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Labour Law

Labour Law


LATEST ON INDEPENDENT CONTRACTOR MISCLASSIFICATION, THE: ENFORCEMENT PRIORITIES, TRENDS AND ISSUES


The U.S. Department of Labor, the Internal Revenue Service, and many state agencies have made the misclassification of workers as independent contractors, rather than employees, a key enforcement priority. The private bar has seized upon the issue as ripe for class action litigation, achieving multimillion dollar judgments, and settlements. The issue pits workers, who have a right to minimum wage, overtime, healthcare, and other benefits, against employers who find it difficult to harmonize the myriad of standards applied by different laws and agencies and in industries where contract labor is the norm.

Among the topics, our expert panel also discussed:

  • Federal and state government enforcement initiatives;
  • Private bar litigation trends;
  • Varied tests under federal and state laws and agencies;
  • Best practices for employers to avoid misclassification;
  • Responding to government investigations;
  • Cutting edge issues concerning damages;
  • Proposed legislation (Employee Misclassification Protection Act and the Fair Playing Field Act of 2010); and
  • Contingent workforce issues.

    Item no.: LN11200072
    Format: CD-ROM (Win)
    Duration: 90 minutes
    Copyright: 2011
    Price: USD 150.00

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    MOVIN' ON UP: HOW TO SUCCEED AS A DIVERSE ASSOCIATE AND YOUNG LAWYER


    Clients increasingly demand diversity within their own ranks and from their outside counsel. Diverse in-house counsel and outside attorneys, however, continue to be outnumbered by their majority counterparts. These numbers are even more pronounced in certain areas of legal practice like intellectual property, labor, tax, and real estate.

    This program will provide advice on:
  • how to become the "go to" lawyer;
  • finding mentors in your practice areas;
  • seeking out challenging assignments in these areas;
  • honing your business development skills as a young diverse attorney; and
  • how to seek in-house opportunities.

    Item no.: VF11200075
    Format: CD-ROM (Win)
    Duration: 90 minutes
    Copyright: 2011
    Price: USD 150.00

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    MUSLIM, ARAB, AND MIDDLE EASTERN DISCRIMINATION IN THE POST-9/11 ERA


    From the "post-9/11 backlash" cases documented by the Equal Employment Opportunity Commission to the recent controversy surrounding the so-called "Ground Zero Mosque," the country continues to grapple with questions about what constitutes prohibited bias against individuals who are, or are perceived to be, Muslim, Arab, or of Middle Eastern descent. Moreover, as our workforce continues to become more diverse, many employers now commonly receive religious accommodation requests from Muslim employees, but may be unaware of what Title VII requires.

    In this program, the faculty addressed:
  • Common legal mistakes employers make with respect to Muslim, Arab, and Middle Eastern employees and applicants;
  • Best practices for investigating and responding to claims of discrimination and harassment by Muslim, Arab, and Middle Eastern employees and applicants;
  • Strategies for litigating and defending against Muslim, Arab, and Middle Eastern discrimination, harassment, and religious accommodation claims; and
  • Practical training tips for managers to eradicate religious discrimination in the workplace.

    Item no.: LL11200076
    Format: CD-ROM (Win)
    Duration: 90 minutes
    Copyright: 2011
    Price: USD 150.00

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    PRESCRIPTION DRUG ABUSE - A RISING EPIDEMIC: LEGAL IMPLICATIONS AND PREVENTION STRATEGIES IN EMPLOYMENT AND FAMILY LAW


    The abuse of prescription drugs in the United States is now at its highest recorded level, having important legal implications in employment and family law. With drug abuse and addiction growing in the workplace, attorneys for employers and employees will acquire knowledge about their client's legal rights and protections under the Americans with Disabilities Act and the Family Medical Leave Act, and the law regarding drug testing, voluntary disclosure, terminations and Employee Assistance Programs - an important tool for curtailing this unprecedented and disturbing trend.

    In the family law arena, prescription drug abuse by spouses, parents and children can severely disrupt families, leading to marital dissolution, legal interventions, and child custody proceedings. Attorneys guiding families will acquire the necessary knowledge to refer their clients to appropriate treatment, advise on prevention and intervention and to effectively negotiate and litigate when these increasingly frequent issues arise.

    Item no.: JU11200081
    Format: CD-ROM (Win)
    Duration: 90 minutes
    Copyright: 2011
    Price: USD 150.00

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    RESTRICTIVE COVENANTS IN THE INTERNATIONAL WORKPLACE


    The program covers the issue of restrictive covenants and confidentiality protection in the context of both individual contracts of employment for management and plaintiff counsel and also at the collective agreement level in those countries where the issue arises, such as in national labor codes.

    It also examines practical issues such as the degree of restraint and restriction which is permitted in Europe, Asia and Latin America and other jurisdictions and practical issues around enforcing or defending such claims.

    Item no.: MK11200083
    Format: CD-ROM (Win)
    Duration: 82 minutes
    Copyright: 2011
    Price: USD 150.00

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    SOCIAL NETWORKING IN THE INTERNATIONAL WORKPLACE


    The phenomenal growth of social networking has presented both opportunities and challenges for companies, employees, and labor organizations. This program discusses developing trends, case law, and legislation in the U.S. and the EU addressing social networking issues in the workplace.
    Topics include:

  • Business applications of social networking
  • Social network use in workplace communications, recruiting, discipline, and discharge
  • What is happening in the U.S. and EU in response to employer use of information shared in social networking sites
  • Privacy concerns about the use of information obtained from social networks
  • Where data protection laws and concerns intersect with social networks
  • How social networking issues are addressed in collective bargaining and in works councils Whether you represent employers, employees, or labor organizations this program is a must for understanding one of the hottest workplace issues confronting labor and employment lawyers on both the domestic and international scene.

    Item no.: EH11200085
    Format: CD-ROM (Win)
    Duration: 90 minutes
    Copyright: 2011
    Price: USD 150.00

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    TOP 10 ISSUES U.S. LAWYERS NEED TO KNOW ABOUT INTERNATIONAL LABOR AND EMPLOYMENT LAW


    This introductory program is a must for U.S. labor and employment lawyers. In this era of globalization, every practitioner must have a basic understanding of the employment principles of the European Union and how they affect:

  • the assignment of employees to work abroad - drafting international assignment agreements;
  • the concepts that come into play with cross border mergers and acquisitions - the Acquired Rights Directive;
  • reductions in force - collective redundancy legislation;
  • relationships with trade unions and European Works Councils;
  • conflict of laws issues, including the Rome and Brussels Conventions;
  • offshore outsourcing;
  • privacy and Data Collection/Transmission;
  • the extraterritorial effect of U.S. employment laws; and
  • retaining and working with foreign counsel. Learn tactics and concepts that will assist you in representing unions, employers and employees both domestically and internationally.

    Item no.: JN11200087
    Format: CD-ROM (Win)
    Duration: 90 minutes
    Copyright: 2011
    Price: USD 150.00

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    WHAT U.S. LAWYERS NEED TO KNOW ABOUT INTERNATIONAL EMPLOYMENT CONTRACTS AND SECONDMENT


    Third in the series on International Labor and Employment Law, this program explored international employment contracts and arrangements for temporarily transferring employees to international positions.

    Item no.: WG11200095
    Format: CD-ROM (Win)
    Duration: 90 minutes
    Copyright: 2011
    Price: USD 150.00

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    WHAT YOU AND YOUR CLIENTS NEED TO KNOW ABOUT EEOC'S NEW GINA REGULATIONS


    The Equal Employment Opportunity Commission (EEOC) issued the final regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA) that took effect in January 2011. Listen to this timely webinar as well as the EEOC policy and enforcement experts and the private defense bar about hot topics, including:

  • What are the new rules prohibiting employer use or acquisition of family medical history?
  • When is employer acquisition of genetic information excused as "inadvertent"?
  • What new "safe harbor" steps must an employer follow whenever requesting employee medical information or administering post-offer and fitness-for-duty medical exams?
  • Does GINA allow employers to offer financial incentives in connection with wellness programs that ask for genetic information?
  • Where is EEOC focusing its enforcement efforts, and how can employers avoid GINA charges and litigation?

    Item no.: PT11200096
    Format: CD-ROM (Win)
    Duration: 90 minutes
    Copyright: 2011
    Price: USD 150.00

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    WHAT YOU NEED TO KNOW ABOUT THE NEW EXPANDED FEDERAL WHISTLEBLOWER PROTECTIONS


    2010 saw a flurry of developments in federal whistleblower arena.

  • In July President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act (H.R. 4173), which made numerous amendments to the Sarbanes-Oxley Act of 2002 and the Securities Exchange Act of 1934.
  • The False Claims Act was amended to protect a broader class of whistleblowers and to create a uniform three-year statute of limitations.
  • The Security and Exchange (SEC) released a 181 page Notice of Proposed Rulemaking for its whistleblower rules.
  • The Internal Revenue Services (IRS) issued a new manual on whistleblower claims.

    Our expert faculty will address the cutting-edge issues facing employee-whistleblowers and employers responding to claims of wrongful conduct under these new laws and regulations including:

  • The ins and outs of making whistleblower claims.
  • Best practices for handling internal investigations.
  • Attorney/client privilege issues.
  • New strategies for litigating whistleblower claims.

    Item no.: BF11200097
    Format: CD-ROM (Win)
    Duration: 90 minutes
    Copyright: 2011
    Price: USD 150.00

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    ADVANCED ISSUES IN FMLA: A GUIDE FOR THE PERPLEXED


    The Family and Medical Leave Act of 1993, as amended, ("FMLA") balances an employee's need for time-off to attend to a serious health condition (either his own or a close family member's), or for family leave purposes, with the employer's interest in having a worker remain on the job.

    Despite detailed regulations, amended as recently as January 2009, applying the law to actual workplace situations can be a challenge in certain circumstances.

    Our panel of experts explore some of the most vexing FMLA issues arising in today's workplace.

    Topics include:
  • The Military Family Amendments
  • Definitions of "Spouse" and "Parent" (In Loco Parentis)
  • Intermittent Leave Challenges
  • FMLA Complications in the Unionized Workplace
  • Paid Leave Substitution
  • Mixed Motive Cases
  • Suspected Fraudulent Use of Leave
  • Impact of FMLA Leave on Bonuses
  • Intersection of FMLA and Other Types ofLeave

    Item no.: GE11200067
    Format: 2 Audio CDs
    Duration: 90 minutes
    Copyright: 2010
    Price: USD 150.00

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    FUTURE OF EMPLOYMENT DISCRIMINATION CLASS ACTIONS AFTER THE 9TH CIRCUIT'S EN BANC DECISION IN DUKES V. WAL-MART STORES, INC., THE


    On April 26, 2010, the U.S. Court of Appeals for the Ninth Circuit, in an en banc opinion, affirmed class certification of 500,000 to 1.5 million current and former employees of Wal-Mart who allege company-wide discrimination against women, which is the largest class ever certified in an employment discrimination case. Dukes will have a significant and lasting impact on employment law class action practice as the case is now likely headed for the U.S. Supreme Court.

    Our expert panel, which includes lawyers for the parties and a Supreme Court practitioner, will discuss the opinion's key holdings; describe the history of the litigation, including important discovery events and interlocutory rulings; provide tips for conducting discovery, using experts, and appellate strategy in complex employment discrimination litigation; and speculate about the prospects for Dukes at the Supreme Court.

