Category Archives: eDiscovery

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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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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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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New CLE Course on Evidence & Hearsay at Trial: Advocacy and Artistry in the Courtroom

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Do you know that attorneys have a super power? Attorneys have the super ability to turn information into evidence. From motions in limine to cross examination, your ability to turn information into admissible evidence (or have important evidence excluded) will have the greatest impact on your client’s success at trial.

While the definition of evidence may seem straightforward, preparing and presenting evidence can be extremely tricky…. even for seasoned legal practitioners.

In this CLE course, the honorable Michael B. Orfield (ret.) provides his unique perspective spent from his years on the bench to help you hone your super power of turning information into admissible evidence. The main evidentiary topics addressed include motions in limine, demonstrative evidence, jury notebooks, mini opening statements, relevant vs. unduly prejudicial evidence, direct & cross examination, refreshing the recollection of a witness, rebuttal & impeachment and hearsay evidence. While this course refers to the evidence code of California, numerous practice points will be introduced and discussed that can be deployed by legal practitioners around the country. To access the course please click here: Evidence: Advocacy and Artistry in the Courtroom.

Further topics discussed in this CLE course include:

  • Knowing your court & judge
  • Leading lay witnesses on direct & cross
  • Coaching witnesses
  • Witness credibility
  • Non verbal statements
  • Silence as a statement
  • Evidence offered for the truth of the matter asserted

The Honorable Michael B. Orfield (Ret.) was a jurist for 20 years, mostly as a civil independent calendar judge and he now serves as a mediator and arbitrator with Agreement.com. The Honorable Harry Elias has been a Superior Court Judge for the County of San Diego for over twenty years. Judge Elias presides over both juvenile and criminal cases.

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)
  • 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: Ethical Issues in Social Media and eDiscovery

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Social media offers attorneys and law firms the opportunity to build credibility & trust with clients, uncover relevant facts & information about cases, clients and opposing attorneys, and to bring in new business. Unfortunately, social media also creates many new ethical pitfalls for attorneys. Law firms, attorneys, and staff must ensure that their online activities adhere to ethical and professional rules of conduct – even without the guidance of specific electronic ethical rules.

Ethics 2.0

  • Can you list specialties or endorsements on your LinkedIn page?
  • Is it ethical to send a Facebook friend request to an individual involved in pending litigation?
  • Can you ethically advise clients to remove tweets from their Twitter account on the eve of trial?

In this timely presentation, attorneys Kathryn Konzen and Ross Mecham provide best practices for the ethical use of social media, offer practical ethical guidance regarding common scenarios and highlight situations & online activities to avoid. The main ethical duties covered include the Duty of Competence, candor & fairness to the court & opposing counsel, the duty to supervise, requesting & producing documents & data, accuracy of discovery certifications and protection of the attorney-client privilege. To access the course please click here: Ethical Issues in Social Media and eDiscovery.

Further issues discussed in this CLE:

  • Ethical pitfalls & risks
  • FRCP Rule 1
  • Zealous advocacy
  • ABA Model Rule 1.1 & the Duty of Electronic Competence
  • Examples of unethical online conduct
  • Examples of ethical/unethical advertising
  • Website disclaimers
  • Retention
  • Inadvertent formation of the attorney-client relationship
  • The Duty of Confidentiality
  • Avoiding online Conflicts of Interest
  • Recruiting
  • Investigation
  • Facebook
  • Twitter
  • Blogging about prior cases
  • LinkedIn
  • Examples of social media policies
  • Ethical references & citations

Kathryn Konzen joined DTI in 2014 as a Regional Business Development Executive, and returned in 2016 after going in house with a law firm as the Director of Business Development and Litigation Technology. She is a California licensed attorney that focuses on efficient and cost effective solutions for her clients when dealing with electronic data, whether it is for a government investigation, litigation matter, or internal issue. Kathryn has presented various CLE programs on such topics as Managing ESI, Ethics in Social Media, and Ethical Issues of eDiscovery. Ross Mecham is an eDiscovery Consultant with DTI. He helps law firms and corporate legal departments understand and manage their eDiscovery needs, using technology and efficient workflows to reduce risks and costs while increasing deliverable quality. An attorney with over a decade of experience across all phases of electronic and paper discovery, his career spans state, federal, and international matters, as well as the development of internal corporate discovery practices. His prior cases include intellectual property, employment, and business tort actions, data breach and internal investigations, and regulatory requests.

