December 12, 2017

CBA-CLE Welcomes Vincent O’Brien, Our New Executive Director

CBA-CLE is proud to welcome Vincent “Vince” O’Brien as our new Executive Director. Vince hails from Minnesota, where he was Assistant Director and Program Attorney at Minnesota CLE. He has been at Minnesota CLE since 1987. Vince also spent 20 years working as a firefighter and EMT for the Hastings Fire Department in Minnesota, and he is active on his local school board. Prior to his work at Minnesota CLE, Vince was a public defender and in private practice, where he practiced in the areas of probate, estate planning, family law, business planning, and criminal defense.

Vince is a proud husband to Amy, an ER nurse, and father of five children ranging in ages from 24 to 3. He likes to run and work out in his spare time, and he loves great literature. When asked about a favorite sports team, Vince wisely declined to comment (this is Broncos Country, after all), but mentioned that Amy is a Green Bay Packers fan.

CLE was a natural fit for Vince, because he is passionate about life-long learning and all it entails. He has worked two jobs for most of his adult life; he commented that working at CBA-CLE will be the first time he will have a sole professional objective. Vince notes that he loves to work with attorneys and listen to them and think about their needs: “There’s an obscure note in a translation of ‘The Art of War,’ where, in discussing the five elements, a commentating general talks about seeing the tree on the plain before it grows… I have been very fortunate a few times to ‘see the tree’ in my work in CLE.”

Vince plans 33 seminars annually, and notes that one of his favorite and most successful ventures was a series of TED Talk-style programs with the estate planning group. Vince mentioned that he likes all the programs he plans, from the rural agricultural law programs to the large multi-day probate conference. He is looking forward to working with the CBA-CLE members and staff to empower people to do best they can and grow to meet increasingly diversified educational needs.

Before working at Minnesota CLE, Vince was a practicing attorney. When asked about a favorite practice area, Vince said, “Cases where I felt I truly helped people were my favorite—in criminal defense, family law, and Veterans disability appeals.” He related a story where once he used vacation time to try a family law case pro bono. On the first day of trial, the judge called counsel and said that if he were to rule preliminarily on what was in the record, he would rule against Vince’s client. However, after that week of “vacation,” Vince prevailed and his client had a successful outcome.

Education of non-attorneys is also important to Vince—he has been on his local school board in Hastings, Minnesota, for many years, and has been in leadership roles such as the school board chair, vice-chair, treasurer, and secretary. He found that his extensive school board experience helped his continuing legal education work in two ways. First, he took an active role in getting into classrooms and observing how “educational processes, differentiation, and technology, blended with classically wonderful teaching methods and hard work led to evolved learning, data-driven practices, and engaged students.” Vince would like to transfer these teaching models into CLE programming. Second, working on the school board helped him learn to listen respectfully to the different factions and interests to steer vision and focus processes.

CBA-CLE is excited to welcome Vince. His vision for our future is to work together with our great staff and wonderful stakeholders throughout Colorado, to evolve the CLE work as best we can. He is excited to present innovative and important education for attorneys.

Top Ten Programs and Homestudies of 2016: Criminal Law

The year is drawing to a close, which means that the compliance period is ending for a third of Colorado’s attorneys. Still missing some credits? Don’t worry, CBA-CLE has got you covered.

Today on Legal Connection we are featuring the Top Ten Criminal Law Programs and Homestudies. In addition to today’s featured programs and homestudies, CBA-CLE offers several books for criminal law practitioners and many other programs. Find out more here – cle.cobar.org/Practice-Area/Criminal. And now, for the Top Ten Criminal Law Programs and Homestudies…

10. Cell Phone Privacy in the Age of Surveillance: Location Tracking, Searches, and Smart Phone Privacy
This CLE covers the basics of cell phone tracking technology, limitations on its accuracy, and strategies for cross-examining cell phone experts. It also includes a section on the legality of law enforcement searches of cell phones and strategies to keep information private. Order the Video OnDemand here and the MP3 here. Available for 1 general credit.

