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Course1

37th Annual Advanced Bankruptcy Seminar Day One

$175.00
  • Author/Instructor:  Charles Greenough and Brandon Bickle

          37th Annual Advanced Bankruptcy Seminar Day One Oklahoma Bar Center, Oklahoma City, OK  Program Planner:  Charles Greenough, McAfee and Taft                 8:30 a.m. Registration & Continental Breakfast   9:00 to 9:50 a.m. Penn Square at 40 - Remembering the Good Old Days! Burns Hargis; Blaine Schwabe; Patrick J. Malloy III   10:00 to 10:50 a.m. Wait, Wait, Don't Disbar Me! Mark Craige; Judge Terry Michael; Judge Sarah Hall; Judge Janice Loyd; Judge Paul Thomas   11:00 to 11:50 a.m. Resolving Mass Torts in Bankruptcy Professor Ralph Brubaker, University of Illinois   11:50 a.m. to 12:30 p.m. Network Lunch (Included in the Registration)   12:30 to 1:20 p.m. Chapter 11 Survivors - Tales from General Counsels James Webb; Al Givray; Sharolyn Whiting-Ralson   1:30 to 2:20 p.m. Cannabis Receiverships Andy Turner; David Rhoades; John Hickey; Felina Rivera   2:30 to 3:20 p.m. Judge Panel Judge Terry Michael; Judge Sarah Hall; Judge Janice Loyd; Judge Paul Thomas   3:20 p.m. Adjourn     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 380
    Min.
  • 12/15/22
    Presented
  • DETAILS
Course1

37th Annual Advanced Bankruptcy Seminar Day Two

$175.00
  • Author/Instructor:  Charles Greenough and Brandon Bickle

          37th Annual Advanced Bankruptcy Seminar Day Two Oklahoma Bar Center, Oklahoma City, OK Program Planner:  Charles Greenough, McAfee and Taft               9:00 to 9:50 a.m. Real World Sub-Chapter 5 Steve Moriarity; Clay Ketter; Ron Brown; Gary Hammond   10:00 to 10:50 a.m. Student Loan Discharge Issues Austin Smith   11:00 to 11:50 a.m. Fraud and Forensic Examinations Leah Weitholter   11:50 a.m. to 12:30 p.m. Network Lunch (Included in the Registration)   12:30 to 1:20 p.m. Consumer Fraud Panel Rodney Hunsinger; Michael Avery; Luke Wallace   1:30 to 2:20 p.m. Advanced Account Receivable Sales Professor Kara Bruce, University of Oklahoma   2:30 to 3:20 p.m. Annual Case Update - Still the Sid and Sam Show Brandon Bickle; Chuck Greenough   3:20 p.m. Adjourn     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 380
    Min.
  • 12/16/22
    Presented
  • DETAILS
Course1

Drafting Indemnity Agreements in Business and Commercial Transactions

$85.00
  • Author/Instructor:  Joel R. Buckberg, William J. Kelly, III

Indemnity agreements are central to the risk allocation and limitation of liability system built into most transactionalarrangements. The indemnitor agrees to indemnify the indemnitee on the occurrence of certain events. The scope of liability in these agreements is very carefully defined, often including actual costs but excluding consequential damages or any damages arising from third-party claims. All of the pieces of the indemnity puzzle – scope, measure of damages, exclusions and procedures for cost recovery – must be very carefully considered, negotiated and drafted. This program will provide you with a practical guide to drafting key provisions of indemnity agreements in transactional agreements.    Scope of indemnity – indemnity v. hold harmless, damages v. liabilities, direct v. third-party claims Types of losses subject to indemnity – breaches of reps and warranties, covenants, losses, specific circumstances Determining recoverable damages and costs, including attorneys’ fees Implied or equitable indemnity – and use of disclaimers to limit liability Difference between the duty to defend v. indemnification  Procedure for claiming and obtaining indemnification reimbursements   Speakers: Joel R. Buckberg is a shareholder in the Nashville office of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. and chair of the firm’s commercial transactions and business consulting group. He has more than 45 years’ experience structuring and drafting commercial, corporate and business transactions.  He also counsels clients on strategic planning, financing, mergers and acquisitions, system policy and practice development, regulatory compliance and contract system drafting. Prior to joining Baker Donelson, he was executive vice president and deputy general counsel of Cendant Corporation.  Mr. Buckberg received his B.S. form Union College, his M.B.A. from Vanderbilt University, and his J.D. from Vanderbilt University School of Law. William J. Kelly, III is a founding member of Kelly Law Partners, LLC, and has more than 30 years’ experience in the areas of employment and commercial litigation.  In the area of employment law, he litigates trade secret, non-compete, infringement and discrimination claims in federal and state courts nationwide and has advised Fortune 50 companies on workplace policies and practices.  In the area of commercial litigation, his experience includes class action litigation, breach of contract and indemnity, mass-claim complex insurance litigation, construction litigation and trade secrets.  Earlier in career, he founded 15 Minutes Music, an independent music production company.  Mr. Kelly earned his B.A. from Tulane University and his J.D. from St. Louis University School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • Webcast
    Format
  • 60
    Min.
  • 12/21/22
    Presented
  • DETAILS
Course1

