Category Archives: Law & Technology

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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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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CLE Course: Intro to Examination of Altered Documents

A client walks into your office in a major panic!  She just got off the phone with the bank… who just told her she doesn’t own her own home.  They have a deed that transfers the property out of her possession – that’s now owned 100% by her ex-husband – and it’s even been recorded by the county recorder. How can you possibly help this client?

Forensic Document Examiners 

  • Forensic document examiners are retained to determine whether a document has been altered.

By reviewing a series of case examples, Mike Wakshull provides an overview of the different types of alterations encountered by document examiners in legal cases and the methods used to detect these alterations. Mike discusses alterations to the following documents: a real estate deed, a birth certificate, a falsified mortgage document, a transfer of property agreement, an employment contract, an altered receipt, a holographic will, an altered PDF and an altered email. To access the course please click here: Introduction to Examination of Altered Documents.

Mike also addresses:

  • How document examiners use Photoshop
  • Examining ink on a document
  • Discovery of cut-and-paste signatures
  • The tools used by document examiners
  • Digital microscopes vs. stereo microscopes
  • Pixilation
  • Examining signatures written on digital tablets
  • Examining word documents
  • The future of forensic document examination

A court-qualified forensic document examiner, Michael N. Wakshull has been involved in the Forensic Document Examination arena since 1983 and belongs to a number of Document Examination Associations.

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 CLE: Using Clio to Streamline Your Legal Practice

We live in the 21st century.  Practice and case management software now provides attorneys with a convenient method of effectively managing client and case information – from conflicts and calendaring to documents and billing.  It can be used to share information with clients and other attorneys in the firm via the cloud and it is also scalable so you can choose the best fit for your firm.

Practice Management Software

How do you choose between MyCase, Clio, Rocket Matter or one of the many other service providers?

This CLE course will review how Clio practice management software can help you run a more efficient law firm by attorneys who have implemented Clio at their law firm. Eric Hanscom, Ian McDaniel and Ryan Pickett of Hanscom Alexeev & McDaniel LLP mainly address tracking client information, managing conflicts of interest, calendaring and document management. This course will focus on how Clio can be used in an Intellectual Property and business law firm context. To access the course please click here: Using Clio to Streamline Your Legal Practice.

The panel of speakers also address:

  • The advantages of cloud based software
  • Costs & savings
  • Tracking renewal fees
  • The client intake process
  • Invoices
  • Integration with other applications and programs
  • Electronic signatures

Before beginning his own practice, Eric Hanscom utilized his science background and law degree to gain experience in multiple facets of patent, trademark and copyright law.  Ian McDaniel focuses his expertise on advising emerging companies and small and mid-size businesses in corporate and securities transactions and general counsel services. A graduate of the University of San Diego Paralegal Program, Ryan Pickett will be enrolling in law school in 2018.

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 Protecting Aftermarket Auto Parts with IP Protection

Ford, Chevy, Dodge… America is known around the world for our car culture and our love of the automotive industry. And if it’s one thing that many Americans enjoy doing, it’s customizing their cars by slapping on the hottest new rims or upgrading to the most fuel-efficient oxygen sensor.

The Aftermarket Auto Industry

The aftermarket auto industry is big business domestically and the globe. The industry is slated to expand exponentially over the coming years with an estimated target revenue of $680 billion by 2024.

This course will discuss common legal issues in the aftermarket automotive industry and focuses on intellectual property concerns regarding aftermarket auto parts. The main subjects covered include: the aftermarket auto industry, how to protect inventions, how to protect the name of a company or product, how to enforce a trademark, how use copyright protection for websites & artwork, pre-litigation strategies to avoid court, the role of product liability insurance, facing a potential lawsuit and how to advise clients. To access the course please click here: Trick That Ride: Protecting Aftermarket Auto Parts with IP Protection.

Eric, Ed and Dave also discuss:

  • The SEMA (Specialty Equipment Market Association) Convention
  • Protecting manufacturers
  • Provisional patents
  • Potential investors
  • Trade secret protection
  • Foreign IP protection
  • Descriptive trademarks
  • Enforcing & policing marks
  • Registering copyrights
  • Statutory damages
  • Copyright myths
  • Additional insureds
  • The schedule of assets

An intellectual property attorney, Eric Hancom is actively involved in overseeing litigation, contract negotiation and customs issues in the U.S., Asia, Europe, South American and Australia over matters ranging from patent and trademark infringement to breach of contract. Edward W. Burns has extensive litigation experience in State and Federal Court and assists clients in protecting corporate intellectual property, including infringement litigation. David Branfman focuses on intellectual property and entertainment law, including trademarks, copyrights, trade secrets, licensing, motion pictures & TV and music.