9. Legal Writing in Criminal Law
This program contains presentations from Robert Mark Russel of the Office of the United States Attorney on Efficient Writing, Honorable Raymond P. Moore of the United States District Court for the District of Colorado on Legal Writing and Motions Practice in Criminal Cases at the Trial Court Level, Honorable Steven L. Bernard of the Colorado Court of Appeals on “Top Ten” Observations About Legal Writing in Criminal Law Cases, Norman R. Mueller of Haddon, Morgan and Foreman, P.C., on Ethics and Legal Writing in Criminal Law Cases, Exploring Efficiency from the Perspective of Both the Reader and the Writer, Motions Practice at the Trial Court Level, and “Top Ten” Observations About Legal Writing in Criminal Law Cases. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 5 general credits, including 1 ethics credit.

8. Felony DUI: The Law and Penalties
Learn the ins and outs of Colorado’s new felony DUI law, which creates a class four felony for a forth offense and also creates new sentencing schemes and alternatives for multiple offenders. Colorado recently became the 47th state to have a felony DUI charge for multiple offenders. Not only does the new law create a felony offense for fourth offenses, but it redefines the sentencing criteria for multiple offenders and gives courts more options for punishment and rehabilitation. Learn about the intricacies of the new law as well as a general DUI law update from one of Colorado’s top criminal and DUI defense attorneys, Jay Tiftickjian. Order the Video OnDemand here and the MP3 here. Available for 1 general credit.

7. The NEW Criminal Jury Instructions AND Criminal Law Motions Practice: Criminal Law Spring Update 2015
On September 3, 2014, the Colorado Supreme Court announced the release of new Model Criminal Jury Instructions. The Colorado Supreme Court Model Criminal Jury Instructions Committee developed the new model instructions since its official creation in October 2011, and intends to keep the instructions up to date by issuing periodic supplements or new editions. The entire first half of the Spring Update is devoted to the new instructions. Not only will you hear from the Reporter of Model Criminal Jury Instructions Committee, but you’ll also hear a panel presentation on how the new instructions are working. Knowing how to craft a persuasive pretrial motion is essential to your criminal law practice, whether you sit on the prosecution or defense side of the aisle. The second half is be devoted to persuasive motions practice. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1 ethics credit.

6. Search & Seizure Law in Colorado: Update and Overview
Not one word of the Fourth Amendment has changed in over 200 years, but search and seizure law is constantly evolving, as new cases are added to the Fourth Amendment mosaic. Staying current on the latest developments in this area of the law can be difficult and overwhelming. This half-day seminar will give practitioners an overview of search and seizure law, while highlighting the latest decisions from the U.S. Supreme Court and Colorado appellate courts. It is designed to be useful for both experienced criminal law experts, as well as new practitioners. Each homestudy order receives a PDF copy of the CBA-CLE book, Search & Seizure Law in Colorado, as part of the course materials for this program. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 4 general credits.

5. DUI Basics: A Nuts-and-Bolts Approach
This program is geared for anyone who practices DUI defense. It is a “nuts-and-bolts” approach with a strong emphasis on defending drug-related DUI cases. The information provided will assist attorneys who have never litigated a DUI case before, as well as the most seasoned DUI defenders. With faculty members who are considered some of the best litigators in the DUI criminal bar, as well as county court judges who can explain the intricacies of DUI and sobriety court, this seminar is certain to give you the tools to succeed when representing a client facing a driving under the influence of alcohol or drugs charge. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits, including 1 ethics credit.

4. Restorative Justice
Restorative justice laws have been on the books in Colorado for over a decade. Learn what they are, what restorative justice IS and IS NOT, and how restorative justice practices can serve you and your clients. Restorative Justice Council Members Judge Martin Gonzales, Assistant District Attorney Robert Miller (19th JD) and Public Defender Elizabeth Porter-Merrill (Appellate Courts CO) join Colorado’s Restorative Justice Coordinator, Deb Witzel to dispel myths and answer your questions. Order the Video OnDemand here and the MP3 here. Available for 2 general credits.

