Category Archives: Employment Law

New CLE: Age Bias Against Younger & Older Attorneys

There are many CLE programs that discuss bias in the legal profession – but many of these programs focus on bias based on race or sex. There are very few programs that tackle the growing issue of age bias in law firms. And it’s not just older attorneys that are being discriminated against because of their age, “millennial” attorneys also face bias in the legal workplace.

Lawyers: Overcoming Age Bias

Andie and Al also provide you with advice and techniques you can use to avoid or overcome bias against other and in your own professional capacity.

In this CLE course Andie and Al help you to understand the stereotypes surrounding younger and older lawyers and the biases that result from these stereotypes. Andie and Al will mainly discuss how age discrimination manifests in the legal profession, unconscious stereotypes, what law firms & legal organizations can do and what you can do to overcome your own biases. To access the course please click here: Ending the Discriminatory Consequences of Age Bias in the Legal Profession.

These topics will also be covered:

  • The Age Discrimination in Employment Act (ADEA)
  • Age discrimination before & after Gross v. FBL Fin. Svcs. Inc.
  • Mandatory retirement
  • Clear evidence of age bias
  • The daunting problem for older & younger female attorneys
  • Younger lawyers
  • Stereotypes & scripts
  • The ABA Mission Statement
  • ABA Model Rule 8.4(g)

Andrea S. Kramer is an attorney and a partner in the international law firm of McDermott Will & Emery, LLP. The managing partner in the Chicago office of Nixon Peabody, Al is a frequent writer and lecturer on the financial markets, financial regulation, corporate governance and diversity in the legal profession.

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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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: Warning Signs of Potential Employment Lawsuits

It’s a Friday afternoon, you’re trying to wrap up all the loose ends from the week and looking forward to spending some time with your family over the weekend. Then the phone rings. It’s a long time client that runs a tow truck company. He’s decided it’s easier for him to pay all of his drivers as independent contractors… good idea???

Lawsuits Against Employers

Yes, while entrepreneurs and business owners are great at starting and running business, they are not always so great at employment law.  That’s where you step in to counsel your business clients to help them avoid costly employment related lawsuits.

In this CLE course, Michael Freeland will provide practical insight and guidance into the most common liability traps for employers. He will mainly discuss the following common pitfalls that often lead to employer liability: independent contractors vs. employees, exempt employees, paying scheduled hours vs. the time sheet, final payment after termination, at will employees and retaliating against employees. To access the course please click here: Warning Signs of Potential Employment Lawsuits.

Additional topics covered:

  • The dynamics of employment law
  • Pre-litigation concerns
  • Factors that determine independent contractor status
  • Labelling employees as managers
  • Potential damages
  • Tracking worker’s performance & hours
  • Failing to provide full pay at termination
  • The “employee in limbo” scenario
  • Documenting attempts to contact AWOL workers
  • Wrongful termination
  • Retaliation claims

Michael M. Freeland has conducted state and federal trials, arbitrations and administrative hearings.  In addition to his extensive appellate court experience, he is proficient in litigation and motion practice, mediation, arbitration and depositions.

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 New York please click the following link: NY CLE.

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New CLE: Best Practices for Employer’s When Handling Employee’s Social Media Use

You run a successful six-person personal injury law firm. One hot summer night you can’t sleep so you decide to check Twitter one more time… and you can’t help but notice that your new paralegal James has blasted you as being a terrible, penny-pinching boss with horrible breath that “pervs” on female employees at the office. Can you fire him for this rude, untrue and offensive tweet?

Social Media Use & Employers

The explosion of social media use in the workplace – from Facebook to online dating apps – has created a flood of novel legal and practical issues for employers.

The answer… it depends! Increasing legislation, emerging case law, NLRB decisions and a change in administrations further clouds the legal landscape. If you need some guidance on how employers may legally handle employee social media use, join employment law attorney Alix Rubin for a lively and practical discussion of situations that arise when employees “misbehave” on Facebook, Twitter, LinkedIn and other social media sites and apps. This CLE course is full of recent case examples and practical guidance for employers. To access the course please click here: Social Media Chatter at Work: Employer Dos & Don’ts.

Alix will mainly discuss

  • The types of confidential information employers may protect from online exposure
  • The types of information you may discipline an employee for disclosing online
    When you can and cannot monitor your employees’ social media activity
  • Who owns an employee’s business-related social media contacts

Alix R. Rubin founded Rubin Employment Law in 2010 to fill the need for compassionate legal counsel for both employers and employees. The firm’s goal is to help its clients resolve their disputes cost effectively and with as little disruption to their businesses, and lives, as possible. A former member of a New Jersey District Ethics Committee, she currently serves on the Board of Trustees of Volunteer Lawyers for Justice and as a director of the Wharton Alumni Club of New Jersey.

