how to negotiate contracts with difficult counterparties, and explore the importance of our own mindset and how to manage our emotions in these situations. Walk through five types of outrageous negotiation positions and effective responses to defuse and reset the tone of the discussions. Laura Frederick, How to Contract - Austin, TX (0.75 hr | 0.75 hr ethics) The Grievance Process and Most Common Violations (Replay) The presentation is intended to provide general information regarding the amendments made to the grievance process in 2018, the proper way to respond to a grievance identifying attorney misconduct, and common problems to avoid in practice. Nicole E. Jackson, Rosenblatt Law Firm - San Antonio, TX (0.50 hr | 0.50 hr ethics) Practical Uses of AI in M&A: Large Language Models to Create New Realities (Replay) What if you could review thousands of contracts, determine the potential risk of anti-assignment clauses, and have a first draft of a memo in under 15 minutes? Over the past year, the legal profession has seen incredible advances in the use of artificial intelligence that are making these possibilities a reality. Large Language Models, such as those fueling ChatGPT, have introduced incredible transformational potential for M&A work. Learn more about what is possible, including ethical considerations, in this new reality. Kenton S. Brice, University of Oklahoma College of Law - Norman, OK (1.00 hr | 1.00 hr ethics) Work Product and Attorney-Client Privilege after In Re Grand Jury: Where Do We Go From Here? (Replay) The law regarding when privileges and protections apply to tax advice was anything but clear leading up to the Supreme Court oral argument in In re: Grand Jury; the Court’s decision to dismiss the case as “improvidently granted” dashed the hopes of tax professionals hoping for a nationwide standard! Hear a review of the current state of the law post-In re: Grand Jury with an emphasis on the Fifth Circuit and how the law there differs from others around the country. Melissa L. Wiley, Lowenstein Sandler LLP - Washington, DC

Includes: Paper Slides

Session 01: Setting Up a Nonprofit: State Law and Organizational Issues and Considerations - Establishing a solid legal and tax foundation is essential for nonprofits. This presentation addresses how to prevent organizational building blocks from becoming missional roadblocks. Session 02: Applying for and Maintaining Tax-Exempt Status - Hear what you need to know to become tax exempt and to stay that way. Session 03: Reporting Obligations for Section 501(c)(3) Organizations - Explore compliance requirements for charitable organizations with IRC section 501(c)(3) status. Provide a framework for the reporting obligations at the federal and state levels. The federal reporting discussion will concentrate on the key reporting items of the Form 990 and when other forms may be required. Discuss the high-level requirements for state registrations for nonprofits, charitable trusts and charitable solicitations. Session 04: Regulatory Horizons Interplay: State and Federal Enforcement - Ex-regulators for both the IRS and states attorney general offices provide perspectives on enforcement activity from the “outside," including a discussion on cooperation amongst the states’ AGs, and communication between state regulators/the IRS. Are they sharing? How does one’s enforcement efforts affect the other? Session 05: IRS Audits - An IRS audit won’t happen to my organization, you say—until it does. Audit preparedness should be at the center of any good compliance regime for a Section 501(c)(3) public charity or private foundation, whether you’re audited this year or in 2030. Review the basics of an IRS audit and gain practical advice on preparing for, understanding, managing, and ultimately surviving the audit process. Session 06: Governance: Essential Organizational Policies and Protections - A strong set of policies serve as a key building block in good governance and organizational effectiveness. This session offers an overview and discussion of a number of standard organizational policies to better understand not only the nature of the policies and their format but also what they are designed to accomplish and how they interact with insurance and tie into an overall compliance program. Session 07: Governance: Managing an Internal Investigation - Explore the anatomy of an internal investigation from a governance perspective— from the allegations, through the first moves and the next steps, to the investigation’s findings and aftermath. An internal investigation can be a complex, fast moving and highly fraught legal experience not for the faint of heart and understanding the role of the board is imperative to a successful outcome. The scope (and costs) can easily get out of hand, and there are many landmines hidden throughout the process. Discuss the following with a special focus on the governance considerations: Who do you tell and when (the executive team, the executive committee, the board, key donors or other stakeholders)? What is the role of each stakeholder and how do you navigate disagreements? Do the allegations warrant a full-fledged investigation or would that be an over-reaction? Do you bring in outside counsel or other third parties (forensic accountants or other experts) and when? What is the proper scope of an investigation? What are the legal and privilege issues involved, in particular when interviewing employees and former employees? What are the communications/PR concerns? What do you do with the findings? Do you do a written report? What should come out of the investigation (employment actions, governance reforms)? Do you self-report to the IRS or other regulators? What do you make public and when? And what is the role of the board (or a board or special committee) in navigating each of these questions? Session 08: Protecting Your Nonprofit Client: Opinions, Privilege, and Return Positions - A practical overview of the legal requirements of tax opinions, the attorney-client privilege in tax situations, and the various types of tax advice on return positions. Discuss the myriad of penalties on organizations and tax return preparers. Hear real-world examples of problems that non-profit organizations face and best practices to solve those problems. Session 09: Commercial Activities and UBIT - Exempt organizations are increasingly focused on generating additional revenue, capitalizing on tangible and intangible assets, and partnering with for-profit entities. This session will cover trends in the area, instances of how the UBIT rules apply, and examples of how including tax in early stage project/revenue planning can add value, improve post-tax returns, and avoid unpleasant surprises. Session 10: Election Year Issues: Political Engagement and Affiliated Structures - A practical exploration of the rules regarding political engagement across the nonprofit sector, including how to maximize impact through the use of affiliated structures. Session 11: MASTER CLASS: Accounting for Non-Profits: Understanding the Balance Sheet and Financial Statements (and the Form 990 Connection) - Hear components of a Non-Profit Organization’s financial statements, including the footnotes, and how information tells the Non-Profit Organization’s financial story. Additionally, learn how to identify differences between the financial statements and the Form 990. Session 12: Cybersecurity and Data Protection Issues Affecting Non-Profits - Many nonprofits collect and store sensitive personal information that is protected by law from identity theft. When there is a breach of the security protecting this sensitive personal information, that poses a risk for the individuals whose data was disclosed, and for the nonprofit that will now potentially be subject to liability for the data breach. This presentation features takeaways for non-profits about how to - at a minimum - assess the risks of a data security breach, and protect its data from unauthorized disclosure.

