Answer Bar: Oil, Gas and Energy Agreements and Contracting Essentials
Session 1: Midstream 101: A Primer on Understanding Midstream Contracts and Identifying Key Issues - Explore midstream transactions and the contracts commonly utilized in the industry to gather, transport, and process oil and gas. Work through commercial and regulatory considerations and key issues when drafting midstream contracts. Session 2: The Oil and Gas Lease, Part I: Classification, Scope of Grant and Duration - An in-depth focus on how an oil and gas lease is classified in law and on the key clauses of the lease. Session 3: The Oil and Gas Lease, Part II: The Royalty Clause in an Oil and Gas Lease - In Texas, the calculation of the royalty obligation created under an oil and gas lease is determined by looking at the specific language contained in the royalty clause. Royalty terms in the lease such as "market value at the well" or "amount realized" establish how the royalty payor must measure and calculate royalty, and what post-production costs can be allocated to the lessor interest. This presentation reviews some of the principal phrases used to describe such obligations and how the Texas courts have interpreted them, and examines how that same language has been interpreted differently in other jurisdictions. It analyzes the impact of division and transfer orders and royalty payment statutes on royalty obligations contained in the lease. Session 4: The Oil and Gas Lease, Part III: Implied Covenants - Examination of the law of implied covenants, including the duties imposed, elements necessary to establish a claim, and remedies and defenses available. Session 5: The Oil and Gas Lease, Part IV: Other Clauses - Review other clauses in an oil and gas lease, including surface use clauses and riders, retained acreage and proportionate reduction clauses, and savings clauses such as continuous operations, dry hole, force majeure, and shut-in gas royalty clauses. Session 6: Emerging and Re-Emerging Issues in the Use of Surface for Oil and Gas Operations - Explore the nature and extent of the implied easement to use the surface, and a framework for analyzing the accommodation doctrine. Also hear a survey of emerging and re-emerging issues involving conflicting uses of the surface estate, including conflicts with renewable projects, saltwater disposal operations, sand mining, and subsurface easements. Session 7: JOA Negotiation: Operator and Non-Operator Perspectives - Review key provisions of the American Association of Petroleum Landmen 610 Model Form Operating Agreement from both the operator’s and non-operator’s perspectives. Session 8: Session 9: MSA Negotiations - A mock negotiation of a master service agreement with particular attention paid to the insurance and indemnity provisions to ensure an effective risk allocation program. Session 10: A Primer on Oil and Gas Transportation Agreements: Key Issues & Considerations - Explore midstream transactions and the contracts commonly utilized in the energy industry governing the movement of oil and gas from the wellhead to a point downstream for resale or further handling. Work through commercial and regulatory considerations and key issues when analyzing and negotiating transportation contracts. Session 11: Split Estate Issues (Mineral, Wind, Solar and Water) - Explore competing uses, common conflicts, and potential solutions. Session 12: Make Peace, Not War: Negotiating and Drafting Accommodation Agreements in the Oil and Gas Industry with Wind and Solar Companies - A brief discussion of the basic elements of a comprehensive accommodation agreement, which shall include pitfalls to avoid in drafting such agreements, as well as an overview of typical accommodation issues and how best to resolve them. Session 13: Communication with Opposing Counsel and Landowners - Common law rules, the fields of tort and contract, as well as rules of professional ethics, govern a lawyer’s or landman’s negotiations on behalf of a client. By remaining mindful of these rules, including how the rules differ depending on whether you are negotiating with opposing counsel or a landowner, you can stay out of trouble and better serve your client. Session 14: 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.
Includes: Video Audio Paper Slides
- Total Credit Hours:
- 9.50 hrs | 2.25 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 9/30/2024
-
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Answer Bar: Oil, Gas and Energy Agreements and Contracting Essentials4 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
Answer Bar: Handling Employee Investigations in Today's Workplace
Session 1: Investigating Sensitive Employment Complaints- The investigation of an employee's complaint may be critical to an employer's only means of avoiding liability. The investigator may be a witness, and the notes may be evidence. Learn how to investigate and document the process. Session 2: Handling and Responding to an Investigation (When Your Employees Are Remote) - As a result of the COVID-19 pandemic, many companies have transitioned important business functions from in-person to fully remote. Listen to a discussion about key practical issues for companies to consider when carrying out investigations in the remote working environment. Session 3: Whistleblowers - A plaintiff-side and defense-side lawyer discuss protections and pitfalls for individuals and employers under state and federal whistleblower statutes. Session 4: The New Landscape for Sexual Harassment Claims in Texas - Texas lawmakers have recently expanded the protections for employees asserting sexual harassment claims. Analyze the new longer statute of limitations, broader definition of employer, potential individual liability, heightened duty to respond, and more. Session 5: Employee Activism and Workplace Political Speech - Analyze legal and practical implications of employee activism and political speech including best practices for employee training, policy development, and navigating related day-to-day workplace realities. Session 6: Recent Developments and Best Practices in Diversity and Inclusion - Review best practices in diversity and inclusion, with a specific focus on the evolving impact of the pandemic (health and racial). Session 7: How to Be an Ethical Ally (When You Work with a Bunch of Attorneys) - Are you a person who notices inequities around you? Do you want to respond when you see or hear another person being slighted? Do you work with a bunch of attorneys? If you said "yes" to any of these questions, then this is the ethics presentation is for you. We'll dive into some common biases sometimes seen in law firms and legal departments and discuss how you can effectively interrupt these biases by being an ally to your peers and to your profession.