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 New York please click the following link: NY CLE.

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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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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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CLE Course: What Non-Insurance Attorneys Should Know About Insurance Coverage

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Insurance can be an extremely important source of funding for the defense of any lawsuit and the payment of any judgment or settlement for many different causes of action. The failure to recognize when insurance coverage applies and how coverage is triggered can adversely affect your clients and can easily lead to a malpractice lawsuit.

Insurance Coverage

Failing to recognize when and how insurance coverage applies can adversely affect your client’s case and lead to a malpractice lawsuit.

In this CLE course Jared De Jong and Timothy Heggem of Payne & Fears discuss the key points that you need to know in order to preserve potential insurance benefits available to their clients. Jared and Timothy discuss the types of insurance that provide coverage and how to identify them, the types of events that trigger coverage, how to maximize the likelihood of triggering coverage, what to do if the insurer fails to provide coverage, how to best proceed if the insurer imposes unreasonable limitations on the defense it provides, and the steps to take if the insurer and insured disagree about settlement. To access the course please click here: What Every Litigator Should Know About Insurance Coverage.

Additional topics discussed include:

  • “Claims made” nightmares
  • Sources of policy information
  • Commercial general liability policies
  • How to trigger the duty to defend
  • The compliant
  • Denial & delay of coverage
  • How to proceed if the insurer refuses to pay defense counsel’s full billing rates
  • The insurer’s right to settle
  • What to do if the insurer is not defending the suit

Jared De Jong is an associate at Payne & Fears LLP working in the Insurance Coverage Group. Timothy Heggem is an associate in the Insurance Coverage Group at Payne & Fears LLP.

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

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New CLE: Top 10 Most Common Employer Mistakes

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Many entrepreneurs, business owners and employers are super stars when it comes to starting, running and/or growing their businesses. Unfortunately, while they may be great at business, they are not always great at legal compliance with labor & employments law and businesses are served with lawsuits from former employees every day in this country. Fortunately, there are some common mistakes that employers can easily recognize and remedy that will decrease the odds of getting hit with a lawsuit.

This is a hyper technical area of the law that is frequently mishandled by employers. Advising your business clients in few key areas could possibly prevent employment related lawsuits and save your clients millions of dollars.

In this CLE course, Douglas Clifford discusses the top ten most common mistakes that employers make that lead to labor and employment lawsuits. The top 10 areas that Doug covers include: wage & hour, vacation pay, avoiding inconsistent treatment amongst employees, commission plans, alternative workweeks, the employee/independent contractor distinction, exempt vs. non-exempt (overtime) employees, at-will employment, investigating harassment complaints, inattention to DFEH/EEOC complaints and reasonable accommodations for employees.  To access the course please click here: Employment Law: Top 10 Most Common (or Worst) Employer Mistakes.

Additional areas covered include:

  • Non-compliance consequences for employers
  • Treating employees consistently
  • Drafting commission plan agreements
  • Document it!!!
  • Penalties for violations
  • Test to determine employees/independent contractors
  • Key overtime errors committed by employers
  • Specific problems for specific industries
  • Firing employees legally
  • Using outside investigators to investigate harassment complaints
  • Working interactively with employees
  • Holly D. v. California Inst. Of Tech., 339 F.3d 1158, 117 (9th Cir. 2003)
  • Velez v. Thermo King de Puerto Rico, 585 F.3d 44 (1st Cir. 2009)

Douglas Clifford is the founder and owner of Clifford Law Office, PC. Doug has represented large and small businesses in all aspects of labor and employment litigation, including suits for wrongful termination, defamation, discrimination, wage and hour, and workers’ compensation discrimination.

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

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TX CLE: New Texas CLE Courses Added

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Our goal at Attorney Credits is to bring you the most current and relevant CLE programming that will make you a better attorney. We try to create about 4-8 new CLE course each month to constantly expand and diversity our CLE library. These are the latest CLE courses that we have added for Texas attorneys:

  • Bankruptcy, Money Laundering and Terrorist Financing
  • Digital Asset Landscape: Preparation for Changes in Legislation
  • Discharging Taxes in Bankruptcy
  • Ethics in Jury Selection
  • Hot Topics and Emerging Trends in Cannabis Litigation
  • Keep Calm and Drone On: Regulation and Liability
  • Obtaining a Green Card Through Marriage
  • Securities Crowdfunding in the Age of Kickstarter
  • The Indian Child Welfare Act
  • Top Tech Tools for Lawyers
  • Will Bias Cost You Your Next Case?

We are constantly working hard to bring you the best CLE courses and the best CLE presenters. We are not limited by geography like many city and state Bar Associations. We bring you the best presenters and CLE content at your fingertips, available at any time of the day or night. For more information about Texas CLE, please click here: TX CLE.

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