Category Archives: Criminal Law

CLE COURSE: DIGITAL FORENSICS FOR ATTORNEYS 102

Just because a person installs some software on the neighbor’s computer does not make them a digital forensics expert. And when your client is looking at 30 years in prison, this is not the person you want to retain as the digital forensics expert in your next case.

Digital Forensics

There is a tremendous knowledge gap in our legal system today when it comes to matters involving digital evidence. In our years of experience in working with attorneys as digital forensics experts, common questions arise again and again: What do I ask for? Is the evidence relevant? What does this item in the forensic report mean? What should I ask the other expert? What should I ask you? Can you explain that to a jury?[1]

Digital forensics is a highly technical field. The expert you select must have the proper investigative and technical background – in addition to being able to understand their place in the legal system. If you need help selecting a digital forensics expert for your next case join Lars Daniel as he covers how to select the best expert, discovery & usage of digital evidence and challenging digital evidence. To access this course please click here: Digital Forensics for Attorneys 102.

Lars also discusses:

  • Computer experts vs. forensic experts
  • Key points to selecting an expert
  • Forensic & non-forensic certifications
  • Forensic tools
  • The expectations of the digital expert
  • The Brad Cooper murder trial
  • Spotting the problem expert
  • United States v. Bryan James Gardner
  • Browser caching
  • Challenging text messages
  • Macrium images

Lars Daniel has numerous digital forensics certifications. The co-author of the book Digital Forensics for Legal Professionals, Lars has attended over 250 hours of forensic training and has worked on over 500 cases involving murder, child pornography, terrorism, rape, kidnapping, intellectual property, fraud, wrongful death, employee wrongdoing and large scale e-discovery collections.

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 York and around the country. For more information about CLE in California please click the following link: NY CLE.

[1] Excerpt from Digital Forensics for Legal Professionals: Understanding Digital Evidence From the Warrant to the Courtroom

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New CLE: Cell Phone Location Evidence for Lawyers

Your client is arrested for robbery. Like everybody that walks into your office, he claims he didn’t do it. He says he was at the park with his kid at the time of the crime. Wisely, you turn to the information stored on his iPhone to show that he was nowhere near the scene of the crime because you can show that his phone was searching for WiFi connections around the houses next to the park.

Cell Phone Location Evidence

Call Detail Records (CDRs) and cell phone location evidence have become crucial evidence in many civil and criminal trials.

In this CLE course, Larry Daniel will teach you how cell phones work and how CDR and location evidence is used in legal cases – from insurance fraud to murder. In addition, Larry will cover tactics on how to locate cell phones and cell phone records and he will show you how to challenge the methods of analysis and the qualifications of persons who will testify about this evidence. To access the course please click here: Cell Phone Location Evidence for Legal Professionals.

These topics are also addressed:

  • How to get CDRs from Verizon, AT&T & Sprint
  • How CDRs are used and what they contain
  • How to generate cell phone location maps
  • Retention
  • Records
  • Prepaid “burner phones”
  • Getting the records
  • Cell phone registration
  • How the phone chooses a tower
  • Sector layout & azimuth
  • Cell tower coverage
  • Cell tower sectors
  • Key case law

Larry Daniel is a digital forensics examiner and cellular records analyst with Envista Forensics. He has testified over 45 times in state and federal courts and is one of the top digital forensic examiners in the U.S., with experience in hundreds of civil and criminal cases involving all types of digital evidence, from computers to black boxes to cell phones.

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 Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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CLE Course: Digital Forensics for Attorneys 101

A wife is murdered in her own home. The husband claims he tried to stop the intruder but the large man over powered him and tied him up to a chair. But the wife’s Fitbit tells a different version of the story than the tale that the husband presents. As the police investigate the case and harness the digital information created by the wife’s Fitbit, it becomes instantly clear that the husband’s story does not match up and he is arrested and charged with murder.

Digital Forensics

Welcome to our brave new electronic world where cameras, cell phones, Fitbits – and even video game systems – are used as crucial evidence in civil and criminal trials.

Digital information and digital forensics has become crucial in many cases – from child pornography to fraud. Learning where to look for the digital evidence and how it can be deployed at trial is crucial in the 21st century practice of law. In Part one of this two part introductory series Lars Daniel mainly covers the various types of digital evidence to consider in your cases, the evolution of digital evidence, what digital forensics encompasses and the acquisition & preservation of digital evidence. Lars also specially addresses harnessing digital information from Google searches, Facebook Chats, “Private” Browsing, Connected Devices, Chrome, Firefox and jump lists. To access the course please click here: Digital Forensics for Attorneys 101.