Includes: Video Audio Paper Slides
- Total Credit Hours:
- 5.25 hrs | 1.50 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 8/31/2024
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Answer Bar: Handling Employee Investigations in Today's Workplace3.88 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
Answer Bar: Maximizing Technology in Your Law Practice
Session 1: The Duty of Technology Competence - Understand the importance of technology competence for your practice and the ethical obligations to be competent. Explore the current landscape and recent decisions in this area, as well as common problem areas for attorneys. Session 2: Conducting Cost-Effective E-Discovery and the Use of Technology Assisted Review (TAR) - Examine how technology-based processes, specifically technology assisted review (TAR), can be cost-effective and efficient solutions for e-discovery in litigation. This session highlights situations where TAR is often the preferred tool over attorney review and flags times that it is not, and discusses how to address contentious issues that may arise in TAR-related negotiations with opposing counsel. Session 3: Social Media Hot Topics - Should social media platforms be civilly liable for the content that their users post? Is the content moderation on platforms like Facebook and Twitter subject to statutes like those passed in Florida and Texas? Come hear the latest on these issues currently before the U.S. Supreme Court, as well as other cutting edge topics in social media - like service of process via social media and even NFTs, the evidentiary value of emoji and memes, and the limits on how lawyers can ethically respond to online criticism. Session 4: Communication - Attorneys have a duty to keep client communication secure. Get practical tips on conducting communication with the courts or with opposing counsel, as well email filtering and its impacts on communication including filing deadlines, etc. Session 5: Cybersecurity and Protecting Against Cyber Scams - An informative program about the legal standards that govern a compliant cybersecurity program as well as an update about the ethical duty of technology competence that affects all Texas lawyers. Session 6: Will Robot Lawyers Steal Our Jobs, and Can They do the Job Ethically? - As artificial intelligence tools like ChatGPT and others have entered the legal sphere, questions naturally arise as to the extent to which AI can satisfactorily complete legal tasks. AI is being widely used for everything from legal research to the drafting of contracts snd pleadings to even assisting with jury selection. But can “robot lawyers” truly replace their human counterparts? This program examines not only the ways in which AI is impacting the legal profession, but also the multiple ethical dimensions of AI use - from our duty of tech competence to our duty to supervise non-lawyers.