    Item no.: SY11200069
    Format: 2 Audio CDs
    Duration: 90 minutes
    Copyright: 2010
    Price: USD 150.00

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    LABORING OAR, THE: DISCOVERY ISSUES IN LABOR & EMPLOYMENT LITIGATION


    Following the landmark decision in Zubulake, litigation pertaining to document preservation and electronic discovery in labor and employment cases continues to explode. Recently, in Pension Committee of the University of Montreal Pension Plan, et al., v. Banc of America Securities, LLC, et al., the court expanded the attorneys' responsibilities for their clients' handling of document preservation, raising more questions and shaping how attorneys from all constituencies interact with their clients and draft and serve their litigation discovery requests, responses, and objections. In addition to the decisions from the courts, the Federal Rules of Civil Procedure were amended to include changes to the rules governing discovery. Hear from our expert panel on the following:

  • How these decisions and the amendments to the Federal Rules of Civil procedure have impacted discovery strategy in labor and employment litigation and administrative proceedings?
  • How attorneys should manage their increasing ethical responsibilities?
  • Will the other shoe drop: how do we expect these issues to develop going forward?

    Item no.: VR11200071
    Format: 2 Audio CDs
    Duration: 90 minutes
    Copyright: 2010
    Price: USD 150.00

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    MELTING POT OR MOSAIC: LANGUAGE AND ACCENT DISCRIMINATION IN A MULTICULTURAL WORKPLACE


    English is a second language for many employees in today's ethnically and culturally diverse workplace. Some employees would prefer to communicate in their native languages and some may speak English with a pronounced accent. Many employers face the prospect of national origin discrimination claims based on language or accent with increasing frequency.

    Listen to our panel of experts as they discuss:
  • Employer best practices in a multi-lingual workplace
  • The legality and advisability of English-only rules
  • Litigating accent discrimination cases
  • Recent trends in national origin discrimination law
  • Organizing the multi-lingual workforce

    Item no.: FR11200074
    Format: 2 Audio CDs
    Duration: 90 minutes
    Copyright: 2010
    Price: USD 150.00

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    MYSPACE AND THE WORKPLACE: WHAT EMPLOYERS NEED TO KNOW ABOUT SOCIAL NETWORKING


    This cutting-edge program will benefit all construction counsel, labor and employment practitioners, in-house counsel, and corporate counsel, in providing key information about the many new legal issues arising from employees' use and misuse of MySpace, Facebook, Twitter, blogs, and other forms of social networking. You will learn about employer liability, issues surrounding the monitoring and interception of electronic communications, recommended employer policies, and the use of social media as evidence. Given the increased use of social media, bloggers and Facebook users, it's only a question of "when" these issues will arise. This webinar will help counsel to prepare their clients and themselves to address these issues.

    Practitioners, construction, labor, employment, corporate, and in-house counsel will gain insight and practical guidance on:
  • what social networking is and how often it's used in the work place
  • what kinds of social networking information can and can not be used in hiring and a discussion of negligent hiring and supervision situations
  • defamation claims based on electronic communications disseminated by employees
  • the consequences of posting discriminatory or harassing statements
  • improper disclosure of proprietary information<
  • regulations and statutes pertaining to intellectual property and advertisements (e.g., Copyright Act, FTC Guidance on endorsements and testimonials, and FINRA regulations)
  • the legal boundaries of an employee's privacy in the electronic communication age and employer monitoring of social media communications
  • regulating electronic communications - informing employees of risks and becoming aware of employer expectations through employee policies, etc.
  • employee discipline versus legal constraints of employers (NLRA, whistleblower statutes)
  • the use of social media as evidence

    Item no.: HP11200077
    Format: 2 Audio CDs
    Duration: 72 minutes
    Copyright: 2010
    Price: USD 150.00

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    ONE YEAR LATER: AN UPDATE ON THE LILLY LEDBETTER FAIR PAY ACT


    It has been a year since the Lilly Ledbetter Fair Pay Act was implemented, overturning the Supreme Court in Ledbetter v. Goodyear Tire and Rubber and breathing new life into many claims of pay discrimination. Compensation equity can be difficult to achieve, and at the same time, discrimination can be difficult to prove. Basic assumptions about pursuing and defending employment claims have been changed by the Ledbetter Act.

    Recent Court decisions raise additional questions about how the Act will be applied and interpreted. Get up to speed with our experts who, among other things, address:
  • Recent court decisions interpreting the Fair Pay Act
  • EEOC handling of charges raising Ledbetter issues
  • Changes in employer practices to address the new law
  • Definition of an "other practice"under the Act (what does it include?)
  • Whether the Fair Pay Act impacts pension rights
  • Other pending legislation (e.g., Paycheck Fairness Act)

    Item no.: LR11200079
    Format: 2 Audio CDs
    Duration: 90 minutes
    Copyright: 2010
    Price: USD 150.00

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    PERSONAL VS. PROFESSIONAL: HANDLING EMPLOYEE PARTICIPATION IN ONLINE COMMUNITIES


    The line between personal and professional life is increasingly hard to discern, and the emergence and prevalence of online communities, including virtual worlds, social networking sites, bulletin boards, and blogs, raise difficult questions for employers such as:

  • What limits should be placed on employee participation in online communities?
  • Should employers consider regulating participation by employees during their personal time, or just when in the office?
  • What actions can employers take against employees who violate participation guidelines?
  • Can employers ever be liable as a result of their employees' personal online conduct?

    Item no.: TH11200080
    Format: 2 Audio CDs
    Duration: 90 minutes
    Copyright: 2010
    Price: USD 150.00

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    RECENT DEVELOPMENTS UNDER THE RAILWAY LABOR ACT


    Recent developments under the Railway Labor Act (RLA) are changing labor jurisprudence for practitioners under both the RLA and the National Labor Relations Act (NLRA). The National Mediation Board (NMB) adopted a rule in representation proceedings allowing the vote of a majority of voters, rather than a majority of all eligible voters, to determine the outcome of union elections. Long the practice under the NLRA, this development is new to the RLA and may open opportunities for organizing - or at least heated litigation.

    Current NMB decisions have also expanded the NMB's jurisdiction over employers covered for many years by the NLRA. And the Supreme Court's decision last term in Union Pacific v. BLET sets new procedural rules and jurisdiction for federal arbitration boards in the rail industry. Our panel of experts explained these and other recent developments under the RLA and their significance for all labor law practitioners.

    Item no.: CT11200082
    Format: 2 Audio CDs
    Duration: 90 minutes
    Copyright: 2010
    Price: USD 150.00

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    REVIEW OF RECENT DEVELOPMENTS IN LABOR & EMPLOYMENT LAW, A


    Even in the face of a fluctuating economy, labor and employment law issues remain a constant challenge for most organizations. This panel will focus on key recent developments affecting the workplace.

    In addition, our expert panel will examine:
  • principles applicable to misclassification of employees,
  • independent contractors,
  • accommodations of disabilities and leaves of absences. Finally, the panel will explore related trends and anticipated legislation.

    Item no.: ES11200084
    Format: 2 Audio CDs
    Duration: 90 minutes
    Copyright: 2010
    Price: USD 150.00

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    TWENTY-FIVE YEARS OF EMPLOYMENT DISCRIMINATION LAW 1985-2010


    Since the 1960s, the laws prohibiting discrimination in employment have extended beyond race, color, and sex to reach such areas as religion, national origin, age, disability, and genetics. In addition to laws passed by Congress, Executive Orders enacted by the President and agency regulations, the courts (especially the United States Supreme Court) in a series of high profile opinions, construed and applied the laws passed by Congress, the presidents' Executive Orders and the federal agencies' regulations to the complex human experiences that arrived at the courts' doorsteps.

    This program addresses the legal developments that frame the volatile era of employment discrimination stretching from 1985 to 2010. It is based on an article written for the American Bar Association Journal of Labor and Employment Law. It has two objectives: one is to illuminate this Nation's commitment to equality of opportunity in the workplace. The other is to review the complex interactions of the courts, Congress, the judiciary, and the executive branch that brought us where we are today.

    The program panel is moderated by Michael Green, a distinguished professor in the field of labor and employment law, and is composed of prominent practitioners who collaborated to write the article on which the teleconference is based: Adam Klein, John Quinn, Charles Warner, and Maurice Wexler. Gary Siniscalco, the fifth author of the article, unfortunately will be unable to participate. Joyce Margulies, an in-house counsel with a Fortune 50 company during the 25 year period covered by this program, adds her comments about corporate responses to these developments in the law.

    Item no.: HH11200090
    Format: 2 Audio CDs
    Duration: 90 minutes
    Copyright: 2010
    Price: USD 150.00

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    2009-2010 ARBITRATION COMPETITION NATIONAL FINALS

    The 2009-10 ABA Law Student Division Arbitration Competition National Finals

    Topic: This year's competition required the competitors to delve into a contract issue and arbitrate it in the setting of the current economic crisis.

    The competition promotes greater knowledge and interest among law students about arbitration by simulating a realistic arbitration hearing. Participating students learn how to think, act, and be an advocate representing a client in an arbitration. Participating students learn how to think, act, and be an advocate representing a client in an arbitration. They prepare and present an arbitration case and are involved in opening statements, witness examinations, exhibit introductions, evidentiary presentations, and summations. They also experience what it is to be a professional, competent, and ethical advocate.

    The fifth National Arbitration Competition took place January 22-23, 2010 at Chapman University School of Law in Orange, CA. Forty seven teams from 34 ABA-approved law schools competed in the six regional competitions. The top two teams out of the 12 that advanced to the 2009-10 ABA Law Student Division Arbitration Competition National Finals square off in this informative DVD/ROM, which shows teams from Texas Tech University School of Law and Michigan State University College of Law competing for the Arbitration Competition National Championship.

    This DVD/ROM captures the National Championship final round, from opening statements, witness examinations, exhibit introductions, to evidentiary presentations. It also includes the portable document file of the 2009-10 Case File allowing viewers to gain a greater insight into the presentation. Use the video and case file to help you prepare for the Arbitration Competition or as a demonstration of effective arbitration advocacy on behalf of a client.

    Item no.: SD11200061
    Format: DVD-ROM (With Case File)
    Duration: Approx. 3 hours
    Copyright: 2010
    Price: USD 135.00

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    2009-2010 CLIENT COUNSELING COMPETITION NATIONAL FINALS

    The 2009-10 ABA Law Student Division Client Counseling Competition National Finals

    Topic: White Collar Crime

    The Client Counseling Competition promotes greater knowledge and interest among law students in the preventive law and counseling functions of law practice and encourages students to develop interviewing, planning, and analytical skills in the lawyer client relationship in the law office. The competition simulates a law office consultation in which student lawyers conduct an interview with a "client." Following the interview, the student lawyers explain how they would proceed further in the hypothetical situation.

    The 37th National Client Counseling Competition took place at Baylor University School of Law in Waco, Texas on March 19-20, 2010. One hundred and thirty six teams from 93 ABA-approved law schools entered this year's competition. The top three teams out of the 12 that advanced to the 2009-10 ABA Law Student Division Client Counseling Competition National Finals square off in this informative DVD/ROM. Learn effective interviewing, planning, and relationship-building techniques while watching The Thomas M. Cooley Law School compete against University of Illinois College of Law and University of the District of Columbia - David A. Clarke School of Law for the Client Counseling Competition National Championship.

    This DVD/ROM captures the National Championship final round in its entirety, including the judges' evaluation. It also includes the portable document finals of the complete regional and national problems, including the clients' confidential information allowing viewers to gain greater insight into the competitors' presentation, as well as the judges' critiques. Use this video and complete competition problems to help you prepare for the Client Counseling Competition or as a demonstration of preventive law and the counseling functions of law practice.