This CLE course also covers:

  • Our new online lives
  • Digital footprints
  • Digital media in legal cases
  • The four primary areas of digital forensics
  • Sub-disciplines of digital forensics
  • Extracting forensically sound evidence
  • How data is organized and the fragile nature of digital evidence

Lars Daniel has numerous digital forensics certifications. The co-author of the book Digital Forensics for Legal Professionals, Lars has attended over 250 hours of forensic training and has worked on over 500 cases involving murder, child pornography, terrorism, rape, kidnapping, intellectual property, fraud, wrongful death, employee wrongdoing and large scale e-discovery collections.

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 Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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What CLE Courses Do YOU Want To See??

We get extremely busy around the end of the year and through January.  This is due to the fact that a number of states have December 31 deadlines and California has a January 31 deadline.  Once we get through our super busy period, then we switch gears and start calendaring more CLE tapings for the new year.
Well, it’s that time of the year again!  We will soon be cranking up the taping schedule and bringing you all kinds of new CLE courses for 2018.  My question to you… what CLE courses do you like to study OR what courses would you like added in 2018?  Let us know so we can bring you what YOU want to see!!

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CLE Course: Understanding How Unconscious Bias Affects Your Legal Cases

We are all biased.  There is no way around it.  Bias has been hardwired into our brains during our species existence on this planet. Bias stems from a biological survival response triggered by a dangerous or stressful event where a split-second judgement is required as part of the flight or fight response.

Unconscious Bias

Unconscious biases are social stereotypes about certain groups of people that individuals form outside their own conscious awareness.

In this CLE course, you will learn how illegal and unconscious bias affects your cases. Richad Huver provides a lively discussion about how lawyers must identify & deal with biases, how bias affects your decision-making & cases, how to spot illegal & unconscious bias and the common types of bias that lawyers must deal with in their everyday practice. To access the course please click here: We’re All Biased: Understanding How Your Bias Affects Your Cases.

Richard also addresses:

  • Snap judgements
  • Bias & decision-making
  • The amygdala
  • Bias & the biological response
  • The two brain systems
  • Illegal bias
  • Stereotypes
  • Harvard’s Project Implicit
  • Cognitive bias
  • Availability bias
  • Anchoring bias
  • Recency bias
  • The ostrich effect
  • The bandwagon effect
  • The placebo effect
  • Confirmation bias
  • Information bias
  • Choice-supportive bias
  • Zero risk bias
  • Survivorship
  • Outcome bias

Richard’s three decades of litigation experience and leadership roles in the legal community, including President of the San Diego County Bar Association, have proven invaluable in his burgeoning mediation practice. Richard received an Outstanding Trial Lawyer award in 2000 and the President’s Award in 2001 from the Consumer Attorneys of San Diego.

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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CLE on Dealing with Clients and Attorneys with Substance Abuse and Mental Health Issues

There has been a recent trend in the last few years to place greater emphasis on how substance abuse and mental health issues affects attorneys and the clients they represent.

The following specific personality disorders will be discussed: paranoid, schizoid, schizotypal, avoidant, obsessive-compulsive disorder, dependent, antisocial, histrionic, borderline and narcissistic.

In this course, attorney Amy Allemann will address mental health and substance abuse issues among attorneys and personality disorders frequently encountered in everyday practice. Amy will mainly address depression & substance abuse in the legal profession, personality disorders common in attorneys & clients and the ethical issues involved. To access the course please click here: Dealing with Clients and Attorneys with Substance Abuse and Mental Health Issues.

In addition, Amy will also cover:

  • The facts about depression & suicide
  • The DSM-5 Criterion for a Major Depressive Episode
  • Signs & symptoms of chemical dependency
  • Cluster A, B & C personality disorders
  • Dealing with High Conflict Personalities
  • Reacting vs. responding
  • Competence to practice law
  • Confidentiality to clients with mental health issues
  • Dealing with clients with mental health issues
  • Your duty to report intended future client crimes.

Amy E. Allemann is the managing attorney of Boyd Law and she specializes in complex civil litigation and family law. A frequent speaker, Ms. Allemann belongs to several associations including Mensa International, LEAD San Diego, the Thomas More Society, the San Diego Lawyers Club and the San Diego County Bar Association.