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)
  • 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 New York please click the following link: NY CLE.

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CLE Course on the Importance of Mobile Phone Forensics in Litigation

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For many of us, the only time we’re not using your smartphone is when we are taking a shower – and I have to admit to checking my fantasy football scores in the shower. If you are like me, your smartphone is a text messaging device and a phone… and it’s also an Internet browser, a GPS device and the easiest way to send emails and check our stocks. Other people use their smartphone to post content to Facebook, Snapchat, Twitter, Vine, Instagram, Youtube and other social media and content sharing websites. We now live our lives through our phones, tablets and other mobile devices.

Mobile Phone Forensics

From a business and legal standpoint, the preservation and collection of electronically stored information (ESI) is central in today’s litigation landscape and is only complicated by smartphones and other mobile devices. Emails, presentations, spreadsheets, memos and even pictures & video can all be potentially responsive data sources. The challenge with this type of electronically stored information (ESI) is that it is often stored in a myriad of systems and mobile devices, and each system has its own preservation and collection nuances.

In this course, attorney and global eDiscovery & cyber forensics expert Paul Connolly describes the current landscape of mobile information collection and preservation and answers the vexing question of why attorneys so often overlook mobile data in the context of eDiscovery. Paul mainly discusses why collecting the data can be ethically challenging, expensive & potentially awkward, and he also provides some proactive policy and protocol ideas to bring clarity to your practice and electronic discovery of mobile devices.  To access the course please click here: Our Phones, Ourselves: The Importance of Mobile Phone Forensics in Litigation.

Additional topics covered in this CLE course include:

  • The prevalence of discoverable data on mobile devices
  • How preservation of employee text messages & other mobile data is frequently overlooked or botched
  • The practical issues faced when collecting data
  • Ethical complications
  • Privacy questions
  • Company BYOD (Bring Your Own Device) policies
  • Shadow BYOD policies

Paul K. Connolly is an attorney and Global E-Discovery & Cyber Forensics Expert with Duff and Phelps in Santa Monica, California. He has extensive case and workflow management responsibilities and handles internal investigations and “front page” enforcement actions by federal securities and antitrust regulators. Paul often works closely with internal counsel and compliance departments at international banks.

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 continuing legal education (CLE) for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.

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New CLE Course on Ethics & ESI

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Whether you’re in private, government, or corporate practice, you’re likely to deal with ESI (Electronically Stored Information) for a variety of transactional, litigation and business purposes. And as new technologies are developed and then become integrated into society and the practice of law, an attorney’s obligations under the ethical duty of competence continues to evolve. At a very minimum, attorney competence generally requires a basic understanding of, and facility with, issues relating to eDiscovery and the proper discovery of electronically stored information (ESI). The duty of competence may require a higher level of technical knowledge and ability depending on the e-discovery issues involved in a given matter and the nature of the ESI involved.

Failing to adhere to ethical standards in eDiscovery can lead to fines, reduced verdicts and even suspension from the practice of law.

In our brave new electronic world, digital pitfalls are truly lurking everywhere and this program will assist you in understanding the do’s and don’ts of eDiscovery by covering a number of pertinent ethical rules and recent case law in the area. This CLE program will mainly explore your ethical obligations in these areas: competence, the attorney-client privilege, client confidentiality, knowing where to look for ESI and intentionally withholding ESI. To access the course please click here: Ethics & ESI: Pitfalls and Practical Tips For the Wary Practitioner.

Further issues discussed in this CLE course include:

  • Rules of Professional Conduct
  • The Business & Professions Code
  • The ABA Model Rules
  • The Stored Communications Act
  • The I “heart” Hot Moms case
  • Electronic spoliation
  • Intentionally deleting electronic evidence
  • Removing Facebook photos & other social media evidence
  • Innocent deletion
  • Social media’s indefinite half life
  • Emails & the attorney client privilege
  • The work product doctrine
  • The responsibilities of partners & supervisory lawyer
  • The responsibilities of a subordinate lawyer
  • Responsibilities regarding nonlawyer assistance
  • Withholding electronic documents & emails
  • Qualcomm Inc. v. Broadcom Corp.
  • The penalties for failing to live up to ethical standards when conducing eDiscovery

Eric R. Deitz devotes much of his practice to the defense of attorneys and other professionals sued for malpractice. He also practices complex, estate and appellate litigation. Eric’s published opinions include In re Harris, 590 F.3d 730 (C.A.9, 2009) and Woolverton v. McCracken, 321 Ill.App.3d 440 (2001). Eric has tried multiple cases to verdict, including a statewide class action in California Superior Court. He also lectures on legal ethics, e-discovery, and document retention practices and policy. A member of the invitation-only Legal Ethics Committee of the San Diego County Bar Association, Eric currently serves on the committee’s executive board. Since 2013, Eric has been recognized by the Southern California edition of Super Lawyers® in the area of Professional Liability Defense.

