Monthly Archives: August 2017

Report Arizona MCLE Compliance by September 15

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Arizona attorneys must complete at least 15 hours of AZ CLE each compliance period, including at least 3 hours of legal ethics. Arizona attorneys must also report completion of their Arizona MCLE requirement each annual AZ MCLE compliance period.[1]

When is the Arizona CLE affidavit due?

In order to satisfy the AZ MCLE reporting requirement, Arizona attorneys must file their CLE affidavit annually by September 15.

Please note that the State Bar of Arizona does not certify or accredit CLE providers or CLE courses. Attorney Credits is a national provider of CLE and currently offers CLE courses in 48 states. We are Approved Providers of CLE in states such as California, New York, Illinois and Texas. In addition, Arizona attorneys have completed thousands of CLE hours through Attorney Credits by completing our interactive online and offline CLE courses. For more information about Arizona CLE please click here: AZ CLE.

[1] Arizona lawyers must submit proof of completing their requirements annually on a form provided by the State Bar of Arizona. The online electronic affidavit is made available on the State Bar of Arizona website beginning in July. Arizona attorneys may also use the blank affidavit located in the Arizona Attorney magazine issued in mid-August to report compliance with the Arizona MCLE requirements.

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NJ CLE: New Jersey Attorneys Can Complete 12 Hours of Online and Downloadable CLE

New Jersey attorneys are required to complete at least 24 credit hours of continuing legal education (CLE) each two-year New Jersey CLE compliance period. Without a valid exception New Jersey attorneys may complete 12 credit hours by completing online and downloadable CLE courses.

Two Exceptions – 24 Hours Online[1]

  • Medical
  • Non-Resident Exception

If your birthday fall between July 1 to December 31, you are in Compliance Group 2.  Attorneys in Compliance Group 2 must certify their New Jersey CLE compliance in each ODD numbered – which means that you must completed your 24 required hours by December 31, 2017. For more information on New Jersey CLE please click here: NJ CLE.

[1] Attorneys that have a serious medical condition may apply to the New Jersey CLE Board to obtain all of their required CLE credits through alternative verifiable learning formats such as online CLE courses. And under BCLE 201:8 lawyers admitted to the New Jersey Bar Association who reside in, work in, and are licensed in another mandatory CLE state that allows for 100% of CLE courses to be taken through alternative verifiable learning formats may satisfy their entire NJ CLE requirement through 100% alternative verifiable learning formats.

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New CLE on Trademark Prosecution: Responding to Office Actions and Likelihood of Confusion

Your client decides on the name FancyStar for her new line of designer jewelry. You finally hear back from the USPTO after filing the trademark application, but the examining attorney isn’t so excited about the trademark. In the Office action, the examining attorney states that the term ‘Fancy’ in the trademark could possibly lead to a likelihood of confusion with other established jewelry marks. How do you respond to this office action?

Office Actions

When a USPTO trademark examining attorney issues an Office action about your trademark, the Office action indicates that there are legal issues with respect your trademark application.

In this second installment on trademark prosecution, Michael Feigin provides a lively and practical discussion on how to respond to Office actions from the USPTO. Michael will discuss the likelihood of confusion standard and also covers a number of key refusals. This is a highly practical course and Michael uses a number of interesting case examples from his own practice. To access the course please click here: Trademark Prosecution Part II: Responding to Office Actions and Likelihood of Confusion.

Additional issues covered:

  • The refusal of surnames
  • Significance in the industry that the goods are made
  • The description of goods/services
  • Descriptive trademarks
  • The benefits of the primary & supplemental register
  • The trademark description
  • Identification of services
  • Missing deadlines
  • Translation issues
  • False connection
  • How to proceed if the specimen is deemed unacceptable

A graduate of Rutgers University Jersey and Seton Hall Law School, Mr. Feigin is a licensed Attorney in New Jersey, New York and at the United States Patent and Trademark Office. As an Intellectual Property attorney, he focuses his practice on drafting patents and prosecuting trademarks for clients.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in New Jersey and around the country. For more information about CLE in New Jersey please click the following link: NJ CLE.

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CA CLE: Does My MCLE Compliance Group Ever Change?

California attorneys in Group 3 (N-Z) should have completed the 25 required CLE hours and reported MCLE compliance by March 1, 2017. The next group up for compliance is Compliance Group 2, those attorneys with last names H-M must complete the California MCLE requirement and report compliance by February 1, 2018.

California MCLE – Compliance Groups

California attorneys always remain in the compliance group that they originally were assigned.

But what happens if you get married or change your name? In California, your compliance group never changes, even if you change your last name. California attorneys always remain in the compliance group to which they originally were assigned. For more information about California CLE please click here: CA CLE.

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NY CLE: When Do I Complete & Report My New York CLE Compliance?

Attorneys in New York that have been admitted to the New York State Bar Association for more than two years are considered “experienced” attorneys for CLE purposes. Experienced New York attorneys must complete at least 24 New York CLE credit hours each two-year reporting cycle. Of those required 24 hours, a minimum of 4 hours must be in the area of Ethics and Professionalism.[1]

NY CLE: Biennial Registration

At the time of the biennial New York registration, you must certify that you have properly completed your CLE requirement for the reporting cycle.

Your NY CLE compliance deadline is your birthday. Please note that you have 30 days after your birthday to report your NY CLE compliance on your attorney registration card. At the time of the biennial registration, you must certify that you have properly completed your CLE requirement for the reporting cycle and have retained the proper CLE certificates and documentation. For more information please click here: NY CLE.

[1] The remaining NY CLE hours can be completed in any category of credit.

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IL CLE: Report MCLE Compliance Online

Illinois attorneys last name N-Z should have completed their 30 required hours by June 30.  If you did not complete the required CLE, you have until September 30 to get your Illinois CLE done and report compliance.