Ethics of Beginning and Ending Client Relationships

$85.00
  • Author/Instructor:  Elizabeth Treubert Simon

Substantial ethics issues flow from the moment an attorney-client relationship is formed, whether it is formed intentionally or through inadvertence.  Determining when a relationship commences and the scope of the representation has dramatic implications for issues related to confidentiality, conflicts of interest, the attorney-client privilege and more. Ending an engagement is nearly as complicated. When are you allowed to end an engagement?  And how must you go about it without prejudicing a client’s interest in a transaction or in litigation? This program will you provide a real-world guide the ethical issues of beginning and ending an attorney client relationship.   Determining when and how a relationship starts – including through inadvertence Email and technology issues – how unsolicited communications may trigger ethical obligations Joint representation issues – unsorting the confidentiality and privilege issues End a relationship – when are you allowed to end an engagement?  How do you do it ethically? Circumstances when you might be required to end a relationship   Speaker: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, her practice focused on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Rules of Professional Conduct Rules Review Committee.  She is the immediate past chair of the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • Webcast
    Format
  • 60
    Min.
  • 12/8/22
    Presented
  • DETAILS
Course1

GALPS 2022 CLE Conference

$175.00**
  • Author/Instructor:  Tracy E. Neel

GALPS 2022 CLE Conference Program Planner:  Tracy E. Neel Co-sponsored With:  Government and Admistrtative Law Section   9:00 a.m. Registration & Continental Breakfast 9:30 am Tribal and OBA Ethics Preston Draper 10:20 a.m. Break 10:30 a.m. Enforcement of Laws by Agency Panel Discussion led by Teena Gunter 11:20 a.m. Break 11:30 a.m. Employment law and the FLSA Ronald Baze, Oklahoma Department of Human Services 12:20 p.m. Networking Lunch (provided with registration) 1:20 p.m. Ethics for State Attorneys Sean McFarland, Oklahoma Department of Human Services 2:10 p.m. Break 2:20 p.m. Cybersecurity 2022 Susan Wilson 3:10 p.m. Break 3:20 p.m. Open Records Act Thomas Schnieder, Oklahoma Attorney General's Office 4:10 p.m. Adjourn - Cocktail Hour

  • Webcast
    Format
  • 340
    Min.
  • 12/9/22
    Presented
  • DETAILS
Course1

Guarantees in Real Estate Transactions

$85.00
  • Author/Instructor:  John S. Hollyfield

Guarantees undergird most real estate transactions.  Lenders, investors and others are often unwilling or unable to finance or otherwise support a real estate transaction without certain substantial guarantees.  These guarantees may concern repayment of loan proceeds or performance of other services – construction, maintenance and waste prevention, environmental indemnity, etc.  The scope of guarantees is highly negotiated, particularly whether the guarantee is recourse or non-recourse and the scope of carve-outs from the guarantees. This program will provide you with a practical guide to negotiating and drafting guarantees in real estate transactions.    Types of guarantees – payment, performance, collection, completion Essential elements of a guarantee – consideration, scope, carve-outs, waivers Guarantees for property maintenance/no waste, environmental indemnity and other non-financial concerns Carve-outs – full v. partial, fraud, misappropriation, misapplication, failure to maintain, insurance, and more Guarantees of construction loans   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • Webcast
    Format
  • 60
    Min.
  • 12/20/22
    Presented
  • DETAILS
Course1

