Category Archives: Litigation

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.

Tagged , , , , , , , , ,

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

Tagged , , , , , , , , ,

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.

Tagged , , , , , ,

New CLE on Cell Phone Forensics for Attorneys

With billions of cell phones and apps out there, the amount of ESI generated by cell phones is overwhelming to many legal professionals. So overwhelming that many attorneys simply ignore smart phones, the best source of evidence because it tracks the user’s life.

Cell Phone Forensics & Electronically Stored Evidence (ESI)

We get it – you are an attorney not a computer genius. But if you are ignoring evidence on smart phones and apps in your cases, you are ignoring a virtual treasure trove of electronic information that can greatly benefit your client at trial.

In this CLE program, highly-rated instructor Lars Daniel will use case examples from his digital forensics practice to highlight the proper way to forensically acquire cell phone evidence. Lars will mainly discuss the collection, acquisition, analysis and examination of electronic evidence on smartphones and challenging the evidence. To access the course please click here: Cell Phone Forensics for Legal Professionals.

Lars also address the following topics:

  • “Thumb forensics” by first responders
  • Logical & file systems
  • Deleted & destroyed data
  • Manual examinations
  • Google Maps & network
  • User accounts
  • Internet searches & history
  • Call logs
  • SMS & MMS messaging
  • Installed apps
  • Power events
  • The user dictionary
  • Google is watching & listening
  • Timelines
  • Affidavit highlights
  • Video verification
  • Fakes messages are real
  • A spoofing (fake texts) case example

A digital forensics expert, Lars Daniel 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, among other case types.

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.

Tagged , , , , ,

New CLE: Tell Your Client’s Winning Story

There’s always a greater story hidden behind the rigid surface of your client. As a trial lawyer, it’s your job to be able to find this story, to craft it and then to awaken the jury to your client’s greater story.

Tell the Winning Story

When you’re facing the jury, you’re a storyteller whether you like it or not. The question is, how good is that story? Is it dead or alive?

In this CLE course, Juliard’s graduate Jesse Wilson will show you how to present your client’s winning story to the jury while avoiding the victim trap. Jesse will mainly discuss how to avoid telling the whining story, building a strong human connection with the jury, putting your client’s story before the jury and understanding the role of story & conflict at trial. To access the course please click here: The Winning vs. Whining Story: How to Transform Your Client from Victim to Victor.

Additional topics addressed include:

  • Embracing & thriving in an uncomfortable courtroom
  • Avoiding talking about your client like a victim
  • Tapping into emotional evidence
  • Breaking through your client’s rough exterior
  • Crafting the theme of your case
  • But I don’t love my client
  • Reframing the definition of conflict
  • What make a great story
  • Focusing on conflict
  • Using monologue to understand your client’s experiences

Born and raised in Los Angeles – almost underneath the iconic Hollywood sign – Jesse Wilson is the CEO and Founder of Tell The Winning Story, a communications effectiveness program that helps attorneys step into their true communications power through the raw power of the theater. He works with attorneys throughout the country to tell their client’s winning story.

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.

Tagged , , , , , , , , , ,

Litigating a Slip and Fall Case Against the City: Crumbling Sidewalks & Ruptured Breast Implants

A potential client walks into your office. She was walking down the street to her doctor’s appointment from her condo when she got her toe caught in the uneven sidewalk and fell hard on her chest. Because her arms were outstretched as she fell, her breast implants ruptured when she hit the cement. Does this person have a claim against the city?<br><br>

Slip & Fall Claim Against the City of San Diego 

Brett Schreiber tried this exact case. His client, the wife of the disgraced former mayor, was awarded $85,000 in damages against the city.

In this CLE course Brett will mainly address how to bring tort claims against a government entity and the fine points of litigating the case, with in in-depth discussion of jury instructions and strategic considerations. To access the course please click here: Slip and Fall: Crumbling Sidewalks and Ruptured Breast Implants.

Brett also discusses:

  • Filing your governmental claim
  • Minors & incompetents
  • What the claim must state
  • Pleading with particularity
  • Accrual
  • Identifying statutory grounds
  • Additional elements
  • Pitfalls
  • Investigation
  • Using Google Street View to find to access pictures of past conditions
  • Establishing notice of the dangerous conditions
  • Voir dire

Brett Schreiber’s practice includes mass torts, personal injury, medical malpractice and condemnation law. Brett is a young lawyer who has begun to distinguish himself as one of the next generation of legal leaders. In 2009 he earned recognition as one of San Diego’s Top Attorneys, perhaps the youngest person to do so. He is slated to be the youngest President in the history of 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.

Tagged , , , ,

New CLE: Levelling the Playing Field – An Overview of Title IX Litigation

Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational institutions that receive federal funding. The principal objective of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against discriminatory practices in schools that receive federal funding.