    Item no.: CL11200062
    Format: DVD-ROM (With Case File)
    Duration: Approx. 135 minutes
    Copyright: 2010
    Price: USD 135.00

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    2009-2010 NATIONAL APPELLATE ADVOCACY COMPETITION NATIONAL FINALS

    The 2009-10 ABA Law Student Division National Appellate Advocacy Competition National Finals

    Topic: This year's case involves two questions. The first is whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is an "act of Congress" subject to reverse preemption under the McCarran-Ferguson Act. The second is whether the McCarran-Ferguson Act applies to arbitration agreements between U.S. insureds and foreign insurers.

    The Law Student Division created the NAAC to emphasize the development of oral advocacy skills through a realistic appellate advocacy experience. Competitors participate in a hypothetical appeal to the United States Supreme Court. The competition involves writing a 35 page brief as either respondent or petitioner and then arguing the case in front of the mock court.

    The 32nd National Appellate Advocacy Competition National Finals took place April 8-10, 2010 at the courtroom of the Illinois Supreme Court in Chicago, IL. One hundred and ninety seven teams from 118 ABA-approved law schools entered this years competition. The top two teams out of the 24 that advanced to the 2009-10 ABA Law Student Division NAAC National Finals square off in this informative DVD/ROM, which shows teams from South Texas College of Law and The University of Texas School of Law demonstrating their skills in oral advocacy while competing for the 2009-10 National Appellate Advocacy Competition National Championship.

    This DVD/ROM captures the National Championship final round in its entirety - including the judges" critique. It also includes the portable document files of the competition problem (the record) and the bench memo allowing viewers to gain greater insight into the competitors' presentation, as well as the judges' critiques. Use the video, competition problem, and bench memo to help you prepare for the NAAC or as a tutorial in effective appellate advocacy techniques.

    Item no.: VN11200063
    Format: DVD-ROM (With Case File)
    Duration: 90 minutes
    Copyright: 2010
    Price: USD 135.00

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    2009-2010 NEGOTIATION COMPETITION NATIONAL FINALS

    The 2009-10 ABA Law Student Division Negotiation Competition National Finals

    Topic: Employment Law

    The Negotiation Competition promotes greater interest among law students in legal negotiation and provides a means for them to practice and improve their negotiating skills. The competition simulates legal negotiations in which law students, acting as lawyers, negotiate a series of legal problems. The simulations consist of a common set of facts known by all participants and confidential information known only to the participants representing a particular side. All of the simulations deal with the same general topic, but the negotiation situation varies with each round and level of the competition.

    The 26th National Negotiation Competition took place February 5-6, 2010 at the Walt Disney World Dolphin during the Midyear Meeting in Orlando, FL. Two hundred and fifteen teams from 112 ABA-approved law schools entered this year's competition. The top four teams out of the 24 that advanced to the 2009-10 ABA Law Student Division Negotiation Competition National Finals square off in this informative DVD/ROM, which shows teams from Boston University School of Law, Florida International University College of Law, Fordham University School of Law, and Texas Tech University School of Law competing for the Negotiation Competition National Championship.

    The DVD/ROM captures the final round in its entirety - including the teams' self-analyses and the judges' evaluations. It also includes the portable document files of the complete regional and national competition problems, including the confidential information for both sides and the judges' summaries allowing viewers to gain greater insight into the competitors' presentation, as well as the judges' critiques. Use the video and complete competition problems to help you prepare for the Negotiation Competition or as a demonstration of effective negotiation techniques.

    Item no.: HR11200064
    Format: DVD-ROM (With Case File)
    Duration: Approx. 165 minutes
    Copyright: 2010
    Price: USD 135.00

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    WORKING WITH EMOTIONAL CLIENTS: THE VIRTUAL TRANQUILIZER(R) FOR LAWYERS

    By Andra Medea

    This two-DVD set, offered by ABA Publishing and ABA Continuing Legal Education for three hours of general CLE credit, addresses the best ways to get a client past their emotions to become an effective part of their advocacy. It's not easy to work with a client in the grip of emotion--they may be spilling over with anger, overwrought by stress, or caught up in anxiety or fear, all of which makes it hard for them to listen to you or follow your directions. In fact, opposing counsel may look to manipulate a witness they suspect may be prone to uncontrolled emotions.

    In addition, these clients can be expensive to work with, consuming unnecessary amounts of time and energy. If, like so many lawyers today, you are concerned with efficiency or dealing with fixed costs, emotional clients can present a serious challenge.

    Working with Emotional Clients teaches you how to recognize when your client is in the grip of emotion, how to calm them down, and how to keep emotions from getting so high in the first place. It addresses getting past emotions throughout the legal process, including:

  • Paperwork and interviews
  • Negotiation
  • Depositions
  • Inside and outside the courtroom

    In addition you'll gain valuable insights on angry plaintiffs and discover strategies on what to do when the emotional client is on the other side.

    If you, or any lawyer in your firm deal with clients on a regular basis, you need to experience the valuable, practical advice found in this DVD.

    Item no.: HC11200066
    Format: 2 DVDs
    Duration: 3 hours
    Copyright: 2010
    StdBkNo: 9781604429626
    Price: USD 300.00

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    2008-2009 ARBITRATION COMPETITION NATIONAL FINALS

    The fourth annual Arbitration Competition took place January 23 - 24, 2009 in San Antonio, TX. Forty-one teams from 29 ABA-approved law schools entered the competition. Fourteen teams advanced to the National Competition. The winners of the semifinal round, Chapman University School of Law and University of Missouri-Columbia School of Law, met in the final round.

    This DVD captures the National Championship final round in its entirety, from opening statements, witness examinations, exhibit introductions, evidentiary presentations, and summations to the judges' evaluation. The final round was held January 24, 2009 at St. Mary's University School of Law in San Antonio, TX.

    Use the DVD to help you prepare for the Arbitration Competition or as a demonstration of effective arbitration advocacy on behalf of a client.

    Item no.: WR11200026
    Format: DVD (With Publication)
    Duration: Approx. 3 hours
    Copyright: 2009
    Price: USD 135.00

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    2008-2009 ARBITRATION COMPETITION NATIONAL FINALS AND COMPETITION PROBLEM

    The fourth annual Arbitration Competition took place January 23 - 24, 2009 in San Antonio, TX. Forty-one teams from 29 ABA-approved law schools entered the competition. Fourteen teams advanced to the National Competition. The winners of the semifinal round, Chapman University School of Law and University of Missouri-Columbia School of Law, met in the final round.

    This DVD captures the National Championship final round in its entirety, from opening statements, witness examinations, exhibit introductions, evidentiary presentations, and summations to the judges' evaluation. The DVD also includes the portable document file of the 2008-09 Case File. Viewers will gain a greater insight to the competitor' presentation, as well as the judges' critiques.

    The final round was held January 24, 2009 at St. Mary's University School of Law in San Antonio, TX.

    Use the DVD and case file to help you prepare for the Arbitration Competition or as a demonstration of effective arbitration advocacy on behalf of a client.

    Item no.: LA11200027
    Format: DVD
    Duration: Approx. 3 hours
    Copyright: 2009
    Price: USD 135.00

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    2008-2009 CLIENT COUNSELING COMPETITION NATIONAL FINALS

    The top three teams in the 2008-09 ABA Law Student Division Client Counseling Competition square off in this informative DVD. Learn effective interviewing, planning, and relationship-building techniques while watching The University of Nebraska College of Law compete against Lewis and Clark Law School and The George Washington University Law School.

    This DVD captures the National Championship final round in its entirety, including the judges' evaluation.

    The final round was held on March 14, 2009 at North Carolina Central University School of Law in Durham, NC.

    Use the program and competition problems to help you prepare for the Client Counseling Competition or as a demonstration of preventive law and the counseling functions of law practice.

    Item no.: TM11200028
    Format: DVD
    Duration: Approx.165 minutes
    Copyright: 2009
    Price: USD 50.00

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    2008-2009 CLIENT COUNSELING COMPETITION NATIONAL FINALS AND COMPETITON PROBLEMS

    The top three teams in the 2008-09 ABA Law Student Division Client Counseling Competition square off in this informative program. Learn effective interviewing, planning, and relationship-building techniques while watching The University of Nebraska College of Law compete against Lewis and Clark Law School and The George Washington University Law School.

    This program captures the National Championship final round in its entirety, including the judges' evaluation. This DVD also includes the portable document files of the complete regional and national competition problems, including the clients' confidential information. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques.

    The final round was held on March 14, 2009 at North Carolina Central University School of Law in Durham, NC.

    Use the program and competition problems to help you prepare for the Client Counseling Competition or as a demonstration of preventive law and the counseling functions of law practice.

    Item no.: WC11200029
    Format: DVD
    Duration: Approx.165 minutes
    Copyright: 2009
    Price: USD 135.00

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    2008-2009 NATIONAL APPELLATE ADVOCACY COMPETITION NATIONAL FINALS

    This year's problem involves two questions. The first is whether congressmen who voted for legislation that the President refuses to obey on the grounds that the legislation is unconstitutional have standing to sue the President for his failure to comply with the legislation. The second is whether a statute setting forth a timetable for withdrawing forces from a previously authorized foreign conflict unconstitutionally infringes on the President's power as Commander in Chief of the armed forces.

    Teams from South Texas College of Law and Faulkner University, Thomas Goode Jones School of Law demonstrate their skills in oral advocacy in the 2008-09 ABA Law Student Division NAAC National Finals.

    This DVD captures the National Championship final round in its entirety - including the judges' critique. Use the DVD and competition problem to help you prepare for the NAAC or as a tutorial in effective advocacy techniques.

    The final round was held April 4, 2009 at the courtroom of the Illinois Supreme Court in Chicago, IL.

    Item no.: AG11200030
    Format: DVD
    Duration: Approx. 90 minutes
    Copyright: 2009
    Price: USD 50.00

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    2008-2009 NATIONAL APPELLATE ADVOCACY COMPETITION NATIONAL FINALS AND COMPETITION PROBLEMS

    This year's problem involves two questions. The first is whether congressmen who voted for legislation that the President refuses to obey on the grounds that the legislation is unconstitutional have standing to sue the President for his failure to comply with the legislation. The second is whether a statute setting forth a timetable for withdrawing forces from a previously authorized foreign conflict unconstitutionally infringes on the President's power as Commander in Chief of the armed forces.

    Teams from South Texas College of Law and Faulkner University, Thomas Goode Jones School of Law demonstrate their skills in oral advocacy in the 2008-09 ABA Law Student Division NAAC National Finals.

    This DVD captures the National Championship final round in its entirety - including the judges' critique. This DVD also includes the portable document files of the competition problem (the record) and the bench memorandum. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques.

    Use the program and competition problem to help you prepare for the NAAC or as a tutorial in effective advocacy techniques.

    The final round was held April 4, 2009 at the courtroom of the Illinois Supreme Court in Chicago, IL.

    Item no.: WZ11200031
    Format: DVD
    Duration: Approx. 90 minutes
    Copyright: 2009
    Price: USD 135.00

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    2008-2009 NEGOTIATION COMPETITION NATIONAL FINALS

    Of the 223 teams that entered the 2008-09 ABA Law Student Division Negotiation Competition, only four teams advanced to the final round. This DVD shows teams from Northwestern University School of Law, University of California, Davis School of Law (King Hall), Florida International University College of Law, and Washington and Lee University School of Law competing for the Negotiation Competition National Championship. The DVD captures the final round in its entirety - including the teams' self-analyses and the judges' evaluations.

    The final round was held February 14, 2009 at the Westin Copley Place during the ABA's Midyear Meeting in Boston, MA.

