CLE Course on Securities Crowdfunding in the Age of Kickstarter

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Crowdfunding has been the buzzword in the start-up world for years. But for most entrepreneurs, crowdfunding was almost as mythological as the unicorn or sasquatch. While it was possible to fund a business or artistic venture through donations by attracting numerous potential investors, there was no real way to reach out to a wide audience. Then came Kickstarter, GoFundeMe, IndieGoGo and a slew of other crowdfunding websites.

Kickstarter alone has raised over $2 billion for over 250,00 creative business projects since its inception.

While crowdfunding has exploded with the growth of Kickstarter and GoFundMe, new rules that seek to protect small investors from unscrupulous operators may dampen crowdfunding by limiting fundraising & advertising while adding new disclosure burdens. In this CLE program, Crowdcheck CEO Sara Hanks explores the recent revisions to the crowdfunding laws and discusses the potential impacts on both companies and investors. Sara also provides numerous practical points for attorneys when counseling their clients on the positives and negatives of crowdfunding. To access this course please click here: Securities Crowdfunding in the Age of Kickstarter.

Among the key issues addressed:

  • Kickstarter & online funding portals
  • Title III of the JOBS Act
  • What’s changed
  • Investor limits
  • Exemptions
  • Safe harbors
  • 4(a)(6) intermediary requirements
  • Prohibitions on funding portals
  • Filing requirements & information
  • Financial disclosures
  • Publicity & advertising
  • Bad actor checks
  • Liability under 4(a)(6)
  • Resale restrictions on securities

Sara Hanks is the co-founder and CEO of CrowdCheck. With over 30 years of experience in the corporate and securities field, Sara brings a wealth of legal expertise in securities law and start-ups to the emerging marketplace for crowdfunding and online capital formation. Her position prior to founding CrowdCheck was General Counsel of the bipartisan Congressional Oversight Panel, the overseer of the Troubled Asset Relief Program (TARP), chaired by now-Senator Elizabeth Warren. CrowdCheck provides due diligence, disclosure and compliance services for online capital formation, helping investors get the information they need to avoid fraud and make informed investment decisions, and helping entrepreneurs and intermediaries avoid liability.

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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It’s Almost Time for the California MCLE Audits

Very soon the Cal Bar will send out 1,000’s of MCLE audit letters.  Attorneys in Group 1 needed to complete 25 total credit hours by 2/1/16.  There is a late reporting deadline of June 30 if you have not yet completed the requirement.

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If you get audited and you are an Attorney Credits customer, please contact us if and you need help sorting out your CA MCLE compliance.  You can access all of your certificates of completion under the My Certificates page.  The Cal Bar also has an MCLE Audit FAQ you can review for further information.

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CLE Course: Protecting Your Client’s Digital Assets

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People are increasingly living their lives online. Whether it’s through Facetime, gmail, Facebook, eBay, NetFlix… our lives become increasingly more digital everyday. But what happens to your client’s digital footprint – their digital estate – when they pass away? Your client’s digital assets must be accounted for and protected in their estate plan or their loved ones may simply lose access to sentimental and valuable digital assets.

Digital Assets

  • Do you know what accounts are valuable virtual assets?
  • Do you even know what a digital asset is?
  • What are your client’s wishes with their Facebook, PayPal or iTunes account when they pass away?
  • Have you preserved access to crucial email & social media communications?

Estate planning now goes way beyond protecting the house and family heirlooms – are you prepared to protect your client’s digital assets?

To learn more about how you can protect your clients in the digital age, join Rich Martin as he discusses the various types of digital assets and current & proposed legislation that is intended to help protect people’s digital assets and estates. The main topics discussed in this CLE course include the legal uncertainty around the possession & conveyance of digital assets, client recognition of digital assets, digital estate planning and staying compliant.  To access this CLE course please click here: Digital Asset Landscape: Preparation for Changes in Legislation.

Additional topics discussed in this CLE course:

  • The growth of the Internet & world wide web
  • The value of domain names
  • Categories of digital assets
  • Valuable online accounts
  • State & federal law
  • The Stored Communications Act (SCA)
  • The Computer Fraud and Abuse Act (CFAA)
  • United States v. Swartz
  • The Uniform Fiduciary Access to Digital Assets Act (UFADAA)
  • The Privacy Expectations Afterlife and Choices Act (PEAC)
  • Revised UFADDA
  • Creating a plan with the client
  • Sample language to include in wills & trusts
  • Additional legal issues
  • Clauses and estate planning documents

Richard Martin is the founder and CEO of Directives Online. Directives Online provides emergency access to advance directives, healthcare Power of Attorney, HIPPA forms, POLST orders and many more important documents and forms. During the past twenty-five years, Rich has earned promotions, honors, and awards for boosting profits, market share, and client satisfaction in the sales and marketing of technology and medical products.