Title IX issues include, but are not limited to the following:

  • Access to higher education, especially in areas of study where women, including women of color, are and have been traditionally underrepresented.
  • Equal opportunity and access to athletics, including adequate funding of women’s sports; equal access to practice times, facilities, and transportation; access to scholarship monies; and pay equity among male and female coaches.
  • Sexual harassment
  • Education for pregnant and parenting students.
  • Employment, including tenure and pay equity issues, and pregnancy claims.
  • Discrimination based on sexual orientation.
  • Retaliation for complaining about discrimination.

In this CLE course, attorney Adria Silva discusses what you need to know when handling Title IX cases by highlighting some of the most important elements and case law in this complex area of law. Adria mainly discusses the differences between Title IX and Title VII gender discrimination claims, pregnancy discrimination, damages, representing minor plaintiffs, filing the lawsuit and privacy (FERPA) considerations. To access the course please click here: Levelling the Playing Field: An Overview of Title IX Litigation.

Additional topics include:

  • Exempt institutions
  • Patterns of proof
  • Establishing your case
  • Affirmative defenses
  • Common plaintiffs & defendants
  • Conditions precedent
  • The OCR (Office of Civil Rights)
  • The burden of proof
  • Retaliation cases
  • Equitable relief
  • Multi-client representation & conflicts of interest
  • Forms of production
  • The Family Educational Privacy Rights Act (FERPA)
  • Recent verdicts

Attorney Adria Lynn Silva represents employees and students in Title IX gender or sex discrimination, harassment, and retaliation cases. She has been named a Rising Star in Employment and Labor Law by Super Lawyers Magazine.

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

Tagged , , , , , , , , , , , ,

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.

Tagged , , , , , ,

New CLE on Copyright, Fair Use & Permission to Use

Copyright protection has become incredibly important for content producers. In our new Digital Age, copyright protected content can be copied, pasted and distributed around the globe in seconds. However, there are many common myths associated with copyright protection, fair use and permission to use copyrighted works.

Copyright Protection & Myths

Are you guilty of telling one of your clients to put their work in a sealed envelope and mail it to themselves??

In this CLE course, Rex Brabson provides an entertaining discussion about key issues in copyright law and the common misconceptions about fair use and permission to use copyrighted works. Rex will mainly cover: the elements to establish a valid copyright, common issues faced by authors & businesses, common myths associated with fair use and permission to use copyrighted works. To access the course please click here: Copyright, Fair Use, and Permissions for Authors.

Evan will also address:

  • The five copyright rights
  • How rights are acquired
  • Original works of authorship
  • Fixed in a tangible medium
  • The value of registration
  • Copyright compared to trademark law
  • Works made for hire, what is not protected
  • The four fair use factors
  • Content that requires permission to use
  • Protection for databases
  • The abstraction-filtration comparison test

Rexford Brabson is of counsel at Branfman Law Group. Rex mainly handles state and federal trademark applications and Responses to Office Actions, in addition to preparing and filing copyright applications. A graduate of the University of San Diego School of Law, Rex was admitted to the State Bar of California in 2014.

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.

Tagged , , , , , ,

New CLE on Property Damage & Homeowners Insurance

Many of us have achieved the one of the pinnacles of the American dream, owning our own home. However, even though it’s the most expensive purchase many of us will make, quite a few attorneys and clients fail to understand the basics of the document that protects their investment – their homeowners insurance policy.

Floods, Wildfires and Hurricanes

In 2017, from floods to fires there were 16 related weather disasters that exceeded $1 billion each and the damage from Hurricane Harvey will exceed $125 billion.

In this CLE course, attorney Evan Walker will walk you through the basics of understanding homeowners insurance policies and coverage. He will mainly cover the following topics: the declarations page & definitions, coverages, exclusions, endorsements and first & third party claims disputes. To access the course please click here: Burnt, Smashed, or Broken: Property Damage and Homeowners Insurance.

Evan will also discuss coverage & coverage limits

  • Coverage A – D
  • How to read the policy
  • The definitions of the insured & insured property
  • The issue of being underinsured
  • Due diligence to make sure that you have adequate insurance
  • Depreciation
  • Additional living expenses
  • Named perils
  • The burden of proof
  • Scope of coverage
  • Riders
  • Contract-driven disputes
  • Tort claims against third parties
  • Subrogation

After evacuating from New Orleans to Houston, Evan W. Walker graduated in 2008 as part of the ‘Hurricane Katrina Class.’ After graduation, Evan worked for a New Orleans insurance defense firm. He opened his own firm in 2014 to represent people after years of defending insurance companies.

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.

Tagged , , , , , , , , , ,