    Use the program to help you prepare for the Negotiation Competition or as a demonstration of effective negotiation techniques.

    Item no.: VH11200032
    Format: DVD
    Duration: Approx.165 minutes
    Copyright: 2009
    Price: USD 50.00

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    2008-2009 NEGOTIATION COMPETITION NATIONAL FINALS AND COMPETITION PROBLEMS

    Of the 223 teams that entered the 2008-09 ABA Law Student Division Negotiation Competition, only four teams advanced to the final round. This DVD shows teams from Northwestern University School of Law, University of California, Davis School of Law (King Hall), Florida International University College of Law, and Washington and Lee University School of Law competing for the Negotiation Competition National Championship. The DVD captures the final round in its entirety - including the teams' self-analyses and the judges' evaluations.

    This DVD also includes the portable document files of the complete regional and national competition problems, including the confidential information for both sides and the judges' summaries. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques.

    The final round was held February 14, 2009 at the Westin Copley Place during the ABA's Midyear Meeting in Boston, MA.

    Use the program and competition problems to help you prepare for the Negotiation Competition or as a demonstration of effective negotiation techniques.

    Item no.: RB11200033
    Format: DVD
    Duration: Approx.165 minutes
    Copyright: 2009
    Price: USD 135.00

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    ANTITRUST LITIGATION COURSE: PREPARING AND TRYING A CASE AGAINST THE GOVERNMENT

    The 2009 Antitrust Litigation Course: Preparing and Trying an Antitrust Case, brings together some of the leading antitrust trial lawyers to demonstrate--on the basis of a fictitious merger of two high technology companies--the complex interplay of substance, strategy, negotiations, and remedies that is essential not only to merger litigation, but to antitrust litigation in general. The DVD package consists of an in-depth discussion of strategic issues relating to the pre-merger process and communications with the government, a trial (including company and expert witness examinations), and a final decision by the court.

    The program consists of eight segments:
  • Part One: Strategic Issues
  • Part Two: Opening Statements
  • Part Three: Direct and Cross Examination of Acquiror CEO
  • Part Four: Direct and Cross Examination of Competitor CEO
  • Part Five: Direct and Cross Examination of Government's Economist
  • Part Six: Direct and Cross Examination of Parties' Economist
  • Part Seven: Closing Arguments
  • Part Eight: The Court Renders its Decision

    Item no.: GT11200037
    Format: 5 DVDs (With CD-ROM)
    Duration: 428 minutes
    Copyright: 2009
    Price: USD 800.00

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    LIMITED LIABILITY COMPANY UPDATE: IMPORTANT ISSUES IN UNCERTAIN TIMES 2009

    This program features discussions among the faculty concerning issues involving limited liability companies and business lawyers.

    This year's update includes current information on the following topics:
  • Statutory developments; significant new case law
  • Capital calls and additional capital contributions in times of economic distress-managing expectations and protecting the LLC
  • Drafting tips for equity incentive plans
  • Drafting operating agreement provisions addressing fiduciary duties and liabilities
  • Tax developments affecting LLCs treated as partnerships or disregarded entities
  • Are bankruptcy remote LLCs really bankruptcy proof?
  • What happens when an LLC member or manager becomes a debtor in bankruptcy?

    Item no.: EK11200047
    Format: DVD
    Duration: 90 minutes
    Copyright: 2009
    Price: USD 245.00

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    PRACTICE MANAGEMENT TECHNOLOGY COLLECTION

    Learn how to utilize the technology that your practice currently has and identify ways to improve on it. This CD-ROM collection features these three bestselling law practice management titles:

  • How To Make the Most Out Of the Technology You Already Have
  • Document Management Systems: The "Must-Have" Tool for Every Practice
  • The Virtual Law Firm: Benefits, Costs, and Ethical Pitfalls to Avoid

    System Requirements
    This disc requires a PC with a CD-ROM drive and with Windows Media PlayerR installed.

    Item no.: TN11200065
    Format: CD-ROM (Win)
    Duration: Approx. 300 minutes
    Copyright: 2009
    Price: USD 135.00

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    2007 A201 GENERAL CONDITIONS DOCUMENT, THE - WHAT & WHY: AN OVERVIEW

    As the most widely used AIA document, the 2007 A201 General Conditions raise new issues and challenges. This program will address what may be the most controversial and challenging of the revisions, including:
  • "Initial Decision Maker" Concept
  • "Checkbox" Dispute Resolution Methods
  • Consolidation and Joinder of Parties and Disputes
  • 10 year Contractual Repose Period
  • Owner "Self-Help" Remedies

    System Requirements
  • DVD-ROM drive-equipped Windows PC with Windows Media Player® or Quicktime Player® software installed

    Item no.: FS11200017
    Format: DVD-ROM
    Duration: 2 hours
    Copyright: 2008
    Price: USD 139.00

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    2007-08 ARBITRATION COMPETITION NATIONAL FINALS

    The third annual Arbitration Competition took place January 25-26, 2008 in St. Petersburg, FL. Forty-one teams from 30 ABA-approved law schools entered the competition. Twelve teams advanced to the National Competition. The winners of the semifinal round, Texas Tech University and Stetson University College of Law, met in the final round.

    This program captures the National Championship final round in its entirety, from opening statements, witness examinations, exhibit introductions, evidentiary presentations and summations to the judges' evaluation. This DVD ROM also includes the portable document file of the 2007-08 Case File. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques. Please note that the 2007-08 Case File will be used as the 2008-09 Intraschool Problem for the 2008-09 Arbitration Competition. Schools competing in the 2008-09 Arbitration Competition may wish to purchase the 2007-08 Arbitration Competition Championship Round video, which sells for only $35.00, instead.

    The final round was held January 26, 2008 at Stetson University College of Law in St. Petersburg, FL.

    Use the program and case file to help you prepare for the Arbitration Competition or as a demonstration of effective arbitration advocacy on behalf of a client.

    Item no.: TY11200018
    Format: DVD (With Publication)
    Duration: Approx. 3 hours
    Copyright: 2008
    Price: USD 135.00

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    2007-08 ARBITRATION COMPETITION NATIONAL FINALS

    The third annual Arbitration Competition took place January 25-26, 2008 in St. Petersburg, FL. Forty-one teams from 30 ABA-approved law schools entered the competition. Twelve teams advanced to the National Competition. The winners of the semifinal round, Texas Tech University and Stetson University College of Law, met in the final round.

    This program captures the National Championship final round in its entirety, from opening statements, witness examinations, exhibit introductions, evidentiary presentations and summations to the judges' evaluation. The final round was held January 26, 2008 at Stetson University College of Law in St. Petersburg, FL.

    Use the program to help you prepare for the Arbitration Competition or as a demonstration of effective arbitration advocacy on behalf of a client.

    Item no.: ZA11200019
    Format: DVD
    Duration: Approx. 3 hours
    Copyright: 2008
    Price: USD 50.00

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    2007-08 CLIENT COUNSELING COMPETITION NATIONAL FINALS

    The top three teams in the 2007-08 ABA Law Student Division Client Counseling Competition square off in this informative program. Learn effective interviewing, planning, and relationship-building techniques while watching The George Washington University Law School compete against William S. Boyd School of Law, UNLV and William Mitchell College of Law.

    This program captures the National Championship final round in its entirety, with the exception of the judges' evaluation. The final round was held March 9, 2008 at Pace University School of Law in White Plains, NY.

    Use the program to help you prepare for the Client Counseling Competition or as a demonstration of preventive law and the counseling functions of law practice.

    Item no.: BH11200020
    Format: DVD
    Duration: Approx.135 minutes
    Copyright: 2008
    Price: USD 50.00

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    2007-08 CLIENT COUNSELING COMPETITION NATIONAL FINALS, PLUS COMPLETE REGIONAL AND NATIONAL COMPETITION PROBLEMS, INCLUDING CONFIDENTIAL INFORMATION FOR CLIENTS

    The top three teams in the 2007-08 ABA Law Student Division Client Counseling Competition square off in this informative program. Learn effective interviewing, planning, and relationship-building techniques while watching The George Washington University Law School compete against William S. Boyd School of Law, UNLV and William Mitchell College of Law.

    This program captures the National Championship final round in its entirety, with the exception of the judges' evaluation. This DVD also includes the portable document files of the complete regional and national competition problems, including the clients' confidential information. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques.

    The final round was held March 9, 2008 at Pace University School of Law in White Plains, NY.

    Use the program and competition problems to help you prepare for the Client Counseling Competition or as a demonstration of preventive law and the counseling functions of law practice.

    Item no.: WN11200021
    Format: DVD
    Duration: Approx.165 minutes
    Copyright: 2008
    Price: USD 135.00

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    2007-08 NATIONAL APPELLATE ADVOCACY COMPETITION NATIONAL FINALS

    The case involves two issues: (1) whether an unmarried man is eligible for asylum based on an oppressive population control policy directed toward his ex-wife, and (2) whether a federal court of appeals has jurisdiction to review the Board of Immigration Appeals' use of agency streamlining procedures, or whether the agency's use of those procedures is a decision that is committed to agency discretion by law.

    Teams from Harvard University Law School and University of Memphis, Cecil C. Humphreys School of Law demonstrate their skills in oral advocacy in the 2007-08 ABA Law Student Division NAAC National Finals.

    This program captures the National Championship final round in its entirety - including the judges' critique. Use the program to help you prepare for the NAAC or as a tutorial in effective advocacy techniques.

    The final round was held April 5, 2008 at the courtroom of the Illinois Supreme Court in Chicago, IL.

    Item no.: MF11200022
    Format: DVD
    Duration: Approx. 90 minutes
    Copyright: 2008
    Price: USD 50.00

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    2007-08 NATIONAL APPELLATE ADVOCACY COMPETITION NATIONAL FINALS, PLUS COMPETITION PROBLEM AND BENCH MEMORANDUM

    The case involves two issues: (1) whether an unmarried man is eligible for asylum based on an oppressive population control policy directed toward his ex-wife, and (2) whether a federal court of appeals has jurisdiction to review the Board of Immigration Appeals' use of agency streamlining procedures, or whether the agency's use of those procedures is a decision that is committed to agency discretion by law.

    Teams from Harvard University Law School and University of Memphis, Cecil C. Humphreys School of Law demonstrate their skills in oral advocacy in the 2007-08 ABA Law Student Division NAAC National Finals.

    This program captures the National Championship final round in its entirety - including the judges' critique. This DVD ROM also includes the portable document files of the competition problem (the record) and the bench memorandum. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques.

    Use the program and competition problem to help you prepare for the NAAC or as a tutorial in effective advocacy techniques.

    The final round was held April 5, 2008 at the courtroom of the Illinois Supreme Court in Chicago, IL.

    Item no.: YN11200023
    Format: DVD
    Duration: Approx. 90 minutes
    Copyright: 2008
    Price: USD 135.00

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    2007-08 NEGOTIATION COMPETITION NATIONAL FINALS PLUS COMPLETE REGIONAL AND NATIONAL COMPETITION PROBLEMS, INCLUDING CONFIDENTIAL INFORMATION FOR CLIENTS

    Of the 216 teams that entered the 2007-08 ABA Law Student Division Negotiation Competition, only four teams advanced to the final round. This program shows teams from University of Louisville Louis D. Brandeis School of Law, University of Tulsa College of Law, The John Marshall Law School (Chicago), and University of California, Berkeley Boalt Hall School of Law competing for the Negotiation Competition National Championship. The program captures the final round in its entirety - including the teams' self-analyses and the judges' evaluations.