Includes: Video Audio Paper Slides
- Total Credit Hours:
- 4.50 hrs | 3.75 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 8/31/2024
-
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Answer Bar: Maximizing Technology in Your Law Practice4 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
Answer Bar: Considering a Special Needs Trust
Session 1: Public Benefits Overview and Key Concepts - Hear an overview of the different public benefits programs that may impact a special needs client, and explore Texas-specific waivers as well as federal and state regulations. Session 2: Special Needs Trusts 101: The Basics - An overview of the basics of special needs trusts and public benefits including selection of appropriate trust option, pitfalls to avoid and case examples. Session 3: Redlining the Basics of a SNT - Dissect a basic third party SNT to highlight the various provisions and boilerplate language that make the SNT a unique animal in the special needs planning ecosystem. Session 4: Maximizing Public Benefits - Review the basics of SSI, Medicaid and other disability benefits that trustees must know and protect; and catch up on recent changes and trends affecting trust beneficiaries who depend on those benefits. Session 5: Working Together: Texas ABLE Accounts and Special Needs Trusts - Learn about the tax-advantaged Texas Achieving a Better Life Experience Program (Texas ABLE®), a disability savings program created specifically for Texans with qualifying disabilities. This session covers specifics about Texas ABLE and how it can be used in conjunction with Special Needs Trusts, while helping to preserve state and federal means-tested benefits, including SSI and Medicaid. Learn how recent regulatory and legislative developments have continued to expand the flexibility and impact of ABLE accounts. Session 6: Initial Client Meeting Guidance and Resources - Exploring the art of focusing client appointments and staying on track. Session 7: Reporting a Trust - Address practical steps in determining when, how, and to whom special needs trusts should be reported. Session 8: Pooled Trusts: Your Answer to Transfers and Over 65 Strategies - Is the size of a trust no longer economically feasible? Are you worried about a transfer of assets penalty? A pooled trust sub-account be a better fit! Discuss transfers from a D4A to a D4C, the authority, the pitfalls and the successes. Solutions for people over 65 who need a self-settled SNT are limited but a pooled trusts and the “half-a-loaf” strategy may be considered as an appropriate option. Session 9: SSA Regional Trust Leads Presentation Regarding SSI Trusts - The SSI trust review business process requires evaluation of trusts that need a resource determination (such as new trusts or amended trusts) in all initial claim and post-eligibility events. Regional Trust Leads and Trust Reviewers evaluate trusts to determine if they meet the SSI eligibility requirements of (d)(4)(A) and (C). This session provides background information, describes the basic eligibility requirements, and provides applicable examples. In addition, hear the latest regarding recent Program Operations Manual System updates and the number of trust review cases SSA reviews. Session 10: Masters of SNT—What I Know Now That I Wish I Had Known Back Then - Four of our most experienced SNT attorneys share what they have learned that they don’t usually talk about on microphones: how they have found the work they love; developed a passion for forms and systems; attracted and selected the best clients; built supportive and inspiring networks; and learned from their mistakes.
Includes: Video Audio Paper Slides
- Total Credit Hours:
- 8.25 hrs | 1.00 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 4/30/2024
-
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Answer Bar: Considering a Special Needs Trust3.5 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
Answer Bar: Navigating a Renewable Energy Project
Session 1: Introduction to Financing Renewable Energy Projects - Raising capital for clean energy projects continues to evolve as we deal with market headwinds and tailwinds, new and old. Positives include many new investors providing liquidity, innovative financing structures, broad public support and long-term government policy provided by passage of the Inflation Reduction Act. On the other hand, we face challenges due to increasing interest rates, risk aversion from many offtakers, development bottlenecks and ongoing limited tax equity capital. Session 2: 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 3: Comparison of Title Insurance Differences Between Texas and ALTA - An overview of the standard energy endorsements and the key differences between ALTA and Texas endorsements. Session 4: ERCOT Update - What changes are in store for ERCOT electricity markets? Will they be meaningful, or just for show? Session 5: What's New? Federal Energy Update - Hear a lively update on developments affecting the renewable energy market. Session 6: States’ Policy Update - Hear about the impacts of and goals being set for renewables, because of the IRA in California, Illinois, and New York. Session 7: 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 8: Latest Developments in Energy Hedge and PPA Agreements - Commercial and legal terms in hedging and power purchase agreements continue to change in light of significant supply chain disruptions, the passage of the Inflation Reduction Act and winter storm Uri, among other factors. What changes are being seen in PPAs and hedges? How have increased renewables development, new IRA incentives and other similar changes impacted those changes? Session 9: 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: Development-Stage Renewable Energy Project Acquisitions - The purchase or sale of a renewable energy project while it is in development presents a unique set of issues, such as a success and royalty based purchase price, buy back rights, build out restrictions, shared facilities and what closing conditions will be required. This panel will discuss these issues and more, particularly in light of an ever increasingly competitive market. Session 11: Issues and Compliance for Renewable Projects relating to Executive Order on Securing the US Bulk Power System - Executive Order 13920 is intended to address national security threats by foreign adversaries to the U.S. bulk-power system. Explore challenges facing developers posed by the Executive Order’s restrictions on sourcing of power system equipment. Session 12: Mineral Estate Issues in Solar Projects - Analyze mineral, title, and site control considerations in solar projects and provide a general overview of some of the mineral and title issues faced in these projects. Hear an update from a Texas case addressing the accommodation doctrine with mineral owners in Texas, risk mitigation factors to address mineral and title issues, and best practices to keep in mind in dealing with these issues. Session 13: 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