3. Juvenile Jurisprudence: Criminal Law Fall Update 2016
Join Colorado Supreme Court Justice Brian Boatright as he shares United States Supreme Court jurisprudence on juvenile law with you. Then renowned expert Mark Evans will discuss collateral consequences of a conviction in a juvenile case. Next, Dr. Birgit Fisher will lead a fascinating talk on how the risk-need-responsivity model has been used with increasing success to assess and rehabilitate offenders. Get insight on juvenile transfer hearings, as well as sentencing challenges and the unique ethical challenges in juvenile delinquency cases. Your day will end with a panel presentation of young people who will share their experiences about the juvenile detention system in Colorado, including the legal ramifications. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1 ethics credit.

2. DUI and DUID: Advanced Practice
Do you represent clients facing driving under the influence of alcohol or drugs charges? This program will assist seasoned DUI and DUID defenders to better represent their clients. It will also provide those of you who want to defend, or who have been asked to defend, DUI or DUID cases, with important knowledge as well as an update on major issues impacting those cases. The typical, and not so typical, nuances and skills in defending alcohol and drug-related DUI cases, will also be addressed by your faculty of experts. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

1. The Art and Science of Jury Selection: Criminal Law Spring Update 2016
The right to trial by jury in criminal cases is guaranteed by the Sixth Amendment to the U.S. Constitution, as well as the laws of every state. “Voir dire,” is Latin for “to speak the truth.” In voir dire, the judge and attorneys for both sides ask potential jurors questions to determine if they are competent and suitable to serve in the case. Most attorneys would agree there is both a science and an art to voir dire, and that your case can either be won or lost at this stage. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits, including 1 ethics credit.

The Internet of Things: A Disrupter? Precarious? The Jetsons?

IP_2016By John Ritsick, Esq.

Predictions about how much and how quickly technology will change the world can vary – we all can ask “where’s my flying car” now that the 2015 of “Back to the Future has come and gone and we still don’t have those flying cars. But the impact of The Internet of Things (IoT) will be significant, and the scope and scale can be mind-boggling. The IoT is the network of physical objects—devices, vehicles, buildings, and other items—embedded with electronics, software, sensors, and network connectivity that enables these objects to collect and exchange data. I work in the manufacturing industry and see the changes coming before they are close to the market, and I am constantly blown away by what we know is coming.

Nearly every industry and every type of tangible item is a potential participant in the IoT. The industries affected include automotive, transportation, city infrastructure, homes and household goods, retail stores—virtually all industries can potentially be incorporated into the IoT. Self-driving cars necessarily mean the car is connected to the Internet and is “smart” technology, but a self-driving car also means that other cars and vehicles are connected, that the roads the cars drive on and traffic systems are part of a larger environment, and that our emergency response services are connected as well.

I’ll be moderating a talk on the IoT at the 2016 Rocky Mountain IP & Technology conference in Denver in June. My colleague at Flex, Kenji Takeuchi, leads Products and Technology Management for the Flex’s Connected Living and IoT Software business. He’ll be talking about this subject and other thoughts on where technology is headed—it will be an insightful look into the future!

John Ritsick, Esq., is in-house counsel at Flex, a global leader In the categories of design, manufacturing, distribution, and aftermarket services. Find out more about the 2016 IP & Technology Institute at the links below.

 

CLE Program — 14th Annual Rocky Mountain Intellectual Property & Technology Institute

This CLE presentation will occur on June 2-3, 2016, at the Westin Westminster Hotel. Register online or call (303) 860-0608.

