Category Archives: Law & Technology

FL CLE: 30 CLE Hours or 33 CLE Hours??

The Florida Supreme Court approved a new rule on 1/1/2017 requiring Florida attorneys to complete technology-related CLE courses. If your Florida CLE compliance is due in the next couple years you don’t have to worry about it.

FL CLER – Technology Requirement

The first Florida attorneys that need to complete 33 hours – including 3 hours of technology – have compliance dates starting in December 2019.

Only if your compliance deadline ends in December 2019 (or later) then you must complete 33 credit hours every 3 years. Five of the 33 credit hours must be in approved legal ethics and 3 of the 33 hours must be in approved technology programs. Please click here to see more information: FL CLE.

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CLE COURSE: DIGITAL FORENSICS FOR ATTORNEYS 102

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

Digital Forensics

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

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

Lars also discusses:

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

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

This CLE course is offered in the following states:

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

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

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

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New CLE: Cell Phone Location Evidence for Lawyers

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

Cell Phone Location Evidence

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

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

These topics are also addressed:

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

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

This CLE course is offered in the following states:

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

Attorney Credits offers CLE for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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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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CLE Course: Digital Forensics for Attorneys 101

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

Digital Forensics

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

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

This CLE course also covers:

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

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

This CLE course is offered in the following states:

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

Attorney Credits offers CLE for attorneys in Illinois and around the country. For more information about CLE in Illinois please click the following link: IL CLE.

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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.

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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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New CLE on Common Ethics Traps for Attorneys

Pick up the phone and call your clients, don’t “borrow” money from trust accounts, calendar every key deadline & date – the same fundamental ethics principles still hold true for the 21st century lawyer. That’s because the same traditional ethics issues continue to plague lawyers, leading to countless ethics violations and malpractice lawsuits.

Lawyers & Ethics

The same traditional legal ethics issues continue to bring attorneys down – calendaring dates and communicating with clients still top the list.

In this course Joel Selik discusses the most common ethics violations you need to be aware of so you can continue to practice ethically. The main issues discussed include the most common ethical pitfalls, insurance issues, what happens when you get “the letter” and sources of ethics laws & duties. To access the course please click here: Common Ethics Violations to Avoid.

Joel will also address

  • Calendaring deadlines
  • Communicating with clients
  • Trust account issues
  • Dumping clients
  • Staying in your practice area
  • Contingent & set fee agreements
  • Billing issues
  • Responding to a malpractice letter or ethics complaint
  • Key practice points to remain ethical

A malpractice attorney and ethics expert, Joel G. Selik has practiced law for over 30 years and frequently represents attorney clients in malpractice cases. Joel is licensed to practice law in both California and Nevada and he frequently presents seminars on Estate Planning, Nursing Home Litigation, Legal Ethics and Malpractice.

  • 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 CLE: A Primer on European Patent Practice

Entrepreneurs and inventors often come up with great ideas that they think will be the next great product at home in the United States and around the world. But patenting that Green Bay Packer cheese head beer coolie hat in Germany might not be the best idea – no matter how great your client thinks it will sell.

European Patent Law

Patents having effect in most European states may be obtained either nationally, via national patent offices, or via a centralized patent prosecution process at the European Patent Office (EPO)

In this CLE program, Eric Hanscom and Greg Sach highlight key legal and practical points about seeking patent protection in the EU. Eric and Greg will mainly discuss the U.S. patent system, the EU patent system and common pitfalls when seeking patent protection in the EU. To access the course please click here: A Primer on European Patent Practice.

Additional subjects covered:

  • The three types of U.S. patents
  • Provisional patent applications in the U.S. & Europe
  • Comparing the cost of U.S. vs. European patents
  • Popular validations in Europe
  • The unitary patent
  • Typical EPO examination procedures
  • Costs & timelines
  • Added subject matter
  • Intermediate generalizations
  • Novelty & the two categories of prior art
  • The inventive step
  • Patent ineligible subject matter
  • Methods for treatment
  • The number of claims

Eric Hanscom is actively involved in overseeing litigation, contract negotiation and customs issues around the globe over matters ranging from patent and trademark infringement to breach of contract. With over 14 years of experience in the patent profession, Greg Sach has expertise in drafting, prosecution and appeal proceedings for the European Patent Office and he also handles patent applications before the UK and Germany.

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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What’s in a Name – CLE on Selecting, Identifying & Protecting Trademarks

For many entrepreneurs and business owners, the intellectual property of the company is the last thing on their mind when starting and running their business. They are more concerned with getting their business off the ground, hitting sales marks and growing their business. However, intellectual property is often the most valuable asset of the business and it must be properly protected – especially trademarks because they are what consumers recognize in the marketplace.

Selecting a Trademark

 A strong trademark or service mark can make the difference between a wildly successful business – and its not-so-successful competition.

In this CLE course Christian Fenton teaches you how to counsel your business clients when selecting, identifying and protecting trademarks for their businesses, brands, products and services. Christian will mainly discuss the foundations of trademark law, identifying & searching for a conflicting trademark and the main benefits of federal trademark protection. To access this course please click here: What’s in a Name: The Fundamentals of Trademark Law.

These topics are also covered in this CLE course:

  • Types of trademarks
  • The main goals of trademark protection
  • The origins of trademark law
  • The federal trademark statute
  • Continuous use of the trademark
  • Identifying a strong mark
  • How to search for conflicting trademarks
  • Trademark infringement
  • Duration of the mark

Christian is licensed to practice law in Hawaii and California, is a registered patent attorney and has been litigating cases for nearly 10 years. Throughout that time, Christian obtained a broad base of legal experience, including that obtained from having been a managing attorney at a large San Diego law firm. Christian’s practice focuses on intellectual property prosecution and litigation, as well as other business litigation.

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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