Reporting Illinois MCLE Compliance

To use the Illinois online CLE reporting system, you must log in with your attorney registration number issued by the Illinois ARDC. Your ARDC number appears on your ARDC card and also on your annual Illinois registration form.

Illinois attorneys can report IL MCLE compliance online through the Illinois MCLE Board Online Reporting System by clicking the following link here: Report Illinois MCLE Compliance. For additional information about IL MCLE, please click the following link: IL CLE.

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Group 3 (N-Z) Complete Late MCLE By August 31

California attorneys last name N-Z beware! Those attorneys that are in MCLE Group 3 that have failed to report MCLE compliance or pay MCLE penalties by August 31 risk a possible transfer to involuntary inactive status on Sept. 1.

California MCLE Compliance

California attorneys must complete 25 hours every three years – including 4 hour of ethics, 1 hour of competence issues and 1 hour of elimination of bias.

To avoid suspension, attorneys can sign into My State Bar Profile and pay online before the August 31 deadline. You can also print out a fee statement and mail in a payment to the State Bar of California.[1] For more information about CLE in California please click here: CA CLE.

[1] The State Bar of California is located at 180 Howard St., San Francisco, CA 94105.

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CLE Course: Sex, Drugs, and Rock ‘n’ Roll – How Modern Lifestyle Industries Push the Limits of IP Law

Can a rock band named the “Slants” get a trademark on their band name? Can Apple get a patent for a device that can be used to vaporize marijuana? Does the owner of a “tube” website featuring adult content get immunity from user uploaded videos under the Digital Millennium Copyright Act (DMCA)?

While most of us have a basic understanding of copyright, trademarks and patents, we don’t always think about how intellectual property law can protect our client’s products, brands and services in the context of modern lifestyle industries.

This CLE course is a fascinating review of the specific rules that are triggered by clients who are in industries that push the edges of social norms – such as medical marijuana, adult content and the Rock n’ Roll music industry. Peter Afrasiabi also addresses the fascinating morality standards that apply and are deployed in the trademarking and patenting process to limit the scope of trademarks and patents in matter that is deemed scandalous by the government. To access this please click here: Sex, Drugs, and Rock ‘n’ Roll: How Modern Lifestyle Industries Push the Limits of IP Law.

We will start with an IP overview for the general practitioner and then explore the copyrighting, trademarking and patenting rules that are being tested by these industries.

From battles with Madonna over the “Material Girl” brand to fair use disputes with the Eagles’ Don Henley to protecting such iconic brands as Bettie Page in trademark and trade dress disputes, Peter R. Afrasiabi primarily handles copyright, trademark, and entertainment disputes. He is also the Chair of the Appellate Practice Group for One LLP and co-director of the Appellate Litigation Clinic at the University of California, Irvine School of Law.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in California and around the country. For more information about CLE in California please click the following link: CA CLE.

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FL CLE: All 30 Hours (33 in some cases) May be Completed by Online Florida CLE Courses

Florida attorneys must complete at least 30 total Florida CLE credit hours every 3 years, including 5 credit hours of legal ethics.  For future CLER compliance, Florida attorneys will need to complete 33 hours every 3 years.[1]  However, this new 33 hour requirement (and technology requirement) does not a apply for another few more years.[2]

Florida CLE Requirement 

Florida attorneys are allowed to complete all 30 hours through online FL CLE courses.

Florida attorneys are allowed to complete all 30 hours by completing online and downloadable FL CLE courses. Florida attorneys may complete courses though online streaming video, audio (MP3) download, video (MP4) download, CD and other offline media formats. For more information about Florida CLE courses and the CLE requirement in Florida please click this link: Florida CLE.

[1] FL CLER: Technology CLE Required

FL CLER: Technology CLE Required

[2] The first Florida attorneys that need to comply with this new requirement are those attorneys whose CLE deadline is December 2019.

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New CLE on Whistleblower & Retaliation Claims Under Sarbanes-Oxley, Dodd-Frank and Title VII

There has been a recent explosion of significant new rulings involving whistleblowing and retaliation claims brought under Sarbanes-Oxley, Dodd-Frank and Title VII. In one recent case, the SEC awarded $30 million to a whistleblower who provided key original information that led to a successful enforcement action.

Whistleblower & Retaliation Claims

This paper focuses on diverse and timely topics concerning retaliation and whistleblowing. It especially focuses on legal developments under the anti-retaliation provisions of the Sarbanes–Oxley Act of 2002 and the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010.

In this CLE course, veteran employment law attorney Mark Oberti provides a detailed analysis of key recent decisions brought under whistleblower and retaliation laws. Mark will mainly discuss the Nassar case and its implications for the “cat’s paw” doctrine, the split regarding the “manager rule” in the circuit courts, third-party retaliation claims, termination cases & protected activities, the scope of Dodd-Frank’s anti-retaliation provision and Sarbanes-Oxley litigation in a post-Paraxel world. To access the course please click here: Emerging Issues in Whistleblower and Retaliation Claims.

This CLE Course

These are cutting edge topics more geared for attorneys who have worked in employment law. If you are not an employment law attorney, some of this material may be too advanced.

Mark Oberti is an employment law attorney at Oberti Sullivan LLP. Before that, Mr. Oberti was a part of Seyfarth Shaw LLP, one of the largest and most respected labor and employment law firms in the United States. Mr. Oberti regularly counsels employers and executives on issues in employment law and he frequently presents on whistleblowing and retaliation topics.

This CLE course is offered in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • Missouri (MO)
  • New Hampshire (NH)
  • New Jersey (NJ)
  • New York (NY)
  • North Dakota (ND)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers CLE for attorneys in Texas and around the country. For more information about Texas CLE in please click the following link: TX CLE.

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