Category Archives: Social Media

eDiscovery Fundamentals CLE

Despite the increased importance of eDiscovery in today’s legal world many attorneys still don’t even know the basics… what’s ESI??? How do you respond to a litigation hold? What are native files?

What is ESI??

If you’re a trial attorney and you don’t know what ESI is… then you need to take this CLE course!

In today’s electronic world, being prepared to properly respond to eDiscovery demands can make or break your client’s case – and your litigation budget. In this CLE course Alex Marjanovic and Greg Mahoney show you the most efficient way to respond to eDiscovery by discussing the key terms you need to know to get results, litigation holds and the three primary methods that firms are currently handling e-discovery. To access the course please click here: eDiscovery Fundamentals.

Three Primary eDiscovery Methods

Alex and Greg also review the three primary eDiscovery methods and  provides a cost benefit analysis and the potential for sanctions with each of the three methods (1) Review on your computer (2) Review hard copy of ESI and (3) Review in database. The analysis of the three methods is conducted with the use of a sample data set that could be found in any litigation matter today.

Alex Marjanovic is the Managing Partner of Sales at Epiq, a national and international provider of electronic discovery services, with responsibility over the Southwestern States of the U.S. He has had extensive experience with electronic and paper-based discovery and related litigation production/discovery matters over the past 14 years. Greg Mahoney is the Director of Legal Solutions at Epiq Global. He collaborates with law firms, government agencies and corporations throughout the eDiscovery process.

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: Deal With the Bad Facts in Your Case!!

Every case has bad facts. But should you deal with it only after the opponent introduces it at trial – or is it better to “inoculate” the jury against the bad facts by first introducing it in a weakened form? While the conventional wisdom states that inoculating the jury at an early stage is the preferred approach, in the past 20 years a vocal minority of commentators created confusion on the issue by mounting a fierce assault on the conventional thinking.

Deal With It!!

Veteran trial attorney Quentin Brogdon shares his experiences and thoughts on how to best deal with the bad facts buried in your cases.

In this CLE course, Quentin will cover how jurors deal with bad facts, the positives & negatives of inoculating the jury, considering the sponsorship theory and additional trial strategies to limit the effects of bad facts. To access the course please click here: Dealing with Bad Facts.

Quentin will also discuss:

  • The mindset of the jury
  • The importance of the plaintiff
  • Cognitive dissonance
  • The severity effect
  • Types of bad facts
  • Rational fears
  • Fear factors
  • Counseling clients
  • 3 lessons on sponsorship
  • The Rice-Legger Study
  • Self-flogging ads
  • Turning strengths into weakness
  • Motions in limine
  • Limiting instructions
  • Failing to preserve error
  • Possible waiver of appellate points of error when adopting an inoculation approach
  • Ohler v. U.S. (2000)

A seasoned trial attorney, Quentin Brogdon is a Fellow in the International Academy of Trial Lawyers. He has been selected as one of its “Lawdragon 500 Leading Plaintiffs’ Lawyers in America,” selected by the National Trial Lawyers as one of the Top 100 Texas Trial Lawyers, selected by the National Association of Distinguished Counsel as one of the Nations’ Top One Percent, and selected by D Magazine as one the “Best Lawyers in Dallas.”

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 CLE in Texas please click the following link: TX CLE.

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New CLE On Social Media Spying & Tracking Spouses in Divorce Cases

You’re away on business and before you head off to bed you text your wife “good night honey, don’t let the bed bugs bite.” The next day your wife gets a call from Corky’s Pest Control offering their services to help with your bed bug problem. Yes, Big Brother is watching… and listening… and tracking. But it’s not just the government and companies – your soon-to-be ex-spouse could be hacking your emails, stalking you on Facebook or sticking a GPS tracking device on your SUV.

Divorce & Social Media Spying

Social Media spying has become a major issue in contentious divorce cases.

In this CLE course, veteran Family Law attorney Henry Gornbein will teach you about electronic spying and tracking in divorce cases. He will mainly address: potential liabilities for spousal tracking, social media use during divorce, Federal laws against spying, the use of technology to spy on spouses  and using social media evidence & ESI. To access the course please click here: Social Media and Beyond: Electronic Spying and Tracking Spouses in Divorce Cases.