- Total Credit Hours:
- 8.25 hrs | 1.00 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 4/30/2024
-
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Answer Bar: Navigating a Renewable Energy Project4 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
Answer Bar: Elder Law and Medicaid Essentials
Session 1: Medicaid Update - Latest developments affecting planning and applications for Medicaid to pay for nursing home care and home care, including policies exempting certain retirement accounts from countable assets, how to deal with barriers to Medicaid home care, and status of Lady Bird Deeds and Transfer on Death Deeds Session 2: Overview of Medicaid Planning - What non-elder law attorneys need to know about planning for long-term care. Session 3: The View from 30, 000 feet – Medicaid Myths All Attorney's Should Know - Join Stephanie as she explains Medicaid and Medicare mythbusting and challenges common misconceptions about: MERP, Medicaid, and Medicare, as well as protecting the home and other assets with Transfer on Death Planning and Couples Planning for Medicaid. Session 4: When Your Client May Have Diminished Capacity - In estate planning and elder law, attorneys often have clients that may be in some stage of diminished capacity. This creates ethical and legal issues for the attorney that can’t be ignored. Explore those issues and ways the attorney can navigate these turbulent waters. Session 5: Real Estate Issues in Elder Law - Review issues to better protect your clients, including homestead and agricultural exemptions; recent changes; to inspect or not, what could possibly go wrong; easements; and transactions with an affidavit of heirship within four years of date of death. Session 6: Role of the Guardian - Examine the duties and responsibilities of a guardian under Texas law and guardianship administration, from initiation to closing, including the code requirements of selling and leasing property, ethical issues, and more. Session 7: Alternatives to Guardianship Including Support Services - Exploring the range of supports and services and alternatives to guardianship and a decision tree to determine the necessity of a guardianship in the continuum of care, including an update on capacity assessment tools. Session 8: Out of the Woodwork: Unethical Practices by Geriatric Professionals - With the increase of an aging population, comes an increase in service providers willing and wanting to help older adults. Not every professional has the client's best interest in mind. A summary of professionals that may take advantage of clients and how to spot them will be discussed, as well as what type of credentialing the professionals should have. Session 9: Medicaid Matters and Probate Proceedings - Join Stephanie as she explores how to protect homes from the Medicaid Estate Recovery Program [MERP] through probate proceedings, in addition to understanding the basics of protecting homes from the reach of MERP in the first place. Independent administrations may not always be the best choice, particularly in cases where no statutory waivers apply.
Includes: Video Audio Paper Slides
- Total Credit Hours:
- 7.25 hrs | 2.25 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 3/31/2024
-
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Answer Bar: Elder Law and Medicaid Essentials3.88 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
Would love to see more Medicaid regulatory CLE
Answer Bar: How to Protect Your Nonprofit
Session 1: Organized Exclusively for Charitable Purposes: Nonprofit Formation and Formalities from an Accounting and Legal Point of View - This session focuses on start-up considerations, federal and state laws; choice of entity; articles of incorporation and bylaws; and applying for tax exemption. It provides insight on how different legal structures will impact financial statements and metrics. Session 2: Operated Exclusively for Charitable Purposes: Compliance and Operational Considerations and Structuring - This session focuses on the operating and compliance aspects of maintaining 501(c)(3) status, with a focus on permissible and impermissible activities. Session 3: 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 4: IRS and AG Oversight - This session focuses on federal and state oversight and regulation of tax-exempts, regulatory powers and authority, and enforcement issues. Session 5: 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 6: Governance in a Time of Crisis - This panel will cover both proactive steps to prepare an organization for crisis and practical guidance for navigating through a crisis. Topics will include fiduciary issues, the tools available to allow board members and officers to exercise their fiduciary duties, the role of the board and management during a crisis, and challenging decisions involving funding and endowment management. Session 7: Navigating Self-Dealing and Conflicts of Interest in an Increasingly Interconnected Environment - Gain tools and ideas to avoid self-dealing penalties for private foundations. The code provision has some flexibility and exceptions for compensation, co-investing, and family offices, but once an impermissible deal occurs, the cash or property involved must be returned and the penalty cannot be abated. Reasonable cause concepts don’t apply! Session 8: 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 9: Elections and Nonprofit Compliance - As we wrap up a tumultuous election year and gear up for 2024, it is important for nonprofits to understand how to engage effectively and, most importantly, legally in the electoral process. Take a deep dive into real life examples and analyze potential legal landmines and how to avoid them. Given the small class structure, we hope that attendees will come armed with their own examples that can be discussed by the group. Session 10: Cybersecurity: What To Do Now To Help Protect Your Organization Against Cyberattack - Organizational cybersecurity is a significant challenge in normal times. During the pandemic, with limited resources and geographically dispersed staff, including IT and information security personnel, the challenge can feel insurmountable. Discuss the current elevated threat landscape and ways in which nonprofits can improve and bolster their defenses to cyber-attacks, despite the ongoing workplace burdens associated with COVID-19. Session 11: Ethical Challenges for Nonprofit Organization Advisors - Focus on ethical responsibilities and considerations in representing non-profits before the IRS. In particular, the session will address the practical impact of Circular 230, the intersection between Circular 230 and state rules for both attorneys and CPAs, and ethical issues that can arise while managing IRS exams and other encounters with the IRS.