    This DVD also includes the portable document files of the complete regional and national competition problems, including the confidential information for both sides and the judges summaries. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques.

    The final round was held February 9, 2008 at the Renaissance Hollywood Hotel during the ABA's Midyear Meeting in Los Angeles, CA.

    Use the program and competition problems to help you prepare for the Negotiation Competition or as a demonstration of effective negotiation techniques.

    Item no.: JC11200024
    Format: DVD
    Duration: Approx.165 minutes
    Copyright: 2008
    Price: USD 135.00

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    2007-08 NEGOTIATION COMPETITION NATIONALS FINALS

    Of the 216 teams that entered the 2007-08 ABA Law Student Division Negotiation Competition, only four teams advanced to the final round. This program shows teams from University of Louisville Louis D. Brandeis School of Law, University of Tulsa College of Law, The John Marshall Law School (Chicago), and University of California, Berkeley Boalt Hall School of Law competing for the Negotiation Competition National Championship. The program captures the final round in its entirety - including the teams' self-analyses and the judges' evaluations.

    The final round was held February 9, 2008 at the Renaissance Hollywood Hotel during the ABA's Midyear Meeting in Los Angeles, CA.

    Use the program to help you prepare for the Negotiation Competition or as a demonstration of effective negotiation techniques.

    Item no.: EE11200025
    Format: DVD
    Duration: Approx.165 minutes
    Copyright: 2008
    Price: USD 50.00

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    EQUITY DECOUPLING

    In this DVD program Professor Hu explains what is termed as "empty voting" - voting while holding greater voting power than economic ownership. He also speaks about "hidden (morphable) ownership" - economic ownership, without voting rights, and the need for a revised disclosure system. Learn about how these types of equity decoupling pose important risks to the one-share, one-vote paradigm that underlies conventional models of corporate governance and shareholder voting. Case law and possible effects on the world's financial stability are examined.

    Item no.: EP11200042
    Format: DVD
    Duration: 1 hour
    Copyright: 2008
    Price: USD 149.00

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    FUNDAMENTALS OF THIRD PARTY CLOSING OPINIONS

    "I need a first draft of the opinion letter in the morning!"

    As the lawyer called on to prepare the first draft of a third-party closing opinion letter, do you know where to start? The statutes and cases tell you very little about how to prepare an opinion. To prepare a responsible opinion letter, you will need to understand the custom and vocabulary that experienced lawyers use. While the law applicable to these opinions is often local, the applicable custom and vocabulary used are often national. Our panel of leading experts in opinion letters will walk you through the process.

    You could begin the opinion letter process by "marking-up" a form or an opinion letter given in a similar deal done in the office. However, you will only be able to do so intelligently and spot problems in giving the opinions requested if you understand the deal, the opinion process, customary practice, customary due diligence, and the vocabulary involved.

  • What is customary practice and how do you find it?
  • What are the limits on how clever the opinion letter wording can be?
  • What law is covered by the opinion?
  • Why are the remedies opinion considered "central" in many opinion letters and, when given, what does it tell the recipient?
  • What are "reasoned," "qualified," "performance," and "clean" opinions?
  • What diligence responsibility does recipient's counsel have in examining the opinion letter?
  • What law firm review procedures should you follow?

    "Get the materials together to give the opinion."

    Closing opinions are not guesses. You will need to know or research the law covered in the opinion letter. Facts are applied to the applicable law to reach opinion letter conclusions.

  • What methods are acceptable to "establish" fact for an opinion letter?
  • How exhaustive should your factual search be?
  • How do you deal with what you know without doing a search? When can assumptions be made?
  • Is it proper to rely on a client factual certificate if you know that the client is unsure of the facts stated but is willing to take on the risk of being wrong?
  • What is usually excluded from an opinion letter and why? Which exclusions are implicit and which have to be stated?
  • What are the differences between "exclusions," "exceptions" and "limitations?"
  • When is it usual to include "knowledge limitations?"
  • Is it appropriate to specifically limit assignment of (or other bases for reliance on) the opinion letter?
  • How do you deal with specialized opinions, such as UCC, SEC, LLC, preferred stock opinions?

    Item no.: HC11200045
    Format: 2 DVDs
    Duration: 4 hours
    Copyright: 2008
    Price: USD 345.00

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    STARTING OVER - THE NEWLY CREATED B101 OWNER/ARCHITECT AGREEMENT & THE NEW AIA DIGITAL RIGHTS DOCUMENTS - DEALING WITH DRAWINGS IN THE ELECTRONIC AGE

    This DVD-ROM contains the following two programs:

    Starting Over - The Newly Created B101 Owner/Architect Agreement

    Critical changes have been introduced by the replacement of the two-part B-141 with the new B-101 that pose new traps for unwary architects attempting to navigate their way through increased powers and potentially greater liability exposure. Our panelists guide us through B-101, highlighting:
  • Architect's Standard of Care
  • Instruments of Service
  • Environmentally Responsible Design Requirements
  • Veto Rights of the Architect Over the A201 terms and conditions

    The New AIA Digital Rights Documents - Dealing with Drawings in the Electronic Age

    Learn the pitfalls associated with the digital transfer of CAD documents and understand how transfer impacts intellectual property rights. This session will highlight:
  • Protocols for creating, revising and transmitting digital information
  • Allocating risks associated with digital data
  • Ownership and licensing of digital data

    System Requirements
  • DVD-ROM drive-equipped Windows PC with Windows Media Player® or Quicktime Player® software installed

    Item no.: JH11200056
    Format: DVD-ROM
    Duration: 90 minutes
    Copyright: 2008
    Price: USD 139.00

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    WITNESS PREPARATION

    Witness preparation, for depositions or trial, can be a time-consuming process. What's more, an unprepared witness can jeopardize an entire case. Most witnesses have no experience in testifying, so your witness preparation had better be thorough and engaging.

    Now, one of the nation's leading authorities on jury research and witness preparation, nationally-recognized litigation consultant Jan Mills Spaeth, Ph.D., has created two essential witness preparation DVDs to make sure you bring out the best qualities in your witnesses during their depositions and testimony. Your witness only needs to watch these DVD's to be much better prepared for trial or deposition. A take-home booklet will further reinforce the lessons learned.

    This 2-DVD set contains one DVD focused exclusively on preparing your witness for a deposition, and another for preparing witnesses for trial. Simply play the DVDs for your witnesses and they will be more informed, confident, and comfortable in testifying. Step away and let your witness view the program, then return and talk about the specific facts of your case; you'll save valuable billable time by letting these great DVDs teach your witnesses the very basics of testifying at deposition or at trial. The DVDs address what the witness should expect in terms of environment (courtroom or conference room), questioning (direct and cross-examination), procedure (what to do when a lawyer objects, for example), and good, conservative advice for attire, demeanor, grooming, and attitude.

    Item no.: EB11200060
    Format: 2 DVDs
    Copyright: 2008
    StdBkNo: 9781570735905
    Price: USD 400.00

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    2006-07 CLIENT COUNSELING COMPETITION NATIONAL FINALS

    The top three teams in the 2007 ABA Law Student Division Client Counseling Competition square off in this informative program. Learn effective interviewing, planning, and relationship-building techniques while watching University of Victoria Faculty of Law compete against North Carolina Central University and William S. Boyd School of Law, UNLV.

    This program captures the National Championship final round in its entirety, including the judges' evaluation.

    The final round was held March 17, 2007 at SMU Dedman School of Law in Dallas, Texas.

    Use the program to help you prepare for the Client Counseling Competition or as a demonstration of preventive law and the counseling functions of law practice.

    Item no.: HH11200011
    Format: DVD
    Duration: Approx. 3 hours
    Copyright: 2007
    Price: USD 50.00

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    2006-07 CLIENT COUNSELING COMPETITION NATIONAL FINALS, PLUS COMPLETE REGIONAL AND NATIONAL COMPETITION PROBLEMS, INCLUDING CONFIDENTIAL INFORMATION FOR CLIENTS

    The top three teams in the 2007 ABA Law Student Division Client Counseling Competition square off in this informative program. Learn effective interviewing, planning, and relationship-building techniques while watching University of Victoria Faculty of Law compete against North Carolina Central University and William S. Boyd School of Law, UNLV.

    This program captures the National Championship final round in its entirety, including the judges' evaluation. This new DVD ROM also includes the portable document files of the complete regional and national competition problems, including the clients' confidential information. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques.

    The final round was held March 17, 2007 at SMU Dedman School of Law in Dallas, Texas.

    Use the program and competition problems to help you prepare for the Client Counseling Competition or as a demonstration of preventive law and the counseling functions of law practice.

    Item no.: VP11200012
    Format: DVD
    Duration: Approx. 3 hours
    Copyright: 2007
    Price: USD 135.00

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    2006-07 NATIONAL APPELLATE ADVOCACY COMPETITION NATIONAL FINALS

    A civil case involving two issues: (1) whether police authority to search a vehicle incident to arrest should be limited to cases where evidence relevant to the crime of arrest might be found on the vehicle, and (2) whether a shaming punishment imposed as a condition of supervised release violates the Sentencing Reform Act.

    Teams from BYU, J. Reuben Clark Law School and University of Arkansas School of Law-Fayetteville demonstrate their skills in oral advocacy in the 2007 ABA Law Student Division NAAC National Finals.

    This program captures the National Championship final round in its entirety - including the judges' critique.

    Use the program to help you prepare for next year's NAAC or as a tutorial in effective advocacy techniques.

    The final round was held March 31, 2007 at the courtroom of the Illinois Supreme Court in Chicago, Illinois.

    Item no.: YY11200013
    Format: DVD
    Duration: Approx. 90 minutes
    Copyright: 2007
    Price: USD 50.00

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    2006-07 NATIONAL APPELLATE ADVOCACY COMPETITION NATIONAL FINALS, PLUS COMPETITION PROBLEM AND BENCH MEMORANDUM

    A civil case involving two issues: (1) whether police authority to search a vehicle incident to arrest should be limited to cases where evidence relevant to the crime of arrest might be found on the vehicle, and (2) whether a shaming punishment imposed as a condition of supervised release violates the Sentencing Reform Act.

    Teams from BYU, J. Reuben Clark Law School and University of Arkansas School of Law-Fayetteville demonstrate their skills in oral advocacy in the 2007 ABA Law Student Division NAAC National Finals.

    This program captures the National Championship final round in its entirety - including the judges' critique. This new DVD also includes the portable document files of the competition problem (the record) and the bench memorandum. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques.

    Use the program and competition problem to help you prepare for next year's NAAC or as a tutorial in effective advocacy techniques.

    The final round was held March 31, 2007 at the courtroom of the Illinois Supreme Court in Chicago, Illinois.

    Item no.: HJ11200014
    Format: DVD
    Duration: Approx. 90 minutes
    Copyright: 2007
    Price: USD 135.00

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    2006-07 NEGOTIATION COMPETITION NATIONAL FINALS, PLUS COMPLETE REGIONAL AND NATIONAL COMPETITION PROBLEMS, INCLUDING CONFIDENTIAL INFORMATION

    Of the 220 teams that entered the 2006-07 ABA Law Student Division Negotiation Competition, only four teams advanced to the final round. This program shows teams from Regent University, John Marshall Law School (Chicago), Creighton University School of Law and Western New England School of Law competing for the Negotiation Competition National Championship. The program captures the final round in its entirety - including the teams' self-analyses and the judges' evaluations.

    This new DVD also includes the portable document files of the complete regional and national competition problems, including the confidential information for both sides and the judges summaries. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques.