Letters of Intent in Business Transactions

$85.00
  • Author/Instructor:  Stephanie Molyneaux

Letters of intent frame the material terms of business and commercial transactions.  They outline with considerable detail the substantive terms of the underlying agreement – price, reps and warranties, closing conditions, etc. They also provide a process by which a definitive underlying agreement will be finalized. But they are not, generally, intended to be definitive agreements themselves; not enforceable, only a substantial starting point. There is, however, a certain point at which the detail in these letters becomes so extensive that they become enforceable.  This program will provide you with a practical guide to the most important substantive and process aspects of letters of intent, their uses and traps, including unexpected enforceability.   Drafting effective letters of intent in transactions Purposes of letters, timing, relationship to diligence, exclusivity Substantive  terms v. process terms Indemnity, hold back and limitation of liability provisions Termination of a letter and survival of certain provisions Understanding the point at which letters of intent may become enforceable   Speaker: Stephanie Molyneaux is an attorney in the Washington, D.C. office of Venable, LLP, where she assists clients with a wide variety of transactional matters.  Her experience includes mergers and acquisitions, corporate governance, contractual agreements, technology transactions, licensing, and intellectual property transactions.  Ms. Molyneaux received her B.A., with distinction, from American University of Beirut and her J.D., magna cum laude, from the University of Richmond School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • Webcast
    Format
  • 60
    Min.
  • 12/13/22
    Presented
  • DETAILS
Course1

LIVE REPLAY - Contract Drafting Basics: Tips and Techniques for Better Contracts

$150.00
  • Author/Instructor:  lenne Espenschied

Contract Drafting Basics:  Tips and Techniques for Better Contracts    Good writing does not necessarily equate to good contract drafting; the objectives are different, so your strategy should be too. In this fast-paced three-hour program, learn important contract drafting essentials you will apply throughout your entire practice. From choosing the right contract format to drafting payment terms and boilerplate, to understanding how and why it's important to standardize the language used for specific consequences, contracts expert Lenné Espenschied shares tips and techniques to help you avoid critical errors, improve the quality of your work, and draft with more confidence. Session highlights: three types of contract formats seven essential parts of a contract red, yellow, and green: words to avoid, words to limit, and words to prefer five things you should know about drafting payment terms strategies for drafting boilerplate how to standardize the language   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 180
    Min.
  • 12/30/22
    Presented
  • DETAILS
Course1

LIVE REPLAY - How to Draft a Rock Solid Indemnification Agreement

$50.00
  • Author/Instructor:  lenne Espenschied

How to Draft a Rock Solid Indemnification Agreement   Indemnification is one of the key mechanisms for shifting risk under a contract.  In this program, we will describe six different types of indemnification and show you how to break the basic indemnification provision into seven negotiable components.  We'll demonstrate alternatives for each of these negotiable components to show you how to manipulate the language to obtain the best results for your client.  We’ll also discuss the use and suitability of first-party indemnification provisions.  Learn to negotiate like a pro in complicated transactions, even in low leverage situations.      Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 12/29/22
    Presented
  • DETAILS
Course1

LIVE REPLAY - Wellness Wednesday - Ethics and Addiction

$24.00
  • Author/Instructor:  Richard Stevens

  Wellness Wednesday - Ethics and Addiction   A survey of disciplinary cases involving substance abuse and mental health issues.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 32
    Min.
  • 12/21/22
    Presented
  • DETAILS
Course1