Includes: Video Audio Paper Slides
- Total Credit Hours:
- 10.75 hrs | 2.00 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 3/31/2024
-
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Answer Bar: How to Protect Your Nonprofit4 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
Answer Bar: Going to Trial on an Employment Law Case
Session 1: Investigating Sensitive Employment Complaints - The investigation of an employee's complaint may be critical to an employer's only means of avoiding liability. The investigator may be a witness, and the notes may be evidence. Learn how to investigate and document the process. Session 2: Whistleblowers - A plaintiff-side and defense-side lawyer discuss protections and pitfalls for individuals and employers under state and federal whistleblower statutes. Session 3: Depositions in Business Litigation - Discuss strategies for securing the testimony you need in complex business cases. Session 4: Nuts and Bolts When Deposing on Behalf of the Plaintiff - When representing the Plaintiff: essential steps for a successful deposition of defendant’s expert, a witness or the defendant. Session 5: Deposing for the Defendant - Effective deposition preparation and technique help achieve the dual goals of securing important admissions and discovering the Plaintiff’s case such that the Defendant is not surprised at trial. This topic covers best practices for both aspects of taking depositions on behalf of a defendant. Session 6: Beating the Expert - Find out how to take an expert’s deposition—how to avoid being intimidated and how to set realistic, attainable goals when you depose the "expert." Session 7: Corroborating Evidence: It’s Not Just a Swearing Match - Workplace disputes dismissed as “he-said, she-said” very often are in reality “he-said, she-said” plus some other evidence says. What is corroborating evidence to courts and juries in workplace discrimination and harassment cases? Session 8: Anti-SLAPP for Everyone! - More and more states are adopting Anti-SLAPP legislation, and the broad approach taken by Texas under the TCPA suggests that even a tangential relationship between the communication and a matter of public concern is sufficient. So what is an attorney to do? Review the elements and limits of Anti-SLAPP litigation, and make sure you are prepared the next time a slap is on the horizon. Session 9: 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. Session 10: Class Action Employment Litigation: What's Left and What's New - Dukes, Epic Systems, and many other cases in the past decade have made class litigation extremely difficult in employment cases. Nonetheless, government agencies and private litigants are still filing a variety of class action discrimination cases and the prevalence of wage‑hour collective actions remain strong. Discuss the status of class and collective action employment litigation with a focus on recent developments impacting both the plaintiffs’ and defense bars. Session 11: Settlement Documents: Lessons to Learn - Optimizing separation agreement and settlement language to protect client assets, compliance with restrictions on confidentiality provisions, and avoiding hidden “gotcha” mistakes. Session 12: Top Drivers of Large Employee-Plaintiff Verdicts - What happens at the workplace, before litigation, that drives large employee-plaintiff verdicts? What happens during the lawsuit that drives large employee-plaintiff verdicts? Understanding these drivers can help those on the worker-side develop a case toward a large verdict and help those on the management-side take action to avoid or limit a large verdict. Session 13: Ethics for Employment Attorneys: Am I Your Lawyer? - Explore the point at which an attorney-client relationship forms, with particular reference to employment attorneys on both the plaintiff and defense side. Discussion includes casual conversation, client intake, the effect and importance of disclaimers, and the risk of individual representation of corporate agents.