This CLE course on ethics & ESI qualifies for legal ethics credit and is currently accredited in the following states:

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

Attorney Credits offers continuing legal education (CLE) for attorneys in New York and around the country. For more information about CLE in New York please click the following link: NY CLE.

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New CLE Course on Ethics & Technology

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In a very short period of time technology has revolutionized society and has forever changed the practice of law. The days of burying your head in the sand and hoping that technology all just goes away are over – whether you like it or not, technology is here to stay. ESI, metadata, litigation holds, friending potential witnesses… lawyers now need to understand and be well-versed with technology in order to fully represent their clients, get the best outcome at trial and avoid discipline and malpractice lawsuits.

Failing to grasp these new technologies in your everyday practice can lead to ethical violations, malpractice lawsuits and even disqualification.

In this new CLE course Ed McIntyre provides ethical guidance for fellow trial attorneys by reviewing three different hypothetical case examples based on the following subjects: electronically stored information (ESI) & the litigation hold, the inadvertent disclosure of documents and friending people involved in a lawsuit. To access the course click here: Ethics and Technology for the Trial Lawyer.

Further topics covered by Mr. McIntyre include:

  • Why we should care about ethics & technology
  • The applicable laws & codes
  • The evolution of technology
  • ESI (electronically stored information)
  • The Zubulake series of cases
  • Model Rule 1.1, Model Rule 1.6(c)
  • Rico v. Mitsubishi
  • Attorney client privilege
  • Attorney work product
  • Model Rule 4.4(b)
  • Disqualification
  • Public vs. private Facebook pages
  • Googling the jury

Edward J. McIntyre, Esq. is a litigation partner and general counsel for Solomon Ward Seidenwurm & Smith, LLP where he practices complex business litigation in federal and state courts. He also advises and represents attorneys on issues of professional responsibility, risk mitigation and professional negligence. Mr. McIntyre is an expert on the topic of professional responsibility. He testifies as an expert witness in court, writes a monthly column on professional responsibility in the San Diego Lawyer Magazine and frequently lectures on this topic. He is also a member and chair of the San Diego County Bar Association Legal Ethics Committee and received the 2013 Top Lawyers of San Diego distinction.

This CLE course on ethics & technology is currently accredited in the following states:

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

Attorney Credits offers continuing legal education (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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Reducing the Risk and Cost of Cross-border and Multi-lingual eDiscovery Cases

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Recent court decisions imposing sanctions and holding both in-house and outside counsel responsible for poor electronic discovery practices make it clear that all attorneys need to understand the basics of electronic discovery – or at least know when and how to engage colleagues, litigation support teams and service providers who are experts in the field.  Complicating this challenge is the fact that many businesses have an international presence and have offices and employees scattered across the globe.  With the increasing global reach of both business and economic activity, the incidence of cross-border and multi-language litigation is rapidly increasing.  And countries in Europe, Asia and elsewhere around the world have much more strict data privacy laws than the United States that affect how electronic information can be discovered.

Agenda for Course

  • Cross-Border Legal Considerations
  • International Collection Strategies
  • Using technology to lower cost & risk of foreign language review

This CLE course presented by Jeff Jacobs, Associate General Counsel for DTI, will address how to resolve some of the principle discovery challenges involved in cross-border and multi-language litigation.  The main topics discussed by Mr. Jacobs include dealing with non-U.S data privacy laws & regulations, cross-border legal considerations, international collection strategies, using technology to lower the cost & risk of foreign language review and resolving cultural & foreign language issues that may arise in the course of conducting cross-border discovery.  To access the course please click here: Reducing the Risk and Cost of Cross-border and Multi-lingual eDiscovery Cases.