LIVE REPLAY: A Comedic De-Briefing of the Law: 2022-2023

$300.00**
  • Author/Instructor:  Joel L. Oster, Comedian of Law, LLC

A Comedic De-Briefing of the Law: 2022-2023 A Comedic Review of the Supreme Court, Legal Ethics, & Headline Cases   Course Description:   This class is a comprehensive de-briefing of the law. Starting with ethics, we review the crazy predicaments some ethically-challenged attorneys have found themselves. You will have to decide based on the severity of the facts and the relevant model rule, would you take a deal for that violation. While Hollywood might not be setting the finest examples when it comes to actual morals and ethics, they do a good job of exhibiting legal ethics. We will explore the Model Rules through the eyes of Hollywood. From Hollywood, it’s not a long journey to our legal rock stars – the Nine! The Supreme Court, aka, the Real League of Justice, has been busy exerting their super hero legal powers. We will review recent landmark Supreme Court case. For example, Masterpiece Cakeshop and stale while wedding cake: discrimination or a valid excuse to skip your cousin’s wedding? Finally, we will take a countdown of the Top 10 Wacky cases.  You might be surprised what you will learn about legal strategy from these headline cases.   Agenda: 8:00am–10:00am – Deal or No Deal: Ethics on Trial (Ethics) In this section, we will review the Model Rules of Professional Conduct by seeing how they were applied in various recent attorney discipline cases. We will include the following model rules and cases: ·      Review of Model Rules 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.15, 3.3, 3.5, 3.6, 4.1, 7.1, 7.3, 8.3, 8.4 ·      In re Prewitt (mixing romance with business) ·      Alex Jones’ texting case (Lawyer accidently sent thousands of privileged texst messages to opposing counsel in Alex Jones defamation case. ·      In re: Chung (lawyer disciplined for creating fake news, then citing to it in court) ·      In re: Gundy (judge sanctioned for continually showing up to work late) ·      In re: Kolb (lawyer disciplined for making demand for future pain and suffering on behalf of client who died 9 months ago) ·      In re: Hegg (attorney not reinstated after murder for hire scheme) ·      In re: Jackson (attorney disciplined for tweeting confidential information) ·      In re: Elstein (lawyer disciplined for staging fake depositions) ·      In re: Lynum (attorney disciplined for disparaging judge on social media) ·      In re: Sablone (attorney disciplined for double-billing) ·      In re: Thollander (attorney disciplined for saying “gadzooks” in open court) ·      In re: Calpin (lawyer disciplined for posting negative review of client on Yelp) ·      In re Felix Anthony Dejean IV, case no. 16-DB-069 (chest bumping opposing counsel) ·      In re: Michael Peterson (attorney accused of forging judges signature on order) ·      Jackson v. Bank of America, case no. 16-16685 (11th Cir.) (very, very lengthy complaint) ·      In re: Howard Shipley, case no. 14D2827 (U.S. Supreme Court) ·      In re: Brett Klein (Judge who ordered attorneys be paid in $10 coupons to a woman’s store). ·      In re: M. Scott Vayer, 2018 NY Slip Op 02283, 160 AD3d 232 (Attorney suspended 7 years ago forgot and was suspended again for practicing law) ·      In re: Jamie Casino (review of attorney ads and Rule 7.1) ·      Pi-Net International Inc. v. JPMorgan Chase (Attorney filed brief in excess of 14,000 words by deleting spaces). ·      Board of Professional Responsibility of the Supreme Court of Tennessee v. Larry Edward Parrish, (Attorney suspended 6 months for saying judge took bribes) ·      Law Society of Ontario v. Goldfinger, (attorney advertised that he had the Midas touch). ·      In re Hartke, case no. 15-BG-984 (2016) (Attorney suspended 6 months for sleeping during CLE class) ·      In re: Pearson, case no. 15-BD-031 (Attorney sued dry cleaner 67 million for lost pants) ·      In re: Steele, case no. 49S00-1509-DI-527 (Indiana Supreme Court, 2015) (Gave away $150,000 retainer as spot bonuses to employees). ·      In re: Kurzman (case no. A14-1416) (Insinuated witness molested boys) ·      In re: Quitschau, case no. 2017PR00084 (Attorney created fake dating profile for opposing counsel) ·      In re: Salvador Perricone, case no. 17-DB-016 (Louisiana) (Recommended disbarment for blog posts by prosecutor). ·      In re Adams, case no. 2017AP1240 (Wisconsin) (Blogging rules to scare you) ·      In re Gross, case no. 18-72-A1 (Interim suspension for attorney who gambles away money for marijuana business) ·      In re Benbow, (attorney and client caught in a sex act on videotape at courtroom) ·      In re Gaubert, case no. 17-DB-041 (Taxi sex leads to discipline) ·      In re: John Murphy (judge disciplined for erratic behavior in court, including inviting defense counsel to back hallway for a fight) ·      In re: Anthony Baker (lawyer sanctioned for throwing a tantrum in court) ·      In re: Adams and Bell (judges disciplined for drunken excursion to strip club and White Castle during judicial conference) ·      In re: Harrod III (attorney disbarred for faking signatures on a will and lying about it during probate proceedings) ·      In re: Sutton (attorney disciplined for calling the judge a cockroach and submitting false billing) ·      In re: Avenatti (attorney discripline in extortion case) ·      In re: Cohen (attorney discipline in perjury case) ·      In re: Thomas Cope (attorney faced ethics probe for shooing racoon off of boat) ·      In re: Diaco (Lawyers disbarred for concocting litigation strategy to get opposing counsel drunk and busted for a DUI)     10:00am–10:10am – Break   10:10am–12:10pm – Hollywood Professionalism (Professionalism and Ethics) In this section, we review the Model Rules of Professional Responsibility as those rules are depicted in popular movies. We also analyze the difference between professionalism and ethics, encouraging attorneys to view their career as a professional calling. During this class, we will review the following Model Rules: ·      To Kill a Mockingbird (Model Rule 2.1 – Advisor) ·      12 Angry Men (Model Rule 3.5 – Impartiality and Decorum of the Tribunal) ·      My Cousin Vinny (Model Rule 1.1 – Competence) ·      Anatomy of a Murder (Model Rule 3.3 – Candor towards the Tribunal) ·      Witness for the Prosecution (Model Rule 3.8 – Special Responsibilities of a Prosecutor) ·      Philadelphia (Model Rule 3.4 – Fairness to Opposing Counsel) ·      Presumed Innocent (Model Rule 8.4 – Misconduct) ·      And Justice for All (Model Rule 1.2 – Scope of Representation) ·      As time allows, we will also cover situations depicted in Better Call Saul, L.A. Law, Suits, Boston Legal, The Good Wife, The Practice, How to Get Away with Murder, Night Cour and Trial and Error.   