    The final round was held February 11, 2007 at the Marriott Biscayne Bay during the ABA's Midyear Meeting in Miami, Florida.

    Use the program and competition problems to help you prepare for the Negotiation Competition or as a demonstration of effective negotiation techniques.

    Item no.: HU11200015
    Format: DVD
    Duration: Approx.165 minutes
    Copyright: 2007
    Price: USD 135.00

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    2006-07 NEGOTIATION COMPETITION NATIONALS FINALS

    Of the 220 teams that entered the 2006-07 ABA Law Student Division Negotiation Competition, only four teams advanced to the final round. This program shows teams from Regent University, John Marshall Law School (Chicago), Creighton University School of Law and Western New England School of Law competing for the Negotiation Competition National Championship. The program captures the final round in its entirety - including the teams' self-analyses and the judges' evaluations.

    The final round was held February 11, 2007 at the Marriott Biscayne Bay during the ABA's Midyear Meeting in Miami, Florida.

    Use the program to help you prepare for the Negotiation Competition or as a demonstration of effective negotiation techniques.

    Item no.: FF11200016
    Format: DVD
    Duration: Approx.165 minutes
    Copyright: 2007
    Price: USD 50.00

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    STICKS & BRICKS: LEARN THE CONSTRUCTION PROCESS FROM THE EXPERTS

    Taught by leading industry professionals, the programs present a unique opportunity for both new and seasoned construction lawyers, and for engineers, contractors and other construction industry participants, to learn the key elements of all aspects of construction systems and technology - from site work and foundations to structural steel, from building enclosures to mechanical systems. This program is designed to provide an exceptional training opportunity for law firms and construction industry businesses, giving those new to construction the knowledge to identify issues and ask better questions. For that reason, this program is particularly vital to construction lawyers who, in order to practice effectively, need to understand how buildings are constructed, and how building systems operate after construction is complete.

    The program consists of the following session:
  • Site Work/Foundations
  • Concrete
  • Steel
  • Roofing
  • Masonry
  • Curtainwall
  • HVAC/MEP

    System Requirements
  • DVD-ROM drive-equipped Windows PC with Windows Media Player® or Quicktime Player® software installed

    Item no.: EG11200057
    Format: 2 DVD-ROMs
    Duration: 352 minutes
    Copyright: 2007
    Price: USD 395.00

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    2006 CLIENT COUNSELING COMPETITION NATIONAL FINALS 2006 CLIENT COUNSELING COMPETITION NATIONAL FINALS

    The top three teams in the 2006 ABA Law Student Division Client Counseling Competition square off in this informative program. Learn effective interviewing, planning, and relationship-building techniques while watching South Texas College of Law compete against Pace Law School and William S. Boyd School of Law, UNLV.

    This program captures the National Championship final round, including the judges' evaluation. Due to a technical glitch, the beginning few minutes of the third team's presentation was cut off.

    The final round was held March 18, 2006 at Stetson College of Law in St. Petersburg, Florida.

    Use the program to help you prepare for the Client Counseling Competition or as a demonstration of preventive law and the counseling functions of law practice.

    Item no.: HY11200005
    Format: DVD
    Duration: Approx. 3 hours
    Copyright: 2006
    Price: USD 50.00

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    2006 CLIENT COUNSELING COMPETITION NATIONAL FINALS, PLUS COMPLETE REGIONAL AND NATIONAL COMPETITION PROBLEMS, INCLUDING CONFIDENTIAL INFORMATION FOR CLIENTS

    The top three teams in the 2006 ABA Law Student Division Client Counseling Competition square off in this informative program. Learn effective interviewing, planning, and relationship-building techniques while watching South Texas College of Law compete against Pace Law School and William S. Boyd School of Law, UNLV.

    This program captures the National Championship final round, including the judges' evaluation. Due to a technical glitch, the beginning few minutes of the third team's presentation was cut off. This new DVD ROM also includes the portable document files of the complete regional and national competition problems, including the clients' confidential information. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques.

    The final round was held March 18, 2006 at Stetson College of Law in St. Petersburg, Florida.

    Use the program and competition problems to help you prepare for the Client Counseling Competition or as a demonstration of preventive law and the counseling functions of law practice.

    Item no.: VV11200006
    Format: DVD
    Duration: Approx. 3 hours
    Copyright: 2006
    Price: USD 135.00

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    2006 NATIONAL APPELLATE ADVOCACY COMPETITION NATIONAL FINALS, PLUS COMPETITION PROBLEM AND BENCH MEMORANDUM

    A Civil Case Involving Two Issues:

    (1) whether ¡± 2 of the Voting Rights Act of 1965 should be interpreted to encompass a state's felon disenfranchisement statute and (2) if so, whether ¡± 2 is unconstitutional as applied to the felon disenfranchisement statute.

    Teams from Regent University School of Law and Seton Hall University School of Law demonstrate their skills in oral advocacy in the 2006 ABA Law Student Division NAAC National Finals.

    This program captures the National Championship final round in its entirety - including the judges' critique. This new DVD ROM also includes the portable document files of the competition problem (the record) and the bench memorandum. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques.

    Use the program and competition problem to help you prepare for next year's NAAC or as a tutorial in effective advocacy techniques.

    The final round was held April 8, 2006 at the courtroom of the Illinois Supreme Court in Chicago, Illinois.

    Item no.: EA11200007
    Format: DVD
    Duration: Approx. 90 minutes
    Copyright: 2006
    Price: USD 135.00

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    2006 NEGOTIATION COMPETITION NATIONAL FINALS, PLUS COMPLETE REGIONAL AND NATIONAL COMPETITION PROBLEMS, INCLUDING CONFIDENTIAL INFORMATION FOR CLIENTS

    Of the 212 teams that entered the 2005-06 ABA Law Student Division Negotiation Competition, only four teams made it to the final round. This program shows teams from Harvard Law School, Seattle University School of Law, William S. Boyd School of Law - UNLV and Thomas Jefferson School of Law competing for the Negotiation Competition National Championship. The program captures the final round in its entirety - including the teams' self-analyses and the judges' evaluations.

    This DVD ROM also includes the portable document files of the complete regional and national competition problems, including the confidential information for both sides and the judges summaries. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques.

    The final round was held February 12, 2006 at the Hyatt Regency Chicago during the ABA's Midyear Meeting in Chicago, Illinois.

    Use the program and competition problems to help you prepare for the Negotiation Competition or as a demonstration of effective negotiation techniques.

    Item no.: FZ11200008
    Format: DVD
    Duration: Approx. 2 hours
    Copyright: 2006
    Price: USD 135.00

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    2006 NEGOTITION COMPETITION NATIONAL FINALS

    Of the 212 teams that entered the 2005-06 ABA Law Student Division Negotiation Competition, only four teams advanced to the final round. This program shows teams from Harvard Law School, Seattle University School of Law, William S. Boyd School of Law - UNLV and Thomas Jefferson School of Law competing for the Negotiation Competition National Championship. The program captures the final round in its entirety - including the teams' self-analyses and the judges' evaluations.

    The final round was held February 12, 2006 at the Hyatt Regency Chicago during the ABA's Midyear Meeting in Chicago, Illinois.

    Use the program to help you prepare for the Negotiation Competition or as a demonstration of effective negotiation techniques.

    Item no.: PA11200009
    Format: DVD
    Duration: Approx. 2 hours
    Copyright: 2006
    Price: USD 50.00

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    2006-07 ARBITRATION COMPETITION NATIONAL FINALS

    The second annual Arbitration Competition took place November 17-19, 2006 in Austin, Texas. Twenty seven teams from 23 ABA-approved law schools entered the competition. Twelve teams advanced to the National Competition. The winners of the semifinal round, Stetson University College of Law and Texas Tech University, met in the final round.

    This program captures the National Championship final round in its entirety, from opening statements, witness examinations, exhibit introductions, evidentiary presentations and summations to the judges' evaluation.

    The final round was held November 19, 2006 at the University of Texas School of Law in Austin, Texas.

    Use the program to help you prepare for the Arbitration Competition or as a demonstration of effective arbitration advocacy on behalf of a client.

    Item no.: GA11200010
    Format: DVD
    Duration: Approx. 3 hours
    Copyright: 2006
    Price: USD 50.00

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    ADVANCED ARBITRATION INSIGHT: 20/20

    This product for arbitration training raises some of the more sophisticated issues in complex commercial arbitrations. The format consists of 20 vignettes depicting several stages of a simulated arbitration from pre-arbitration through post-award phases. Each vignette is followed by a series of three or four questions that raise probing issues for discussion. The simulation is based on a hypothetical situation developed by Rich Chernick, Vice President and Managing Director of JAM's Arbitration Practice and Chair of the ABA Advanced Arbitration Training Institute. The principal drafters of the vignettes included: John Phillips, an arbitrator and mediator with the law firm Husch Blackwell Sanders LLP in Kansas City; Dennis Sharp, an ADR Neutral with Sharp Resolutions and part time law professor at California Western School of Law in San Diego; and, Dean Emeritus Lani Bader of Golden Gate University School of Law, a full time arbitrator. The accompanying Discussion Guide, written by Dennis Sharp, John Phillips and Carl Ingwalson, an arbitrator and mediator with the law firm Phillips, Haskett and Ingwalson PC in San Diego, contains a list of references to assist professors and trainers in the discussion of each DVD segment; this guide is also an excellent source of authorities and references for advocates and arbitrators. The production was a joint project of the Arbitration and the Advocacy & Corporate ADR Committees of the Section of Dispute Resolution of the ABA.

    Sponsored by the University of Missouri School of Law, College of Commercial Arbitrators, and International Institute for Conflict Prevention and Resolution (CPR Institute).

    Item no.: DS11200036
    Format: DVD (With Reference Guide)
    Copyright: 2006
    StdBkNo: 1590317351
    Price: USD 100.00

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    TRIAL LAWYER, THE: WHAT IT TAKES TO WIN

    David Berg knows how to win cases. And he knows how to tell a story. In The Trial Lawyer: What It Takes To Win Berg puts both skills to dazzling use in two instructive and engaging DVDs that demonstrate how you can win at trial. With particular emphasis on developing the skills of young lawyers, Berg examines key aspects of a trial, including voir dire, direct and cross examination, opening and closing arguments and witness preparation. He shares experiences from his 39 years of trial practice, including criminal, civil and commercial cases, to illustrate how to use the techniques effectively. The DVDs include 3 hours of lectures and mock trial demonstrations, including a unique and invaluable segment on witness preparation. The DVDs also come with the paperback edition of the best-selling book, The Trial Lawyer.

    David Berg is insightful, direct, personable and passionate about being a trial lawyer. His strategies and techniques will help you win -- whether you define winning as a decisive verdict decision or an outstanding settlement. Not just another program on trial techniques, The Trial Lawyer: What It Takes To Win provides a unique opportunity to learn from one of the country's most extraordinary speakers, writers and trial lawyers.