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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DTI & Attorney Credits Featured Faculty Meet UP!!

Thank you to all the Featured Faculty that came to our first every meet up at the Yard House in San Diego last night! It was great to be able to get some of the top legal minds in our legal community in the same room together. Thank you to Alex Marjanovic of DTI who sponsored the event, there was definitely some lively conversation amongst our faculty members whose practice areas ranged from business law to managing high conflict personalities.

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While we strive to bring you reasonably priced CLE in an easily accessible online format, it is our presenters that really sets Attorney Credits apart from our competition. When I speak to our attorney clients, almost every conversation ends with high praise for our presenters and the practical content of our courses. Like you, many of our faculty members are in the trenches every day working hard to protect their clients and they enjoy sharing their wisdom and knowledge to make you a better legal practitioner.  Cheers to our Featured Faculty!!

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CLE Course on Attorney Workplace Investigations

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A thorough, effective and ethical internal investigation of an employee workplace complaint can help a company to avoid costly and protracted litigation, and form the foundation for a successful defense in the event that a lawsuit is eventually filed. Unfortunately, missteps are common in internal investigations and these mistakes can expose an employer to costly liability.

Workplace Investigations

Increasingly more employers are finding themselves facing the need to conduct internal workplace investigations as employee retaliation claims soar and the EEOC continues to focus on discrimination complaints.

In this CLE course, attorney & workplace investigator Amy Oppenheimer walks you through the best practices when conducting workplace investigations. She also focuses on how attorneys can recognize and avoid implicit bias and other biases when conducting workplace investigations. To access the course please click here: Attorneys Conducting Workplace Investigations.

Best practices and topics covered:

  • Reasons to conduct an internal investigation
  • The decision to conduct an investigation
  • The choice of investigators
  • Defining the scope of the investigation
  • Investigation planning
  • Communicating with representatives of the employer
  • Confidentiality & privacy
  • Evidence gathering & retention
  • Witness interviews
  • Investigation findings
  • Reports
  • Bias in the workplace
  • Bias in investigations
  • The impacts of investigations

Amy Oppenheimer is an attorney and retired Administrative Law Judge with over thirty years of experience in the field of employment law.[1] Ms. Oppenheimer has trained lawyers, human resource professionals, employees, and employers throughout the country in preventing and investigating workplace harassment, discrimination and retaliation, implicit bias and diversity in the workplace. She is the founder and president of the board of AWI (Association of Workplace Investigators, Inc.) and is an advisor to the executive committee of the labor and employment section of the California State Bar. She is a trial qualified expert on the issue of employment practices in preventing, responding to and investigating workplace harassment or 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)
  • 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.

[1] Emphasizing preventing and responding to workplace harassment and discrimination.

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Florida is a Self-Reporting CLE State

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Florida attorneys must report their completed CLE courses directly to the Florida Bar. CLE Providers cannot report for them. To self-report your FL CLE credit click this link: Report FL CLE.

Self-Reporting Florida CLE Hours 

In order to self-report the FL CLE courses that you complete, you will need the Florida Bar course number for course you wish to report. The Florida Bar CLE course numbers are listed on the Certificates of Completion once you complete a course.

Don’t risk becoming a delinquent attorney, get your Florida CLER completed and reported on time! Attorney Credits offers continuing legal education (CLE) in Florida and around the country. For more information about the continuing legal education requirement (CLER) in Florida, please click the following link: Florida CLE.

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Mandatory MCLE Reporting for California Providers on the Horizon

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California has always been a self-reporting MCLE state. This means that MCLE providers in California do not report any completed hours to the State Bar of California – and for that matter, neither do attorneys.

Under the current MCLE Rules, California attorneys are only required to report completion of their overall 25 hour MCLE requirement every three years.[1]

However, things may soon change. The State Bar of California has asked our company and selected other CA MCLE providers to take part in a pilot program. Under this trial program, we will be reporting each course that California attorneys complete directly to the State Bar of California. This will be done by the attorneys California bar number.

While California will remain a self-reporting state for the near future and providers are not currently required to report course attendance, mandatory MCLE provider reporting may be required as early as 2017.

Why this push for mandatory provider reporting?  Due to the high number of recent audits, the Cal Bar has had to expend thousands of hours to investigate these claims and render disciplinary action. And in fact, a number of lawyers have been disbarred for being dishonest about completing their CA MCLE requirements.[2]

Required CA MCLE

  •  Total hours
    • 25
  • At least
    • 12.5 participatory hours
    • 4 hours of legal ethics
    • 1 hour of elimination of bias
    • 1 hour of competence issues

A move to mandatory MCLE Provider reporting will streamline the California MCLE system. This will help California attorneys remain MCLE compliant because they will be able to check their completed CA CLE hours on their My State Bar Profile webpage. In addition, this will save the State Bar of California precious time and money because it will no longer be forced to conduct a staggering amount of MCLE audits.