Also covered:

  • Invasion of privacy
  • Laws regarding unauthorized computer access
  • Stalking & harassment statutes
  • Counseling clients on social media use before & during the divorce
  • Social media as a tool and a weapon
  • The Federal Wiretap Act
    Attorney vicarious liability
  • The Stored Communications Act
  • The Electronic Communications Privacy Act
  • The First Amendment
  • GPS tracking
  • iPhone apps for divorce lawyers & clients
  • Spyware
  • Unauthorized computer access
  • Telephone issues
  • Six issues with Facebook evidence
  • Admissibility of surveillance evidence
  • Federal Rules of Evidence 104, 901 & 902
  • Authentication of social media posts
  • Tips for getting evidence admitted

Henry Gornbein practices in all areas of Michigan family law including divorce, child custody, parenting time, child support, spousal support, prenuptial and postnuptial agreements, interstate custody issues, domicile issues, as well as mediation and arbitration of all family law matters. In addition, he has a Television show, is associated with “Divorce Source Radio” and writes for the Huffington Post.

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 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.

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New CLE Course on Avoiding and Obtaining Discovery Sanctions When Dealing with ESI

You’re involved in international litigation representing a local company that sold high tech electronic equipment to an English firm. As soon as discovery starts, the English company claims that four key employees no longer work at the company and they can’t locate their smartphones, laptops and other company devices. With the help of your expert, you eventually realize that all four people are still employed at the company and you get a termination order from the judge due to their dishonesty.

ESI – Discovery & Sanctions

Julie Thorpe-Lopez was not an expert on eDiscovery when the case began – and she wasn’t an expert when it finished either. But she was savvy enough to “know what she didn’t know.” With the help of eDiscovery expert Ryan Maxwell, she was able to leverage an incredibly favorable outcome for client in what looked like a losing case.

In this CLE course, Julie Lopez and Ryan Maxwell will detail how to obtain ESI in eDiscovery and how to avoid sanctions when producing ESI. Julie and Ryan will mainly discuss the attorney’s duty to preserve ESI, ESI best practices and sanctions for failing to properly handle electronically stored information. To access this course please click here: ESI Basics: Avoiding and Obtaining Discovery Sanctions.

Julie and Ryan will also discuss:

  • Scoping
  • Documentation
  • Defensible collection
  • Potential testimony
  • The Electronic Discovery Reference Model (EDRM)
  • Questionnaires/interviews
  • Data sources
  • Metadata
  • File systems
  • Defensible discovery
  • Motions to compel
  • Motions for sanctions
  • Using a discovery referee
  • Hiding electronic evidence

Julie Thorpe-Lopez is a Partner with Tatro & Lopez, LLP, and mainly represents clients who’ve suffered personal injury as a result of motor vehicle collisions, elder abuse and medical malpractice. Ryan Maxwell directs Epiq’s team of computer forensics analysts in southern California and manages the purpose-built computer forensics laboratory which he designed and established.

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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Attorney Credits New Webinar Series on YouTube

Have you checked out the Attorney Credits YouTube channel yet???  We recently started a new monthly webinar series that can help you with the business side of running a law firm.  Once we record the webinar we then make it available on our YouTube channel.

We thought this could be a helpful FREE resource for you!  We also thought that you could benefit from some non-CLE content that State Bars will not let us accredit. Topics range from S.E.O to building and managing your online reputation.

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Attorney Credits: New Webinar Series for Lawyers

We know that running the business side of a law firm is just as important as the practice of law itself. Therefore, we have started a new webinar series that’s dedicated helping you run a better law firm. Although you cannot get CLE credit for completing these webinars, it can definitely help you run a more profitable law firm.

List of Webinars:

  • Master Your Domain: On-Site SEO Best Practices
  • The Most Common Fatal Mistakes Found In Your Lawyers Professional Insurance
  • How to Get New Business from Your In-Person and Online Marketing Part 1
  • How to Get New Business from Your In-Person and Online Marketing Part 2
  • How To Become A Local SEO Superhero

These webinars focus on a number of topics and we are going to continue to produce a new webinar every month.  Let us know your thoughts and future topics you would like to see. To check out our webinars on our YouTube channel please click here: Attorney Credits Webinars.

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Webinar: On-Site SEO Best Practices for Attorneys

At Attorney Credits we know that running the business side of a law firm is just as important as the practice of law itself. You can’t help clients if they can’t find you to ask for your help. And nowadays, like any other goods or services, clients are finding attorneys and legal services online. But are your law firm’s web pages fully optimized for SEO? Do you even know what SEO means??

Webinar Topics Covered:

  • Keyword research & placement
  • Webpage content best practices
  • Internal linking & schema optimization
  • Why is “Technical SEO” so important?

If you need help with your SEO please join Chris Dreyer, CEO & Founder of Rankings.io on Friday, September 22nd at 10 a.m. PST for a highly informative website on how to improve your law firm’s google page rankings. In this one-hour webinar presentation, Chris will discuss the key strategies and best practices to truly master your on-site SEO. To register for the webinar please click here: Master Your Domain: On-Site SEO Best Practices.

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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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