    Reviews
  • "My father made his living as a lawyer. My elder brother used to practice his cross-examination technique on me and thus rose to be Australia's attorney-general. It might be said that I grew up with the law. But I can swear on a stack of bibles that I have never read a book about the nuts and bolts of forensic skill, about how to win cases and influence judges and juries, as expert, perceptive, precise and, often, as outright funny as David Berg's. I hope that I never need the professional services to which his book is a guide, but if I do I pray my defender will have read and memorized every last word of it." - Robert Hughes, Author of The Fatal Shore, Former art critic of Time magazine

  • "I think of David as a people's trial lawyer in the Clarence Darrow tradition. He has tried almost every type of case from murder to patent infringement. He has an ability to persuade jurors that is the equal of any practitioner I know." - Morris Dees, Southern Povery Law Center, Montgomery AL

  • "Among his many talents, David Berg, one of the most successful trial lawyers of our time, is a master storyteller. His trial tales will keep you glued to this book in the same way his courtroom presentations have kept jury after jury perched on the edge of their seats." - Charles D. Tobin, Editor, Litigation,

  • "Presented by a real trial lawyer for lawyers and law students who want to be real trial lawyers. At a time when calling someone a trial lawyer is a dirty word, David Berg reminds us why we pledged to zealously represent our clients. More than just trial techniques, it is full of practical tips and advice that could only come from someone who has tried cases successfully for decades. David's tips on voir dire and "elevating the bias" are worth the price of admission alone, to say nothing of his advice about all the trial skills." - Professor Tracy W. McCormack, University of Texas Law School

  • "Every lawyer who has ever stepped in front of a jury (or wants to) must read this book. It's short, clear, funny, insightful and it rings true. There is more to learn here in any single chapter than you can find in twenty "how to" books. And, it is organized in a way that matters to real trial lawyers. I just wish Berg hadn't stolen my best stuff!" - James W. Quinn, Weil, Gotshal & Manges LLP, New York NY

  • "David has produced a tour de force: a primer on how best to present your case at trial that is comprehensive and helpful -- and immensely entertaining. What comes through on every page, indeed in every illustrative tale drawn from David's extensive trial experiences, is that David loves his day job and is a true master of effective advocacy. In an era when fewer and fewer lawyers get to try cases, this book can help you maximize those opportunities. Don't miss it!" -
    Scott Atlas, Weil, Gotshal & Manges LLP, Houston TX

    Item no.: MT11200059
    Format: 2 DVDs (With Publication)
    Duration: 3 hours
    Copyright: 2006
    StdBkNo: 9781604426137
    Price: USD 280.00

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    2005 CLIENT COUNSELING COMPETITION NATIONAL FINALS

    The top three teams in the 2005 ABA Law Student Division Client Counseling Competition square off in this informative program. Learn effective interviewing, planning, and relationship-building techniques while watching the William S. Boyd School of Law, UNLV compete against the University of Oklahoma College of Law and the University of Victoria Faculty of Law.

    This program captures the National Championship final round in its entirety, including the judges evaluation.

    Use the program to help you prepare for the Client Counseling Competition or as a demonstration of preventive law and the counseling functions of law practice.

    The final round was held March 12, 2005 at Chapman University School of Law in Orange, California.

    Item no.: WM11200002
    Format: DVD
    Copyright: 2005
    Price: USD 50.00

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    2005 CLIENT COUNSELING COMPETITION NATIONAL FINALS AND COMPETITION PROBLEMS

    The top three teams in the 2005 ABA Law Student Division Client Counseling Competition square off in this informative program. Learn effective interviewing, planning, and relationship-building techniques while watching the William S. Boyd School of Law, UNLV compete against the University of Oklahoma College of Law and the University of Victoria Faculty of Law.

    This program captures the National Championship final round in its entirety, including the judges' evaluation. This new DVD ROM also includes the portable document files of the complete regional and national competition problems, including the clients' confidential information. Viewers will gain greater insight to the competitors' presentation, as well as the judges' critiques.

    Use the program to help you prepare for the Client Counseling Competition or as a demonstration of preventive law and the counseling functions of law practice.

    The final round was held March 12, 2005 at Chapman University School of Law in Orange, California.

    Item no.: NS11200003
    Format: DVD
    Copyright: 2005
    Price: USD 135.00

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    2005 NEGOTIATION COMPETITION NATIONAL FINALS

    Of the 196 teams that entered the 2004-05 ABA Law Student Division Negotiation Competition, only four teams made it to the final round. This program shows teams from Vermont Law School, Texas Tech University School of Law, Hamline University School of Law and The University of Western Ontario competing for the Negotiation Competition National Championship. The program captures the final round in its entirety - including the teams' self-analyses and the judges' evaluations.

    Use the program to help you prepare for the Negotiation Competition or as a demonstration of effective negotiation techniques.

    The final round was held February 13, 2005 at the Sheraton City Centre Hotel in Salt Lake City, Utah.

    Item no.: YE11200004
    Format: DVD
    Copyright: 2005
    Price: USD 50.00

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    ARE YOU READY? WHAT LAWYERS NEED TO KNOW ABOUT EMERGENCY PREPAREDNESS AND DISASTER RECOVERY

    Produced to help local communities and the lawyers who advise them become better able to plan for, manage, respond to, and recover from potential disasters, this documentary-style video program addresses key legal issues in emergency preparedness, response and recovery. It brings together lawyers and other experts from around the nation with experience in responding to catastrophic events. They describe in simple but powerful ways how lawyers can help prepare their communities and the nation for the effects of natural disasters, such as hurricanes, floods, earthquakes, or tornados, and man-made disasters, such as terrorist attacks or biological warfare. Whether discussing the response to an urban forest fire in Albuquerque, the challenge of continuing operations after a disaster on the scale of the World Trade Center collapse, or the destruction caused by a hurricane in Florida, their advice has a practical edge.

    Topics addressed are:
  • The Role of the Lawyer - drafting multi-jurisdictional agreements and limiting liability exposure while enabling response
  • Prevention and Mitigation - enforcing building and flood plain management codes
  • Preparedness and Response - continuity of operations and tips on keeping your office open
  • Organizing Resources for Response
  • Recovery - mutual aid agreements and National Incident Management System
  • Recovery - procedures to assure FEMA reimbursement and land use issues raised by disaster housing programs

    The program aims to stimulate audience members to enhance their "pre-event" emergency planning, and to increase awareness of the legal resources that are available in planning for and coping with disaster.

    Item no.: HH11200038
    Format: DVD (With Publication)
    Duration: 70 minutes
    Copyright: 2005
    Price: USD 50.00

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    ETHICAL NEGOTIATOR, THE

    The art of negotiation cuts across contract formation, performance, and dispute resolution.

    A lawyer should represent clients zealously, but where does such representation cross the line into unethical behavior? May an attorney bluff, exaggerate, or withhold information?

    May an attorney misrepresent the client's real position or the facts for negotiating purposes? These and other ethical issues will be at the forefront as our speaker explores the ethics of negotiation.

    System Requirements
  • DVD-ROM drive-equipped Windows PC with Windows Media Player® or Quicktime Player® software installed

    Item no.: YU11200043
    Format: DVD-ROM
    Duration: 52 minutes
    Copyright: 2005
    Price: USD 139.00

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    ETHICS & PROFESSIONAL RESPONSIBILITY, LITIGATION

    Practicing lawyers, judges, and law professors draw from their experience to discuss ethical issues that have concerned them in their practice and provide practical advice on solving these issues.

    A critical part of learning about ethical rules is understanding how they apply in practice. The six sections of this program address:

    Candor and Truth
  • False testimony
  • Disclosure of errors
  • Deposition preparation
  • Document discovery
  • Vague requests for production
  • Disclosure of identity
  • Witness preparation
  • Candor to the court

    The Client-Lawyer Relationship
  • Forming the client-lawyer relationship
  • Dangers of casual legal advice
  • Dangers of the "beauty contest"
  • Who is the client?
  • Instructions from clients

    Conflicts
  • Conflicts and potential clients
  • Representing members of boards of directors
  • Tracking conflicts
  • Unanticipated conflicts
  • Phantom conflicts
  • Positional conflicts

    Privilege and Confidentiality
  • Protecting the privilege
  • Interviewing employees
  • Inadvertent disclosure
  • Protecting privileged documents in discovery
  • Safeguarding client confidences

    Model Rule 4.2
  • Contact with former employees
  • Communication with adverse party
  • Ex parte contacts

    Other Issues
  • Opening statements
  • Experts
  • Physical evidence in civil cases
  • Purchase of evidence
  • Deadlines and the court
  • Ex parte communications with judges
  • Changing law firms
  • Ethical issues in mediation

    Item no.: PH11200044
    Format: DVD
    Duration: 118 minutes
    Copyright: 2005
    Price: USD 125.00

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    SELECTING THE MOST APPROPRIATE METHODS FOR INSURING THE PARTIES AND THE WORK

    On this DVD-ROM, our panelists describe alternative means of covering the various parties to construction project and how to decide which coverages are best suited for the project as a whole. For example, should insurance be owner controlled or contractor controlled?

    When is wrap-up insurance better than multi-tiered overlapping insurance? What is an appropriate insurance company rating and how do you determine appropriate insurance limits? What coverages do you need, and what language should be in your contract to obtain and properly coordinate those coverages?

    System Requirements
  • Windows PC with Windows Media Player® or Quicktime Player® software installed

    Item no.: DL11200054
    Format: DVD-ROM
    Duration: 56 minutes
    Copyright: 2005
    Price: USD 139.00

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    SELECTING THE OPTIMAL PROJECT DELIVERY METHOD

    This program will focus on how to select among the myriad of available project delivery methods, identifying advantages and disadvantages of each from the standpoints of the principal participants, owners, designers, and contractors.

    System Requirements
  • DVD-ROM drive-equipped Windows PC with Windows Media Player® or Quicktime Player® software installed

    Item no.: KJ11200055
    Format: DVD-ROM
    Duration: 76 minutes
    Copyright: 2005
    Price: USD 139.00

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    TECHNIQUES OF CONTRACT DRAFTING: HOW TO PUT TOGETHER AND WRITE A CONTRACT

    Often, how you put your contract together can be as important as what you put in the contract. This program demonstrates a practical approach to presenting, organizing, and drafting a business agreement. Using an 81-slide presentation, the faculty cover the following topics and more:

    Document design - the visuals
  • Which fonts to use
  • Use of caption and headings

    Drafting techniques - Making the contract easy to read and understand through
  • bite-size chunks
  • bullets and lists
  • proper placement of modifying clauses
  • avoidance of non-linear drafting

    Plain English
  • Use of active voice
  • Importance of commas
  • Elimination of legalese and archaic terminology

    Agreement structure
  • Recitals
  • Definitions
  • Principal agreements
  • Representations and warranties
  • Other covenants
  • Default
  • Boilerplate

    The course materials include the presentation slides and the 43-page article "Boilerplate: How to Stay Out of Trouble," which includes samples of clauses used for discussion.

    Item no.: NE11200058
    Format: DVD
    Duration: 2 hours
    Copyright: 2005
    Price: USD 195.00

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    171 WAYS TO IMPROVE YOUR DISCOVERY TECHNIQUES: A TREASURY OF IDEAS FROM LEADERS IN THE SECTION OF LABOR AND EMPLOYMENT LAW

    Discovery is the most active portion of one's litigation practice. It is the very foundation on which litigation rests. A good discovery plan is the key to winning cases, either through dispositive motions or at trial. Conversely, a poor discovery plan can throw an entire case off course, resulting in wasted time and money. In this program, the CLE Committee of the ABA Section of Labor and Employment Law has gathered together a group of experienced employment lawyers from across the country who will give you practical ways to improve your discovery techniques.

    The program includes:
    Part One:
  • Informal discovery and investigation
  • Declarations and affidavits
  • Documents and requests for production
  • Interrogatories and requests for admissions
  • Medical exams and medical records
  • Depositions
  • Preparing the plaintiff for the deposition

    Part Two:
  • Deposing the plaintiff
  • Deposing defense witnesses
  • Rule 30(b)(6) depositions
  • Documents at deposition
  • Video depositions
  • After-acquired evidence
  • Planning discovery
  • Dealing with the obstructive opponent
  • Losing a case in discovery: mistakes to avoid

    Item no.: DZ11200001
    Format: DVD (With Study Guide)
    Duration: 200 minutes
    Copyright: 2003
    Price: USD 225.00

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    EFFECTIVE ADVOCACY IN MEDIATION

    In this program faculty discuss ways to be an effective advocate for your client before, during, and at the conclusion of the mediation session.