Includes: Video Audio Paper Slides
- Total Credit Hours:
- 8.50 hrs | 2.00 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 2/29/2024
-
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Answer Bar: Going to Trial on an Employment Law Case4 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
Answer Bar: LLCs and Partnerships Formation
Session 1: 2022 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: A Series of Changes: Recent Developments in Texas Series LLCs - A practice-focused review of changes to Texas Series LLC law effective June 1, 2022 and what the new “registered series” might bring to the table for practitioners followed by a discussion of common tax issues associated with series and suggested best practices. Session 3: 2022 Secretary of State Update - Learn about filing tips and resources that will make your transactions with the Secretary of State easier and more predictable; hear updates on notable legislation and our system modernization initiative. Session 4: S corporations: A Cautionary Tale about Squaring the Circle - A discussion of some of the motivations driving the use of LLCs as S corporations, some of the potential issues and some of the drafting and structuring issues that should be considered if an LLC is taxed as an S corporation. Session 5: Letters of Intent and Side Letters (Enterprise Products) - On January 31, 2020, the Texas Supreme Court issued its opinion in Energy Transfer Partners, L.P. v. Enterprise Products, L.P., an important case about when a business relationship is deemed to be a partnership under Texas law. Learn about this case and what it means for structuring and drafting agreements for business relationships. Session 6: Updated Model LLC Agreements - Review three model agreements tailored for a closely held company, including a discussion of some recent changes in the models as well as decisions that the authors made in drafting the models to help improve your drafting skills and result in better operating agreements. Session 7: Provisions Limiting Liability and Duties in Partnership and Company Agreements - This panel will discuss the effectiveness and limitations on provisions of partnership and company agreements which provide for the modification of duties, exoneration from liability and indemnification with respect to claims against managers, members and other employees and agents. 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 - This ethics CLE presentation will look at engagement letters and how they can be used as a risk management tool. Along they way, the presentation will provide practical tips to help lawyers avoid conflict of interest pitfalls and to assist in controlling client expectations about the scope of the representation. Session 11: Multiparty Representation —Entity Formation - A deep-dive into the knurly problems of multi-party representation of start-up companies, including whether the client is the founder or founders or the company is yet to be formed. The ethical difficulties for the lawyer continue after formation as the company and its founders, directors and officers move beyond formation of the entity into the realm of operations.
Includes: Video Audio Paper Slides
- Total Credit Hours:
- 9.25 hrs | 2.00 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 2/29/2024
-
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Answer Bar: LLCs and Partnerships Formation4.25 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
Well done overall. A few of the sections are getting dated (e.g., the 2017 piece).
Answer Bar: Taking on the Car Crash Client
Session 1: 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 2: 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 3: Recent Developments in Prosecuting and Defending UM/UIM Actions - Leading lawyers for plaintiffs and insurers present and discuss recent developments regarding attorney’s fees and discovery issues in UM/UIM cases. Session 4: Injury Causation in Low Property Damage Cases - Hear from plaintiff and defense attorneys on best practices for assessing injuries in low property damage cases, including a review of the rationale behind these assessments. Session 5: Medical Specials: The Defendant’s and Plaintiff’s Perspective - This presentation navigates the new changes and recent case law challenges regarding CPRC 18.001. Learn what to file and what to argue, including an overview of both the defendant’s challenges and the plaintiff’s defense of 18.001 affidavits. Session 6: Notice to Potential Defendants and Pre-Suit Demands - Review what to include in your pre-suit demand, as well as how to provide notice to potential defendants and their insurers. Session 7: Pre-Suit Settlement - Discuss considerations such as IOLTA requirements, liens and subrogation, and the potential net to your client. Session 8: Subrogation and Liens - The topic everyone loves to hate…made a little less painless with a comprehensive overview of Medicare, Medicaid, worker’s comp, ERISA and self-funded vs insured, hospital liens, child support liens, and attorney liability. Learn how to protect yourself and your client/insured. Session 9: Negotiating with Insurance Adjusters - Learn how to maximize case value through preparation and presentation of the demand package. Session 10: Routine Ethical Issues for the Car Crash Trial Lawyer - This presentation addresses the everyday ethical issues that arise in the prosecution and defense of personal injury cases. Session 11: 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
- Total Credit Hours:
- 6.50 hrs | 2.00 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 2/29/2024
-
show rating
Answer Bar: Taking on the Car Crash Client4.43 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
Good course.