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 Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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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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New Ethics CLE: Ethics & the SmallLaw Attorney 

Complying with the ethical rules can be a challenge for solo and small firm practitioners. Small firm and solo practitioners normally handle nearly all legal and business aspects of the firm, as they often serve as their own marketing, administration, billing and collections departments.

Ethics & the SmallLaw Attorney 

Small firm and solo attorneys are especially susceptible to ethics violations because they often handle all legal and business aspects of the firm.

In this CLE course, attorney Gary J. Ross provides a highly practical review of the main ethical issues faced by solo practitioners and attorneys in small firms. When you complete this course you will know the sources of ethics rules for attorneys, recognize the reasons SmallLaw attorneys tend to have more ethics violations, understand the most common ethical pitfalls and know how to properly operate your law practice in accordance with the ethics rules. To access the course please click here: Ethics and the Small Law Practitioner.

Key topics covered:

  • The Model Rules
  • Communications concerning a lawyer’s services
  • Using engagement letters
  • Establishing the lawyer-client relationship
  • Charging a reasonable fee
  • Retainers
  • Conflicts of interest
  • Taking on matters in a new area of law
  • Ending the lawyer-client relationship
  • Of counsel relationships
  • Sharing fees

Gary J. Ross founded Jackson Ross PLLC in 2013 to cater to the legal needs of the startup and venture capital community. Prior to founding Jackson Ross, Gary worked in the corporate transactions and securities practice groups in various large firms in various large cities and also managed to fit in a tour of duty with the Treasury Department.

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 York and around the country. For more information about New York CLE in please click the following link: NY CLE.

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New CLE: Using Clio to Streamline Your Legal Practice

We live in the 21st century.  Practice and case management software now provides attorneys with a convenient method of effectively managing client and case information – from conflicts and calendaring to documents and billing.  It can be used to share information with clients and other attorneys in the firm via the cloud and it is also scalable so you can choose the best fit for your firm.

Practice Management Software

How do you choose between MyCase, Clio, Rocket Matter or one of the many other service providers?

This CLE course will review how Clio practice management software can help you run a more efficient law firm by attorneys who have implemented Clio at their law firm. Eric Hanscom, Ian McDaniel and Ryan Pickett of Hanscom Alexeev & McDaniel LLP mainly address tracking client information, managing conflicts of interest, calendaring and document management. This course will focus on how Clio can be used in an Intellectual Property and business law firm context. To access the course please click here: Using Clio to Streamline Your Legal Practice.

The panel of speakers also address:

  • The advantages of cloud based software
  • Costs & savings
  • Tracking renewal fees
  • The client intake process
  • Invoices
  • Integration with other applications and programs
  • Electronic signatures

Before beginning his own practice, Eric Hanscom utilized his science background and law degree to gain experience in multiple facets of patent, trademark and copyright law.  Ian McDaniel focuses his expertise on advising emerging companies and small and mid-size businesses in corporate and securities transactions and general counsel services. A graduate of the University of San Diego Paralegal Program, Ryan Pickett will be enrolling in law school in 2018.

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 Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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New CLE Courses Added!!!

At Attorney Credits, we recognize that we live in a fast paced, ever-changing world.  Every new day brings new inventions, new fads and emerging trends in the practice of law – from utilizing cloud technology to drone law.

New CLE Courses:

  • A Practical Approach to 1031 Exchanges
  • A Sneak Peek at the Possible New Rules of Professional Conduct
  • Appellate Oral Arguments: Nuts and Bolts and “Do’s and Don’ts”
  • But I Only Had Two Beers!!
  • Civility and Professionalism: Gender and Culture Bias in the Legal Profession
  • Counseling Your Business Clients on Trademarks
  • Crafting a Simple and Effective Closing Argument
  • Dealing with Cognitive Bias in Trial from Voir Dire to Deliberations
  • Don’t Give Up 5 Minutes Before the Miracle
  • Estate Planning 101
  • Evidence: Advocacy and Artistry in the Courtroom
  • From Harry Ellis to Trump: The Ethics of Federal Disqualification Motions
  • How to Negotiate with the IRS in Collections and For Audits
  • Prosecuting Trademark Applications
  • Representing Disabled Veterans Before the Department of Veterans Affairs
  • The Phone Knows All: Cell Phones, CDR Reports and GPS Tracking for Attorneys

For that reason, we are constantly adding new CLE courses to keep up with new changes and developments in the law.  Our goal is to keep you as current as possible so you can best serve your clients!  For more information about Illinois CLE please click here: IL CLE.

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