12:10pm– 12:30pm– Lunch   12:30pm– 2:30pm– Supreme Court Review The Supreme Court has been extremely busy of late. Love them or hate them, we must learn from them. During this session, we review the recent Supreme Court decisions and how those holdings will impact future cases. ·      Dobbs v. Jackson, o   Right to privacy v. Right to life ·      NY State Rifle Assoc. v Bruen o   2nd Amendment and self defense ·      Iancu v. Brunetti o   Copyright, the F bomb, and viewpoint discrimination ·      Van Buren v. United States, o   Computer Fraud and Abuse Act ·      California v. Texas, o   Standing to challenge ACA ·      Fulton v. City of Philadelphia o   Free exercise clause and non-discrimination provisions ·      Ramirez v. Collier, o   Free Exercise Clause and Prisoner’s rights ·      Mahanoy Area School District v. B.L. o   Free speech rights in public schools v. School’s right to discipline ·      Cedar Point Nursery v. Hassid o   Fifth Amendment applied to unions ·      Lange v. California o   Fourth Amendment and homes ·      Collins v. Yellen, o   Presidential powers v. Congressional powers ·      NCAA v. Alston o   Anti-trust and amateurism rules ·      Mitchell v. Wisconsin o   4th Amendment and unconscious consent ·      Clayton v. Bostock County o   Title VII and sex discrimination o   Masterpiece Cakeshop v. Colorado Civil Rights Commission ·      2022-2023 term – cases to watch   2:30pm – 2:40pm – Break   2:40pm – 4:40pm – Top 10 Wacky Cases During this session, attorneys will learn how to litigate headline cases and the trial strategies that won the day … and lost the day. We will cover the following cases: ·      Johnny Depp v. Amber Heard (Defamation) ·      State v. Elizabeth Holmes (Fraud and SEC violations) ·      Novak v. City of Parma, Ohio (person arrested for operating a parody site of police department) ·      State v. Lawrence – restitution for smuggling gold nuggets in his rectum ·      Ohio v. Bryant (whether defendant’s foul-mouth outburst justified increase in prison sentence) ·      Chaturvedi v. City of Moradabad (a 22 year old lawsuit over 25 cents) ·      State v. Brophy (“How to Murder Your Husband” author found guilty of murdering husband) ·      In re: Brittney Spears (attorney ethics meets celebrity law) ·      State v. Brittney Griner (navigating forgeign law and policy) ·      22 Masseuses v. Deshaun Watson ·      United States v. Chris Collins – dumbest insider trading case in history! ·      Fen-phen litigation – using settlement proceeds to purchase a race horse ·      Bollea v. Gawker – Right to privacy of private parts ·      Deflategate – the Federal Arbitration Act and Arbitrator’s award ·      Phil Mickelson v. PGA (anti-trust and golf) ·      State v. Kyle Rittenhouse (self-defense is an offense?) ·      John Gruden v. NFL (defamation lawsuits and tortious interference with contract) ·      Sugawara v. Pepsico, case no. 2:08-CV-01335 (lawsuit against crunch-berries because no actual berries) ·      United States v. Bishop, (Continuance sought based on eclipse) ·      In re: Subway Footlong Sandwich Marketing and Sales Practices Litigation, case no. 16-1652 (7th Cir.) (Class action settlement rejected because clients received nothing of value).   4:40pm – Adjourn   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.    About the Presenter: Joel Oster, Esq., Joel is a seasoned litigator and regular speaker to attorneys and non-attorneys alike.  He currently is in private practice in Kansas City, specializing in constitutional litigation, campaign finance, sports law and appellate advocacy.  He previously served as senior counsel with Alliance Defending Freedom at its Kansas City Regional Service Center. While at ADF, he was counsel for the Town of Greece, New York in the landmark case Galloway v. Greece.  Joel argued the case before the United States District Court for the Western District of New York and the Second Circuit, and was part of the legal team presenting the case to the U.S. Supreme Court where they successfully defended the Town against a challenge to its practice of opening its sessions with an invocation. Oster regularly litigates First Amendment issues.  As lead counsel in Freedom from Religion Foundation v. Obama, Oster skillfully defended the constitutionality of the National Day of Prayer against an Establishment Clause challenge. Before the U.S. Court of Appeals for the 8th Circuit, he successfully defended the right of an organization to have a pro-life specialty license plate in Missouri in Roach v. Stouffer. In Wigg v. Sioux Falls School District, he successful represented an elementary school teacher in obtaining equal access to school facilities after contract time after she was denied that right based on the viewpoint of her speech.  In addition, Oster has defended various churches based on the Religious Land Use and Institutionalized Persons Act, against discriminatory zoning codes and regulations.  Oster also has defended various individuals, corporations, and political committees against discriminatory and unconstitutional campaign finance regulations.  Joel has also spoken to thousands of attorneys across the United States and has learned from their successful and unsuccessful legal practices.  Joel brings this practical perspective to all his seminars. Oster earned his J.D. in 1997 from the University of Kansas School of Law.  Oster is admitted to the bar in Kansas, Missouri, Florida, and numerous federal courts. Joel is a seasoned litigator and regular speaker to attorneys and non-attorneys alike.  He currently is in private practice in Kansas City, specializing in constitutional litigation, campaign finance, sports law and appellate advocacy.