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 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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CA CLE: New Ethics Rules Coming to California

Yes, this time it will really happen.  Over a decade in the works, California is very close to finalizing a new set of ethics rules. The latest three-year rules revision effort is nearly complete and the new Rules of Professional Conduct will soon become a reality for all attorneys in California.  The last step is for the Supreme Court approve the new revisions.

California Ethics Rules Revision

What can you expect – drastic change or much ado about nothing?

To learn more about how you will be impacted by the new California ethics rules join trial attorney and ethics expert Ed McIntyre as he discusses the possible revisions. Ed mainly addresses how the new rules will vary from exiting California ethics rules and he also compares the new proposed rules to the ABA Model Rules of Professional Conduct. To access the course please click here: A Sneak Peek at the Possible New Rules of Professional Conduct.

The following rules are addressed:

  • Confidentiality
  • Diligence
  • Conflicts of interests
  • Duties to former clients
  • Safekeeping of client property
  • Delay of litigation
  • Fairness to opposing counsel
  • Lawyer as a witness
  • Candor to the tribunal
  • Truthfulness in statements to others
  • Communications with unrepresented persons
  • Inadvertent production
  • Duties of supervising attorneys

Edward J. McIntyre practices complex business litigation in federal and state courts. A veteran trial attorney, he is also an expert on the topic of professional responsibility.  He now advises and represents attorneys on issues of professional responsibility, risk mitigation and professional negligence.

This CLE course is only offered in:

  • California (CA)

Attorney Credits offers CLE for attorneys in California. For more information about CLE in California please click the following link: CA CLE.

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New CLE Course: Cell Phones, CDR Reports & GPS Tracking for Attorneys

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In 1984, the dystopian novel by George Orwell, due to constant surveillance Big Brother knew your every move. In our new digital world, your cell phone might as well be Big Brother – it knows everything you do! Because cell phones now track your every movement, cell phone forensics and cellular data analysis is now widely used in criminal and civil cases to place a person at a particular location based on the data produced by the cell phone.

Both civil and criminal must now be knowledgeable about cell phone data in order to effectively represent and advise their clients.

In this CLE course Robert Aguero, a cell phone forensics examiner, discusses how you can utilize data from cell phones and cell towers in your cases. Robert will address how CDR (Call Detail Reports) are used to track suspects, analyze several CDR reports, show you how to properly read and interpret CDR data & mistakes made by law enforcement in reading the data, discuss how phones can be tracked through the CDR report and detail how accurate or inaccurate that data can be. To access the course please click here: The Phone Knows All: Cell Phones, CDR Reports & GPS Tracking for Attorneys.

Additional topics discussed:

  • How cell phone calls are made
  • MVNOs
  • What cell towers look like
  • The information that is available
  • Using your CDR data
  • Data & mobility usage
  • LTE data

Robert has been licensed as a private investigator in the State of California for 17 years. A former police officer and detective, he provides an unbiased, independent analysis of the data on cell phones and GPS units.

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 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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Preventing Legal Malpractice: 60 Tips in 60 Minutes

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Take cases outside of your main practice area. Forget to calendar key dates. Co-mingle client and firm funds. And whatever you don’t, don’t call or email your clients to keep them informed about their cases. This is a blueprint of how NOT to practice law – or what to do if you want to be disbarred or end up on the wrong side of malpractice lawsuit.

Ethics violations and legal malpractice lawsuits have skyrocketed the last few decades.

Law firms and attorneys must recognize and evaluate their legal risk to avoid damaging ethical violations and costly malpractice lawsuits. In this fast paced CLE course, William T. McCaffery provides 60 tips in 60 minutes to educate you on how to recognize key ethical violations so you can sleep good at night and avoid the nightmare of getting sued. A few of the key areas Mr. McCaffery discusses include being competent, avoiding problem clients, conflicts of interest, establishing the attorney-client relationship, client billing and supervising other attorneys & support staff.

This CLE course will teach you about:

  • Your increasing exposure to legal malpractice claims
  • The top activities that lead to malpractice claims
  • Easy ways to reduce exposure to potential lawsuits

William T. McCaffery focuses on legal malpractice defense, professional liability, commercial litigation and general liability defense. Among other areas of professional liability and defense litigation, he represents attorneys and law firms that have been sued for legal malpractice in cases ranging from real estate and personal injury matters to complex business transactions and commercial 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)
  • 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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