[1] California attorneys may still report using the paper registration form sent to you every December OR may report online though the My State Bar Profile on the State Bar of California website.

[2]  Sometime next month close to 10,000 MCLE audit letters will to California attorneys with the last names A-G asking them to verify the completion of their required CA CLE. The increased audits over the last few years have proven one thing – there are either a lot of incompetent or dishonest attorneys out there. The State Bar of California has discovered that many California attorneys simply do not complete the required CA MCLE.

 

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CLE Course: Will Bias Cost You Your Next Case?

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The National Academy of Sciences recently reported that bias is a severe problem in forensic sciences. Cognitive biases were described as, “common features of decision making, and they cannot be willed away.” Is recognizing bias sufficient to address cognitive, motivational and other biases? What can a forensic expert do to avoid this bias trap? How can attorneys spot and address a forensic expert’s bias?

Mike Wakshull asks the tough question: will bias cost you your next case?

In this CLE course forensic document examiner Mike Wakshull mainly discusses the different types of bias, attorney & judge biases, bias in forensic sciences & expert witnesses, how bias leads to errors during trial and potential solutions for attorneys to overcome bias. After this course you will be able to recognize & reduce your biases, know how to counter the opposition’s biases, determine whether your forensic examiner’s report is biased, recognize the effects of bias on forensic examiners’ opinions and learn how biases impacts juries. To access the course click here: Will Bias Cost You Your Next Case.

Additional issues discussed in this CLE course:

  • Actual bias
  • Advocate’s bias
  • Implied bias
  • Judicial bias
  • Implicit bias
  • Motivational bias
  • Contextual bias
  • Anchoring
  • Confirmation bias
  • Juries & heuristics
  • Telling stories
  • Familiarity
  • Context
  • Human error
  • Expert methodology
  • How recognizing bias gives you a strategic advantage

Michael N. Wakshull, MS, CQE, PMP, CISA, is a forensic document examiner based in Southern California and he uses his science-based training to deliver uncompromising results for his attorney and private clients. He holds a graduate school certificate in forensic document examination from the School of Criminal Justice at East Tennessee State, the only program of its kind nationwide. Mike has been qualified as an expert witness in California Superior Courts and Federal District Court and he has been retained to work on cases in 15 states. Using a teaching approach, he has testified in cases involving will contests, contract disputes and many other causes of action. In many cases, when the opposition receives his report, the case settles, saving clients both time and money.

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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Does Attorney Credits Report My Completed MCLE Hours to the State Bar of Texas?

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Yes, Attorney Credits does report your completed courses to the State Bar of Texas. We report your completed Texas CLE courses to the State Bar of Texas every Monday. Please note that we report on Monday for all courses completed the previous week[1].

Texas – Self-Reporting State

However, since Texas is a self-reporting state you must verify that the State Bar of Texas received the reported CLE credit. Texas attorneys are ultimately responsible for ensuring that the correct hours are reported to the State Bar of Texas.

Therefore, if your deadline is Thursday and you finish your TX MCLE courses on Wednesday you must self-report the courses to the State Bar of Texas yourself, since the next time we report, your deadline will have passed. We are not responsible if your courses are submitted past your reporting deadline.[2]

[1] Courses completed between 12:00:01 AM on Monday to Sunday 12:59:59 PM.

[2] To self report your Texas MCLE hours please click this link:

https://www.texasbar.com/AM/Template.cfm?Section=MyPage&Template=/Security/Login.cfm

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Illinois Attorneys Last Name A-M: The IL MCLE Deadline is June 30

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The deadline to complete the Illinois MCLE requirement for many Illinois attorneys is June 30.[1] Please note that your Illinois CLE reporting period depends on the first letter of your last name as it appears on the master roll of attorneys with the ARDC. If your last name begins with A-M you must complete and report the required IL CLE hours by June 30.

IL CLE Reporting Group

  • Last Name A – M
    • Report in 2016
  • Last Name N – Z
    • Report in 2017

Illinois attorneys must complete a minimum of thirty (30) IL CLE credit hours every two years to complete the IL MCLE requirement, including 6 hours of Professional Responsibility. For more information about the IL CLE requirement and deadlines, please click the following link: IL CLE.

[1] Illinois attorneys must complete a minimum of thirty (30) IL CLE credit hours every two years in order to complete the IL MCLE requirement, including 6 hours of Professional Responsibility.

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