Mr. Jacobs also addresses:

  • Discovery versus privacy around the world
  • Global approaches to personal privacy
  • EU data privacy developments
  • The Sedona framework
  • Jurisdiction
  • Blocking statutes
  • International data privacy laws
  • EU members state penalties
  • Hague evidence collection
  • Resolving international disputes
  • Collecting international information
  • Language identification
  • Special handling for Asian, European and Arabic languages
  • Review strategies
  • The form of production

Jeff Jacobs is the General Counsel and Senior Consultant for Document Technologies, Inc. (DTI).  For the past five years he has advised clients on litigation readiness, email & records retention and the planning & execution of electronic discovery matters.  Prior to joining DTI, Jeff spent seven years as an Associate Litigation Counsel at MCI/WorldCom, where he managed the electronic discovery associated with the government investigations of the WorldCom accounting fraud, related securities class actions and other litigation and the acquisition of MCI by Verizon.  He also served as counsel to the company’s Records and Information Management group and managed the subpoena compliance unit.  Before MCI, he was a Special Counsel in the litigation group of Sullivan & Cromwell’s Washington, DC office.  Jeff is a graduate of Williams College and the University of Chicago Law School and was in the first class of candidates to qualify as a certified electronic discovery specialist by the Association of Electronic Discovery Specialists (ACEDS).

This CLE course on reducing the risk and cost of cross-border and multi-lingual eDiscovery cases is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (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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Reducing E-Discovery Costs and Risks Through Litigation Readiness

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The Federal Rules of Civil Procedure (FRCP) require that companies must be prepared to discuss the location and accessibility of potentially relevant electronically stored information (ESI) shortly after the litigation begins.  The federal (and many state) discovery rules and recent case law require the quick and effective imposition of a litigation hold on critical ESI before the lawsuit even begins.[1]  This presents numerous challenges for large companies that are generating voluminous amounts of electronic documents and emails.  Litigation has also become increasingly expensive and is only increasing in the areas of intellectual property, products liability, employment, securities and mergers & acquisitions.

  • How can you mitigate and reduce eDiscovery risks?
  • What is the best way to manage and reduce eDiscovery costs?
  • How do you leverage existing and implement new technologies to achieve discovery objectives?

In this CLE course DTI Associate General Counsel Jeff Jacobs will answer the questions above and provides points on how to reduce discovery costs and risks through litigation readiness.  The main topics addressed by Mr. Jacobs include case law & rule evolution, proactively addressing the eDiscovery challenge, records retention & policy review, eDiscovery process development, litigation holds and risk & cost mitigation.  To access the course please click here: Reducing E-Discovery Costs and Risks Through Litigation Readiness.

Additional topics addressed include:

  • Why eDiscovery matters
  • Discovery sanctions
  • Judicial intolerance for poor eDiscovery
  • Critical sanction cases
  • The EDRM (Electronic Discovery Reference Model)
  • Finding the relevant information
  • ESI assessment
  • Saving costs through effective retention & disposition
  • What judges want related to eDiscovery
  • The development of an effective litigation discovery response plan
  • The creation of a targeted data map

Jeff Jacobs is the General Counsel and Senior Consultant for DTI. For the past five years he has advised clients on litigation readiness, email & records retention and the planning & execution of electronic discovery matters.  Prior to joining DTI, Jeff spent seven years as an Associate Litigation Counsel at MCI/WorldCom, where he managed the electronic discovery associated with the government investigations of the WorldCom accounting fraud, related securities class actions and other litigation and the acquisition of MCI by Verizon.  He also served as counsel to the company’s Records and Information Management group and managed the subpoena compliance unit.  Before MCI, he was a Special Counsel in the litigation group of Sullivan & Cromwell’s Washington, DC office.  Jeff is a graduate of Williams College and the University of Chicago Law School and was in the first class of candidates to qualify as a certified electronic discovery specialist by the Association of Electronic Discovery Specialists (ACEDS).

This CLE course on reducing eDiscovery costs and risks through litigation readiness is currently accredited in the following states:

  • Alaska (AK)
  • Arizona (AZ)
  • California (CA)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Illinois (IL)
  • Maryland (MD)
  • Massachusetts (MA)
  • Michigan (MI)
  • New Jersey (NJ)
  • Pennsylvania (PA)
  • South Dakota (SD)

Attorney Credits offers continuing legal education (CLE) for attorneys in New York and around the country.  For more information about CLE in New York please click the following link: NY CLE.

[1] Litigation holds must be imposed once a triggering event occurs and litigation is reasonably foreseeable.

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