Includes: Video Audio Paper Slides

Session 01: Lifecycle of Renewable Energy Projects - A discussion of the sequencing of the development of renewable energy projects and how lawyers and developers can best work together to mitigate project risks at each stage of development.  Session 02: Renewable Energy Project Finance 101 - Discuss how various finance tools get stitched together to create a capital stack for a project so it can get developed and built. Session 03: Key Differences between Leases for Solar, Wind and Energy Storage Projects - The type of project being developed can substantially change the terms of long-term real estate agreements. A discussion of the legal provisions required by different kinds of renewable energy projects, as determined by differing uses in land, natural resources, and infrastructure. Session 04: Real Estate and Title Basics for Renewable Energy Projects - A primer on real estate and title matters for wind and solar energy projects. From the lens of real estate attorneys, hear a high-level overview of project timelines and milestones, the path to securing site control, key provisions of landowner agreements, navigating title and survey matters, and providing real estate support for contracting, financing, and sale of the project. Gain insight into critical deal points and best practices to help projects proceed efficiently.   Session 05: What's New? Federal Energy Update - Hear a lively update on developments affecting the renewable energy market. Session 06: Texas Regulatory Update: ERCOT & PUCT - Overview and discussion on recent and relevant PUCT proceedings and ERCOT market changes and initiatives.  Session 07: Joint Venture and Joint Development Agreements - As more new entrants enter the renewable energy industry, we continue to see an increase in joint ventures and other types of joint development arrangements. In this panel, we will discuss the reasons why, different types of joint structures, and key issues that tend to arise in these negotiations.   Session 08: Mineral Issues Impact on Real Estate Documents, Siting and Planning: Texas vs. California - Understanding the interplay of the mineral estate to the surface estate, and site control agreement and title insurance issues and strategies for securing financeable renewable energy surface rights in Texas and California, and more generally. Session 09: ​Top 10 Construction Loan Provisions - An overview of key provisions in project finance construction loan agreements with respect to renewable energy projects. Hear a high-level overview of the structure of a construction loan agreement and highlights of major pitfalls for both lenders and borrowers Session 10: Ethical Obligations in Negotiations - A foundational discussion about how you, as Counsel, accomplish your objectives and meet your goals while acting legally and ethically during negotiations. Reinforces the professional responsibility a lawyer must maintain when faced with ethical dilemmas in negotiations in order to identify: (1) the balance between a lawyer’s obligations of honesty and candor with client advocacy; (2) best practices in negotiations; and (3) the application of the ABA Model Rules of Professional Conduct in legal negotiations.