  • Webcast
    Format
  • 520
    Min.
  • 12/8/22
    Presented
  • DETAILS
Course1

LIVE REPLAY: Ethics and Virtual Law Offices

$85.00
  • Author/Instructor:  H. Michael Drumm, Thomas E. Spahn

Technology allows lawyers far more flexibility to practice law virtually – from home or in shared settings – than ever before.  No longer must they maintain freestanding offices, support staff, and libraries. Lawyers can set-up offices in their homes, communicate with clients, adversaries and the courts electronically, outsource overflow work to co-counsel or vendors, and establish web sites that can reach potential clients. These “virtual” practices are increasingly commonplace, but the relative ease with which they are established obscures many significant ethical issues. This program will provide you with a practical guide to significant issues when lawyers and law firms establish “virtual” law practices.   Disclosure to clients of the virtual character of a law practice Electronic communications, confidentiality, and ethical risks in virtual practices Ethical issues when lawyers share office space or other resources but practice separately How Web sites and a “virtual” presence implicate multijurisdictional practice issues Outsourcing work to vendors or co-counsel, and ensuring its competently performed Requirements and risks when offering legal advice across state lines Duty to understand law office technology as a duty of competence   Speakers: H. Michael Drumm is the founder and member of Drumm Law, LLC in Denver, Colorado, where he has an extensive franchise, trademark and business transactional practice.  He works with franchisors across industries nationwide helping them draft, file and renew their franchise Disclosure Documents and franchise agreements.  He has a specialty representing craft breweries to help them trademark their brands and protect their intellectual property. He has been repeatedly honored by Franchise Times magazine as a “Legal Eagle” and has been designated by the International Franchise Association as a “Certified Franchise Executive.”  Mr. Drumm received his BSBA from the University of Missouri-Columbia and his J.D. from the University of Texas School of Law. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • Webcast
    Format
  • 60
    Min.
  • 12/27/22
    Presented
  • DETAILS
Course1

LIVE REPLAY: Lawyer Ethics and Email

$85.00
  • Author/Instructor:  Thomas E. Spahn

Email has become essential to law practice.  Communications with clients and colleagues is practically impossible – and absolutely inefficient – without email.  But the ubiquity of email may obscure many important ethical issues that arise when it is used in law practice, including issues related to confidentiality, metadata, and the attorney-client privilege. These and other substantial ethical questions will be discussed in this practical guide to the ethical issues when lawyers use email in their practices.   Beginning an attorney relationship via email – intentionally and inadvertently Security and confidentiality when email is exchanged in the Cloud Inadvertently sent email and metadata embedded in email Discarding/deleting email and working with outside vendors Ex parte communications with represented adversaries Attorney-client privilege issues   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750-page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • Webcast
    Format
  • 60
    Min.
  • 12/28/22
    Presented
  • DETAILS
Course1

LIVE REPLAY: My Client's Commercial Real Estate Mortgage is Due, Now What?