    Topics examined include:
  • Pre-mediation considerations - selecting the style of the mediation, selecting the mediator, and online mediation
  • Preparing for the mediation - researching and analyzing the case and the needs, goals, and interests of the parties, and the pre-mediation conference
  • Preparing the client for mediation - understanding the client's expectations, explaining the process to the client, and undertanding the "problem" client
  • Effective advocacy in the mediation session - the opening statement, negotiating techniques in mediation, styles of advocacy, making good use of the mediator, communicating risk, using caucuses, and creative problem solving
  • Settlement agreements - writing the settlement agreement
  • Ethical considerations - the application of codes of ethics to mediation, best interest of the client, confidentiality, roles of the client and advocate, good faith participation, and encouraging informed consent

    Item no.: CF11200040
    Format: DVD (With Study Guide)
    Duration: 105 minutes
    Copyright: 2003
    Price: USD 175.00

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    EFFECTIVE MEDIATOR PRACTICE

    In this program faculty discuss techniques to help you become a more effective mediator. They also suggest ways that those beginning in the field can build their mediation practice. Topics discussed include:

  • Developing a mediation practice - developing skills and marketing your practice

  • Practice tips for mediators - preparing for mediation, mediation agreements, pre-mediation arrangements, setting the tone, active licensing, identifying interests and ways forward, using visual aids, encouraging creative solutions, preventing stalled negotiations, breaking an impasse, gaining closure, settlement agreements, and settlements that stick

  • Ethical considerations - confidentiality, mediator fees, party self-determination, informed consent, competence, and impartiality

  • Pre-mediation considerations - selecting the style of the mediation, selecting the mediator, and online mediation

    Item no.: TM11200041
    Format: DVD (With Course Materials)
    Duration: 95 minutes
    Copyright: 2003
    Price: USD 175.00

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    MEDIATION MADNESS: ADVANCED MEDIATION ADVOCACY SKILLS IN TEN VIGNETTES

    The 2003 DVD, written by John Phillips and Larry Rute, contains ten vignettes demonstrating poorly executed mediation representation strategy by lawyers engaged in an employment mediation with their clients. Each vignette is followed by questions in a stop-action format to propel thoughtful discussion of better representation techniques. The accompanying 2008 Discussion Guide, written by Cathy Cronin-Harris, contains debriefing considerations for each question and a limited list of references to help presenters enhance their appreciation of each DVD segment and question. Cited references in the Guide include a discrete number of ABA Dispute Resolution Section publications along with a few practical texts that attorneys use to develop mediation representation know-how.

    Item no.: ND11200050
    Format: DVD (With Discussion Guide)
    Duration: Approx. 25 minutes
    Copyright: 2003
    StdBkNo: 1604422815
    Price: USD 100.00

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    PREPARING WITNESSES

    In this two-and-a-half-hour program, five experienced trial lawyers share their skills in preparing witnesses. As they explain techniques and methods to use to effectively prepare witnesses, their discussion is illustrated by fourteen short, dramatized vignettes showing excerpts from preparation sessions and deposition and trial testimony.

    Part I - Techniques That Work (Disposition, Demeanor and Documents) runs 57 minutes and focuses on general witness preparation techniques.

    Part II - Tricks of the Trade (Perception, Pauses and Precision) runs 46 minutes and addresses how to prepare your witness for the questioning "tricks" of opposing counsel.

    Part III - Traps for The Unwary (Hearsay, Heresy and Hand-raising) runs 48 minutes and examines ways to improve the manner and method in which the witness responds to questions of various types.

    Part IV - Bonus: Selected Vignettes runs 7 minutes and consists of selected vignettes from the program, without discussion; it can be used to illustrate issues when preparing witnesses or as part of an in-house discussion on witness preparation techniques.

    Item no.: DY11200051
    Format: DVD (With Study Guide)
    Duration: 158 minutes
    Copyright: 2003
    Price: USD 255.00

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    RAINDANCE: RAINMAKING SKILLS FOR WOMEN LAWYERS

    Can one be a rainmaker without playing golf? Absolutely! This program, produced by the Woman Advocate Committee of the Section of Litigation, provides practical and proven tips for developing business - which takes into account our busy lives and commitments outside of the office. This 60-minute program taps into the minds of ten women rainmakers in small and large firms who, in lively interviews, reveal marketing strategies that have worked for them. The program also includes interviews of in-house counsel and professionals who will share - from a client's perspective - marketing efforts that ultimately work and those that are ineffective. This program is designed to benefit junior and senior lawyers alike in helping them develop a book of business, which is vital to gaining professional autonomy and reaching the upper echelon of the legal profession.

    Item no.: HT11200052
    Format: DVD (With Study Guide)
    Duration: 1 hour
    Copyright: 2003
    Price: USD 89.00

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    64 WAYS TO BUILD AN EXCELLENT LITIGATION PRACTICE: A TREASURY OF IDEAS FROM THE LEADERSHIP OF THE SECTION OF LITIGATION

    Normally, it takes many years to discover the techniques that successful trial lawyers use to develop their skills and build their practice. In 64 Ways to Build an Excellent Litigation Practice, it will only take you two hours to learn valuable techniques from 47 leaders of the Section of Litigation.

    Part 1
    Building Litigation Skills

    An examination of the skills essential to trial lawyers and how to acquire these skills.

    Part 2
    Practicing with Professionalism

    An exploration of ethical and professionalism issues critical to developing an excellent
    trial practice.

    Part 3
    Improving Your Management Skills

    A discussion of innovative client relations, development and marketing ideas.

    Part 4
    Enjoying Life as a Lawyer

    A dozen ways to make your life as a lawyer more satisfying.

    Item no.: MA11200034
    Format: DVD (With Study Guide)
    Duration: 2 hours
    Copyright: 2002
    Price: USD 145.00

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    CRAFTING THE WINNING ARGUMENT

    Three experienced trial lawyers show you how to develop a persuasive argument tailored to the situation at hand, built on a solid foundation of credibility, reason and evidence, powered with engaging emotion, and delivered in an appealing way. Using practical examples to illustrate the principles of effective argument, they show you how to analyze the elements and draw them all together into a convincing whole.
    Watch the faculty discuss and prepare arguments that will be effective at different stages of litigation: the settlement discussions; the summary judgment motion; the mediation session; and the actual trial.

    The faculty members are not only persuasive trial lawyers; they have studied the art of persuasion and are authors of the book The Winning Argument, published by the ABA Section of Litigation in 2001.

    Item no.: TS11200039
    Format: DVD (With Study Guide)
    Duration: 110 minutes
    Copyright: 2002
    Price: USD 195.00

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    73 WAYS TO WIN: A TREASURY OF LITIGATION TACTICS AND STRATEGIES

    This program is a rare opportunity to learn from 73 of the country's top trial advocates. Brought together by the Section of Litigation and asked to give their top litigation tips, the participants draw on 1,757 years of collective litigation experience to provide concrete, practical advice that is packed with examples, and do's and don'ts. In just 157 minutes, you will learn 73 ways to improve your trial practice and suggestions that you can use from the beginning of the case through the appeal.

    Part One:
  • Persuading the Jury
  • Effective Trial Themes
  • Focus Groups and Shadow Juries
  • Voir Dire

    Part Two:
  • Opening Statements and Closing Arguments
  • Direct and Cross Examination
  • Expert Witnesses
  • Technology in Litigation

    Part Three:
  • Depositions
  • Settlement
  • Dealing with Clients
  • Cooperating with Other Counsel
  • Dealing with Children
  • Dealing with the Media
  • Strategic Issues
  • Appeals

    Item no.: TT11200035
    Format: DVD (With Study Guide)
    Duration: 157 minutes
    Copyright: 2001
    Price: USD 125.00

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    HOT TOPICS IN DISPUTE RESOLUTION: TO TELL THE TRUTH? HONESTY AND ETHICS IN LITIGATION, SETTLEMENT NEGOTIATION, AND MEDIATION

    Lawyers representing clients in disputes believe that they hold themselves to high ethical standards. Yet they face innumerable situations in litigation, settlement negotiation, and mediation in which telling "the truth, the whole truth, and nothing but the truth" may be, or may seem to be, inconsistent with accomplishing their clients' objectives. Many contend that the Rules of Professional Conduct and other ethics guidelines provide little practical assistance to lawyers facing truth-telling challenges. In this highly interactive discussion of a series of difficult practice vignettes, this panel of trial lawyers and ethics and dispute resolution experts explores critical real-life, truth-telling dilemmas and suggests practical and ethical solutions.

    Item no.: ZN11200046
    Format: DVD (With Study Guide)
    Duration: 90 minutes
    Copyright: 2001
    Price: USD 175.00

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    MAKING THE ORAL ARGUMENT: THE VIEW FROM THE INSIDE OUT

    This program takes you inside the minds of advocates and judges as they prepare for and conduct the appeal in a dispute over liquidated damages. Before oral argument begins, the advocates explain their strategies and preparation techniques, the points they hope to emphasize, and the weaknesses they see in their cases. The judges then provide you with their preliminary analyses of the case and discuss the questions they hope to have answered during argument. After the argument, the members of the Court analyze the arguments and discuss tactics and strategies informally with the other participants.

    Item no.: RA11200048
    Format: DVD (With Coursebook)
    Duration: 80 minutes
    Copyright: 1996
    Price: USD 195.00

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    SCIENCE OF CROSS EXAMINATION WITH TERENCE MACCARTHY, THE

    In this program, Terence MacCarthy explains and demonstrates his innovative system of cross examination. He gives straightforward methods to control the intractable witness, enhance jurors' receptiveness to your themes, structure your cross examination with transitions, respond to objections, and give your side of the case an aura of power and infallibility.

    Item no.: GE11200053
    Format: DVD (With Study Guide)
    Duration: 140 minutes
    Copyright: 1992
    Price: USD 125.00

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    MASTERING THE ART OF CROSS EXAMINATION WITH IRVING YOUNGER

    This seminar brings together a unique group of nationally recognized legal talent in engaging demonstrations of cross examination, and includes energetic lectures and interviews by the late Professor Irving Younger.

    Each of the 11 programs in the series takes an in-depth look at how to conduct an effective cross examination of a particular type of trial witness. Professor Younger begins each program by discussing the problems an attorney encounters with that type of witness. He explores the various cross examination techniques available to overcome the problems and the potential pitfalls involved. Each program continues with a demonstration cross examination. Professor Younger follows each demonstration with probing interviews of those who conducted the demonstration. He questions them about the techniques they used, how the examination fits into their theory of the case, and how the cross examination could be used in closing argument.

  • Cross Examining the Well-Prepared Witness
  • Cross Examining the Sympathetic Witness
  • Cross Examining the Hostile Witness
  • Cross Examining the Biased Witness
  • Cross Examining the Eyewitness
  • Cross Examining the Child Witness
  • Cross Examining the Witness of the Opposite Sex
  • Cross Examining the Law Enforcement Witness
  • Cross Examining the Expert Medical Witness
  • Cross Examining the Expert Accountant Witness
  • Cross Examining the Expert Attorney Witness

    Item no.: JC11200049
    Format: DVD (With Planner's Guide)
    Duration: 510 minutes
    Copyright: 1987
    Price: USD 895.00

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