Includes: Video Audio Paper Slides

Session 01: First Contact, Case Evaluation, and Client Expectations - Learn how to assess who has a claim, potential conflicts, how to evaluate the potential liability, damages, and costs of the case, and how to manage your client's expectations about their case. Session 02: Investigation and Insurance - Examine critical aspects of the crash investigation, including the identification of potential parties and the myriad of potentially applicable insurance coverages. Session 03: ​Important Cases in the Prosecution and Defense of UM / UIM Cases - A review of recent cases impacting UM/UIM cases and the strategies for prosecuting and defending uninsured and under-insured motorist claims. Session 04: Low Property Damage Cases - Prosecuting and defending personal injury cases with minor property damage can present challenges. This session discusses the experiences and strategies from the plaintiff and defense perspectives. Session 05: Commercial Vehicle Accidents 101 - Learn about commercial vehicle litigation from the plaintiff and defense perspective. The presentation includes litigation involving tractor-trailers, commercial vehicles, and commercial buses. Session 06: Subrogation and Liens: Medicare, Medicaid and Hospitals - Health insurers and providers compete with claimants for personal injury recoveries. How do attorneys protect plaintiffs and defendants from subrogation interests and medical liens? The CLE paper covers all state and federal topics (ERISA, worker’s comp, child support, attorney liability, etc.) but the presentation drills down on three big subjects. Session 07: ​Negotiating with Insurance Adjusters - Learn how to maximize case value through preparation and presentation of the demand package. Session 08: Recurring Ethics Issues in Car Crash Cases - This session discusses recurring ethics issues in car crash cases affecting attorneys representing plaintiffs and defendants. Session 09: Recent Changes to the Advertising and Solicitation Rules: The Highlights - Comprehensive changes to the Texas Disciplinary Rules governing advertisements and solicitations became effective in 2021. This presentation highlights some of the most notable changes.

Includes: Video Audio Paper Slides

Hear what you need to know to become tax exempt and to stay that way.

Includes: Video Audio Slides

Establishing a solid legal and tax foundation is essential for nonprofits. This presentation addresses how to prevent organizational building blocks from becoming missional roadblocks.

Includes: Video Audio Paper Slides

This session covers the fundamentals of the Form 990, with an emphasis on the essential information that every director, officer, fundraiser, and staff member must understand. Hear how the Form 990 is simultaneously a public relations tool for potential donors and a compliance roadmap, both internally (for staff) and externally (for regulators).

Includes: Video Audio Slides

This session discusses the legal and accounting implications that one should consider when a tax-exempt nonprofit corporation decides to merge with another non-profit, dissolve or undertake other formation changes. When a significant change in formation and/or structure occurs, public charities and private foundations will need to follow steps to execute the change in a legal, efficient, and beneficial manner, and this session discusses these steps so you and your organization are prepared should you decide to pursue a significant change in formation and/or structure.

Includes: Video Audio Slides

Introduction into the basics of the US electric grid as they relate to renewable energy resources including, what the US grid looks like; who runs, operates and owns it; and how do renewables fit in and effect its operation. Also, walk through the state and federal regulatory landscape, looking at the role and authority of FERC and state Public Utility Commissions, RTOs and ISOs. Hear an introduction to the key concepts of the wholesale and retail markets, discuss the key mechanisms for compensating distributed energy and large renewable resources for their services to the grid, and look at the examples of state renewable energy incentives (REC procurement, DG rebates etc.). 

Includes: Video Audio Slides

A discussion of the sequencing of the development of renewable energy projects and how lawyers and developers can best work together to mitigate project risks at each stage of development. 

Includes: Video Audio Slides

A high-level overview of key power purchase agreement structures and terms and the allocation and mitigation of risk in PPA transactions.

Includes: Video Audio Slides

Includes: Video Audio Slides

An overview of federal, state, and local permitting and siting considerations that renewable energy project proponents should be aware of and take into account. Review the timing, cost, legal, financing, and other implications.

Includes: Video Audio Slides

A primer on real estate and title matters for wind and solar energy projects. From the lens of real estate attorneys, hear a high-level overview of project timelines and milestones, the path to securing site control, key provisions of landowner agreements, navigating title and survey matters, and providing real estate support for contracting, financing, and sale of the project. Gain insight into critical deal points and best practices to help projects proceed efficiently.  

Includes: Video Audio Paper Slides

Discuss how various finance tools get stitched together to create a capital stack for a project so it can get developed and built.

Includes: Video Audio Slides

THIS MONTH: Name, Image, and Likeness (NIL) in College Sports, Year Three • Humanitarian Relief & Border Issues • Dealing with Loans in the Context of Divorces, Death, and other Family Disruptions • Licensure with a Criminal Record • Ethics Issues for Transactional Practice

Includes: Video Audio Paper Slides

An overview of business entities and how they may be used by music labels, music publishers, managers, promoters, venues or others in the music business, followed by a discussion of the deluge of data that labels, publishers and managers must deal with in the modern music business.

Includes: Video Audio Paper Slides

Understand the basic copyright and trademark principles and identify where they apply in music,television/film, podcasting, and influencer deals.

Includes: Video Audio Paper

THIS MONTH: Contracting with Third-Party Vendors: Top Risk and Privacy Law Considerations • IRAs In Estate Planning, or Trust Me, I'm an EDB for RMDs After the RBD • Beating the Expert • Running Your Law Firm as a Business • The Unruly Client

Includes: Video Audio Paper Slides

In today’s competitive legal landscape, it’s no longer enough to simply hang your shingle and get by on the broad scope of subjects you studied for the Bar. To thrive as a lawyer, you must understand how to properly run your law firm. You may not be a business lawyer, but all lawyers need to know how to run their business. This CLE seminar provides you with valuable insights, practical strategies, and actionable takeaways to elevate your law firm’s performance and profitability.

Includes: Video Paper Slides