$85.00
  • Author/Instructor:  Anthony Licata

When a commercial real estate loan comes due, there are, generally, three alternatives for clients: refinance the loan, if possible; sell the property, if possible; or restructure the development’s capital structure, perhaps with more equity. There are complex tradeoffs with each.  Renegotiating an extending a loan is time-consuming, even when lenders are willing, and potentially very costly. Selling a project in a frothy market is a possibility, but not universally, and may trigger adverse tax consequences. Most murky of all is restructuring the capital structure of project. This program will provide you with a practical guide to the issues of working with clients when their commercial real estate loans come due.   Alternatives when a commercial real estate mortgage comes due Exploration of refinance options in an environment ofvolatile interest rates Role of preferred equity, mezzanine loans, and second mortgages Alternative of selling into a strong market Counseling clients about refinance in a time of certainty   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • Webcast
    Format
  • 60
    Min.
  • 12/23/22
    Presented
  • DETAILS
Course1

LIVE REPLAY: Survey Says: The Top 5 Drafting Errors that Caused Contract Litigation in 2021

$99.00
  • Author/Instructor:  Lenne' Espenschied

Survey Says: The Top 5 Drafting Errors that Caused Contract Litigation in 2021   Join Lenne for a review of 100 cases from 2021 federal and state court opinions where the court said “yep, this is ambiguous” to determine 1) what kinds of contracts; 2) what types of provisions; and 3) what types of drafting errors are most likely to cause litigation.     Speaker: LENNE ESPENSCHIED Lawyer, Author, National Speaker and Professor Lenné Eidson Espenschied has earned her status as one of the two most popular contract drafting speakers in the U.S. by continually striving for excellence and providing innovative, practical skills-based training for transactional lawyers. She practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed. 2019) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at the firm now known as Eversheds Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 119
    Min.
  • 12/27/22
    Presented
  • DETAILS
Course1

Mastering Advanced Legal Research Techniques in Fastcase

FREE
  • Author/Instructor:  Alex Shaffer

Mastering Advanced Legal Research Techniques in Fastcase   Description:  Learn how to optimize client outcomes by improving the one skill that is imperative to all practice areas— efficient legal research. This presentation details how researchers can evade common research pitfalls and employ strategies to consistently retrieve strong results. Fastcase is used to demonstrate but these core principles apply to all varieties of online legal research. Over the course of fifty minutes, attendees will learn how to save countless more by minimize irrelevant results in their future research. Note: Those who have not taken the class Legal Research Using Fastcase for Oklahoma Lawyers offered earlier in 2022 are encouraged to take it on-demand prior to attending this class. It is also free and includes one hour of MCLE credit.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 12/13/22
    Presented
  • DETAILS
Course1

Piercing the Entity Veil: Individual Liability for Business Acts

$85.00
  • Author/Instructor:  Allen Sparkman

One of the bedrock principles of business law is limited liability. The individual owners of an entity – shareholders of a corporation or members of a limited liability company – cannot be held personally liable for the debts or liabilities of the entity.  But the doctrine is not absolute.  There are many common law fact patterns that allow courts to pierce the entity veil – co-mingling of funds, using an entity as an alter ego, among others – and reach an individual person’s assets. There are also several sources of statutory authority allowing veil piercing. This program will provide you with a practical guide to common law, equitable, and statutory theories of piercing entity veils.   Statutory and equitable principles to pierce the entity veil Fact pattern justifying piercing limited liability to reach an owner’s personal assets Statutory sources permitting breaching the entity veil Application of veil piercing to non-corporate entities Liability for improper distributions Piercing for withheld income and employment taxes, and sales/use taxes   Speakers: Allen Sparkman is a partner in the Houston and Denver offices of Sparkman Foote, LLP.  He has practiced law for over forty years in the areas of estate, tax, business, insurance, asset protection, and charitable giving.  He has written and lectured extensively on choice-of-entity, charitable giving and estate planning topics.  He is the Colorado reporter for the books "State Limited Partnership Laws" and "State Limited Liability Company Laws," both published by Aspen Law & Business.  He has also served as president of the Rocky Mountain Estate Planning Council.  Mr. Sparkman received his A.B. with honors from Princeton University and his J.D. with high honors from the University of Texas School of Law   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • Webcast
    Format
  • 60
    Min.
  • 12/12/22
    Presented
  • DETAILS
Course1