Answer Bar: Taking Your Car Crash Case to Trial
Session 1: Trial Preparation 101 - Stressed in trial prep and at trial? Inevitable? Yes. Manageable? Absolutely. Learn tips and strategies from an experienced plaintiff and defense attorney for developing a case and preparing for trial. Session 2: View from the Bench: Trial Basics - Hear observations and guidance from a trial judge. Session 3: Accident Reconstruction Deconstructed - Technology and resources available today can allow post-accident physical evidence to resolve many fact disputes about how an incident happened, who was at fault, and reveal potential gross negligence facts. Learn what top experts can do for the right case, what the law allows you to do with this information, and what reconstruction resources are available for more modest value cases. Session 4: Overcoming “Bad Facts” A Plaintiff and Defense Perspective - Tips and tricks to deal with low property damage, pre-existing conditions, gaps in treatment, lack of medical bills, DWI, criminal clients, and more at trial. Session 5: Seatbelts and Police Officer Testimony - Evidence about seat belts and the investigating officer’s opinions has the potential to be outcome determinative in a car crash case. What evidence should come before the jury, and what should be kept out? Session 6: Medical Expenses in Car Crash Cases after In re Allstate: an Update from Discovery to Trial - This presentation discusses the nuts and bolts of proving or challenging medical expenses in car crash cases, including: the current state of TCPRC Section 18.001 after In re Allstate, strategies for striking (or not striking) 18.001 counter-affidavits, the use of depositions by written questions, and other non-party and expert discovery issues arising from recent Texas Supreme Court case law. Session 7: Trying Cases Without Medical Bills - Texas law has made it difficult to try cases with our medical bills. That burden creates an avenue to trying cases without them and opening doors to greater potential verdicts. Session 8: Storytelling and Themes - The power of a simple story, it can transform the room, transform your audience, transform you. Session 9: Assessing and Proving Mental Anguish Damages in Personal Injury Cases - A practitioner’s guide to assessing and presenting evidence of compensable mental anguish damages in deposition and trial. Session 10: Proving Up Future Damages - Including medical and lost wages. Session 11: Developing a Winning Deposition Strategy - Discuss the fail-safe tricks to ensure you have a winning strategy at depositions. Session 12: Overcoming the Problem Witness - How to handle the difficult witness, yours or theirs. Session 13: Beating the Expert - Find out how to take an expert’s deposition—how to avoid being intimidated and how to set realistic, attainable goals when you depose the "expert." Session 14: Developing Your Trial Cross Through the Adverse Deposition? - Learn to take admission-seeking depositions of adverse witnesses so that they are effectively limited in their testimony at trial. Session 15: Preparing Your Witness for Deposition - Witnesses win cases—and lose them. Learn how to keep your witness from giving it all up in a deposition and how to use the deposition to help prepare your witness to be a winner at trial.
Includes: Video Audio Paper Slides
- Total Credit Hours:
- 9.50 hrs | 0.25 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 2/29/2024
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Answer Bar: Taking Your Car Crash Case to Trial5 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
Answer Bar: The Ins and Outs of Commercial Real Estate Loans and Title Insurance
Session 1: Financeability of Documents - Explore financeability requirements for documents in commercial real estate financing. Session 2: How to Lose a Client With 10 Outdated Loan Provisions! - Provides drafting solutions for the most commonly outdated and missing provisions in Texas commercial real estate loan documents. Session 3: What is Negotiable in Loan Documents - Issues, motivations and explanations of the loan document provisions that are typically negotiated in a commercial real estate lending transaction. Session 4: Loan Modifications Session 5: Arrows in the Quiver: Remedies for Commercial Real Estate Secured Loans - Review of potential remedies available to enforce and collect commercial real estate secured loans. What are the requirements? What are the pros and cons? Session 6: FinTech and the Changing Landscape of Mortgage Lending - Fintech lenders have entered the market with a focus on driving efficiencies, technology-first processes, and streamlined operational workflows – all aimed at guiding consumers through a one-stop-shop transaction. Fannie Mae will discuss the ever-changing mortgage landscape and it’s disruption by Fintech lenders. Session 7: Title Insurance Update - Gain insight on what we learned from the recent pandemic and the New 2021 ALTA Commitment and Policies. Session 8: Survey & Title Review: Guidelines, Objections, Solutions, and Closing Instructions - Explore checklists for surveys, title commitments, and exception documents. Gain insight on sample objections, solutions and potential endorsements, and closing requirements. Session 9: Escrow Agreements with Title Companies for Post-Closing Matters - An overview of the role of an Escrow Agent, types of Escrow Agents, escrow provisions of Contracts and the use of Post Closing Agreements. Session 10: Attorney Title Opinion Letters in a GSE World - FNMA has recently followed FHLMC to permit the use of Attorney Title Opinion Letters as an alternative to title insurance in specific and limited circumstances. This presentation will assist counsel to understand what these “AOL” are and what protection they provide. In addition, what are the benefits and criticisms?