REPLAY: Diversity, Equity & Inclusion in Law Practice

$85.00
  • Author/Instructor:  Anthony Licata

This program will provide you with a practical guide to diversity, inclusion, and equity in law firms and in clients. The program will discuss the value of diversity and inclusion, including how it fosters collegiality, greater client value, and organizational and personal growth.  The panel will look at real world case studies of what types of diversity training work and help law firms – and also review those types of training that do not work. The program cover best practices not only for law firms but also for advising clients on developing diversity, inclusion, and equity training and practices.   Types of diversity – internal, external, organizational, and worldview Racial and ethnic, generational and age, gender, socio-economic diversity Training to raise awareness of unconscious bias v. promoting allyship and inclusivity What types of diversity training work – and what types do not work? Best practices in helping law firms and their clients grow in diversity, inclusion and equity   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • Webcast
    Format
  • 60
    Min.
  • 12/19/22
    Presented
  • DETAILS
Course1

Selection and Preparation of Expert Witnesses in Litigation

$85.00
  • Author/Instructor:  Shannon M. Bell

Experts play a vitally important role in civil litigation, whether they act as consulting experts or also as testifying experts.  The complexity of modern litigation has substantially increased the pressure on attorneys to carefully evaluate the suitability of experts for a particular case and prepare them for testimony. Approaching, evaluating and preparing witnesses, however, is as much an art as science or database search.  Furthermore, once an expert is selected, there are substantial risks surrounding discovery and preserving the attorney-client privilege.  This program will provide you with a practical guide to selecting and preparing experts in civil litigation.   How to find the right expert witness and common traps Evaluating the suitability of experts for your case Consulting v. testifying experts Approaching and retaining experts Preparing witnesses for testimony in a specific case Practical tips on the best/worst uses of particular types of expertise in litigation Discovery issues and preserving the attorney-client privilege   Speaker: Shannon M. Bell is a member with Kelly & Walker, LLC, where she litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues.  Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen.  She also represents clients in claims of shareholder and officer liability, piercing the corporate veil, and derivative actions.  She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics.  Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • Webcast
    Format
  • 60
    Min.
  • 12/9/22
    Presented
  • DETAILS
Course1

The Art and Science of Conditional Gifts in Estate Planning

$85.00
  • Author/Instructor:  Missia H. Vaselaney

In formulating their trust and estate plans, clients often want to set up benchmarks of achievement before distributions or gifts are made. These benchmarks often involve educational attainment – i.e., that a child obtain a college degree by a certain.  But they may involve more difficult to measure benchmarks or life goals that are arguably not appropriate – i.e., that a child marry or have children of their own by a certain age.  Conditional gifts can easily lead to resentments among beneficiaries, questionable enforceability, disputes, and fiduciary litigation.  This program will provide you with a practical guide to conditional gifting using incentive trusts and other mechanisms, and counseling clients about the real limits and risks of conditional gifting.   Conditional gifting using incentive trusts and other mechanisms Establishing objectively measurable conditions for gifts or distributions Types of conditions or benchmarks – education, life goals, etc. What’s enforceable, what’s not – counseling clients about limits Choosing the right fiduciaries to administer conditional gifts/incentive trusts   Speaker: Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.

  • Webcast
    Format
  • 60
    Min.
  • 12/16/22
    Presented
  • DETAILS
Course1

Trust Accounting Essentials

$125.00
  • Author/Instructor:  Gina Hendryx and Julie Bays

Trust Accounting Essentials   The need to handle with scrupulous care funds entrusted to a lawyer by a client or third person should be self-evident. Nonetheless, there are cases where practicing lawyers, either inadvertently or intentionally, mishandle trust funds, subjecting clients and third persons to the risk of economic hardship and undermining public confidence in the legal profession. The purpose of this is course is threefold: (1) to describe the rules for handling trust funds and property; (2) to discuss relatively recent changes to the handling of fees and trust transactions; and (3) to provide practical guidance on how to use both print and electronic tools to produce client and general ledgers and to perform proper three-way reconciliation of trust funds accounts.   1:30 p.m.        Rules for Handling Trust Funds and Property Gina Hendryx, OBA General Counsel   2:20  p.m.       Documenting Trust Transactions & Preparing Ledgers – In Print & Electronically (Scenario Completion) Julie Bays, OBA/MAP Practice Management Advisor    3:10 p.m.        Break   3:20 p.m.        Essential Features of Electronic Tools for Trust Fund Accounting Julie Bays, OBA/MAP Practice Management Advisor    4:10 p.m. Adjourn   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 160
    Min.
  • 12/20/22
    Presented
  • DETAILS