Includes: Video Audio Paper Slides
- Total Credit Hours:
- 6.00 hrs | 1.00 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 12/31/2023
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Answer Bar: The Ins and Outs of Commercial Real Estate Loans and Title Insurance4.36 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
More variety in speakers
Good
Answer Bar: New Boardmember Basics for Tax-Exempt Organizations
Session 1: Governance Literacy - Governance at nonprofit organizations is often not a priority until something goes wrong. Gain practical tips to help board and staff members avoid problems, and review governance topics including fiduciary duties, governing documents, policies, procedures, and the roles of the board, officers, committees, and staff members. Session 2: Financial Statement Essentials - Not-For-Profit entities are issuing financial statements in newly prescribed formats, with an emphasis on resource availability and comparability between entities. Understand the key items to be able to understand the financial story of the financial statements. Review the basics of NFP financials and learn how to leverage the new formats for basic analysis. Session 3: Governance in a Time of Crisis - This panel will cover both proactive steps to prepare an organization for crisis and practical guidance for navigating through a crisis. Topics will include fiduciary issues, the tools available to allow board members and officers to exercise their fiduciary duties, the role of the board and management during a crisis, and challenging decisions involving funding and endowment management. Session 4: IRS and AG Oversight - This session focuses on federal and state oversight and regulation of tax-exempts, regulatory powers and authority, and enforcement issues. Session 5: Advocacy, Activism, and Equity - Discuss issues confronted by public charities and their private foundation donors in supporting social movements and advocacy. Topics will include grantmaking related to racial justice and DEI efforts; advocacy and activism vs. lobbying and civil disobedience; and political activity, particularly in connection with 501(c)(3)/501(c)(4) coalitions. Session 6: Cybersecurity: What To Do Now To Help Protect Your Organization Against Cyberattack - Organizational cybersecurity is a significant challenge in normal times. During the pandemic, with limited resources and geographically dispersed staff, including IT and information security personnel, the challenge can feel insurmountable. Discuss the current elevated threat landscape and ways in which nonprofits can improve and bolster their defenses to cyber-attacks, despite the ongoing workplace burdens associated with COVID-19.
Includes: Video Audio Paper Slides
- Total Credit Hours:
- 5.75 hrs | 1.00 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 3/31/2024
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Answer Bar: New Boardmember Basics for Tax-Exempt Organizations4.1 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
I thought the presentation on cybersecurity was excellent
Update to 2022
Answer Bar: Young Attorney Challenges (Ethics)
Session 1: Life and the Law: Ethical Issues Facing the Young Lawyer - Explore the potholes and sharp curves that await the beginning trial lawyer on the road to a successful litigation practice, through the characters and plot of a recently published novel about a young personal injury lawyer practicing in Houston. Session 2: The Disciplinary Process - This presentation covers the disciplinary process, some tips on responding to a grievance, and some of the common rule violations. Session 3: How to Ethically Build Diverse Relationships in the Legal Profession - Law is one of the most relational and least diverse professions in the country. Learn how to ethically address and overcome the challenges of building diverse relationships in the legal space. Explore a guide for attorneys through the pitfalls of achieving meaningful diversity and inclusive relationships in their practice, discuss tools to intentionally build and strengthen diverse relationships, and receive practical techniques to make your practice a safe and inclusive place for the diverse and non-diverse to work together. Session 4: Technology Use and the Ethics that Come with It - The 2020 Covid 19 pandemic forced dramatic changes in practice styles, with most lawyers and their clients shifting from working in offices to working remotely from home. Technology was at the center of these changes with “Zoom” meetings, “e-signing,” “e-filing” and related technologies playing an even more critical role in the practice of law. This panel of ethics experts will examine the issues raised by these practice shifts, including discussion of alternative technological methods of service in litigation and potential waiver of attorney-client privilege due to the misuse of technology. Session 5: Ethics of Social Media - The world of social media has engulfed us all. Not only has it transformed our society, but it has worked its way into every legal field as well. Discover the ethical issues facing you as attorneys—and that of your clients—in this social media age. Session 6: Resilience: How to Survive and Thrive in a High Stress Practice - Why do some people handle stress and rebound from failure better than others? We will discuss the skills and practices developed by the US Army to combat depression, fight off PTSD, and handle high stress engagements and jobs, … like being a lawyer. Session 7: Lawyer Wellness - Get evidence-based strategies to help navigate the stress of our extremely demanding profession. Learn how small changes in our daily approach to the practice of law can greatly improve work-life balance.
Includes: Video Audio Paper Slides
- Total Credit Hours:
- 5.50 hrs | 5.50 Ethics
- Credit Info
- TX, CA
- TX MCLE credit expires: 2/29/2024
-
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Answer Bar: Young Attorney Challenges (Ethics)4.3 out of 5 starsWhat was the overall quality of the course (presentation, materials, and technical delivery)?Rate the overall teaching effectiveness and presentation skills of faculty for the course.How would you rate the value of the materials provided as part of the course?
So great to see so many familiar faces!