Can’t make the live program? Order the homestudy here: CDMP3

Top Ten Marijuana Law Programs and Homestudies

Colorado is in the forefront of the marijuana industry, and as such the need for legal guidance regarding medical and recreational marijuana has exponentially increased. In fact, the CBA has a new Cannabis Law Committee to further the legal profession’s understanding of marijuana law. Today’s Top Ten Programs and Homestudies feature marijuana law. (In case you missed it, we previously featured ethics, family law, trust and estate law, real estate law, litigation,business law, employment law, criminal law, and construction/environmental/oil and gas/water law.) Grab a snack and read on for the Top Ten Marijuana Law Programs and Homestudies:

10. Ethics 7.0 2014. Although not strictly a marijuana law program, the 2014 Ethics 7.0 program featured a discussion by Chief Deputy Regulation Counsel James Sudler on hot topics in attorney regulation, including marijuana. As a bonus, this program fulfills an entire compliance period’s ethics credits requirements. Seven general credits, including seven ethics credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

9. Marijuana in Estate Planning and Administration. Even trust and estate attorneys encounter marijuana-related issues. The recent addition of recreational marijuana rights to the already-existing medical marijuana industry means that estate and probate attorneys are almost certain to encounter marijuana-related issues in both estate planning and probate. This is a must-attend session dealing with everything from a joint found with a decedent’s personal property to an estate-planning client who owns a thriving, licensed marijuana business. One general credit; available as MP3 audio download and Video OnDemand.

8. Criminal Law Fall Update 2013. Amendment 64 provides for the regulation of marijuana like alcohol, and allows for the lawful operation of marijuana-related facilities. Amendment 64 presented issues of first impression in Colorado and in the United States, as no other state except Washington State at that time had legalized marijuana for non-medical, adult use in the face of federal legal restrictions. What are the implications for the criminal law landscape on the state and federal levels? What does it mean from a behavioral health perspective? Get answers to these questions and more. Seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

7. Lending Compliance Update: Appraisals, Marijuana, and More. As the Colorado marijuana industry flourishes, banking issues related to marijuana become more and more important. This program discusses banking compliance and provides a CPA’s perspective on the marijuana business and compliance issues. One general credit; available as MP3 audio download and Video OnDemand.

6. New Colorado Rule of Professional Conduct 1.2: Marijuana Law Update. On March 24, 2014, the Colorado Supreme Court adopted a comment to Colorado Rules of Professional Conduct 1.2. According to the comment, a lawyer may counsel a client regarding the validity, scope and meaning of Colorado’s marijuana laws and may assist a client in conduct the lawyer believes is permitted under state law. It’s important to know not only what the comment said, but what it didn’t say—and possible consequences for Colorado attorneys. Two general credits, including two ethics credits; available as MP3 audio download and Video OnDemand.

5. Banking for Marijuana Businesses — An Update. Get up to speed on banking for marijuana businesses! Learn about the Justice Department’s efforts to craft guidance for banks that work with marijuana businesses and how banking views those efforts. Learn what bank regulators, who aren’t bound by Justice Department actions, are doing. Are banks still at risk of racketeering charges if they knowingly handle money made from the sale of marijuana? Hear obstacles, potential solutions and potential best practices. One general credit; available as MP3 audio download and Video OnDemand.

4. The Business of Marijuana. In November 2012, Colorado voters passed Amendment 64, which makes the personal, non-medical use, possession, and limited home-growing of marijuana legal under Colorado law for adults 21 years of age and older. Amendment 64 presented issues of first impression in Colorado and in the United States, as no other state except Washington State had legalized marijuana for non-medical, adult use in the face of federal legal restrictions at that time. This 2013 program discussed tax, accounting and legal implications for people involved in marijuana-related businesses in light of Amendment 64. Six general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

3. Marijuana — The Colorado Model. Colorado pulled in $2 million in taxes related to the sale of recreational marijuana… in January 2014 alone. Combined with taxes on sales from medicinal marijuana, Colorado pulled in nearly $3.5 million in pot-related tax revenue. This growing industry and resulting revenue has created a myriad of legal, financial and regulatory issues for the State of Colorado. Hear from some of the State’s top regulatory and legal experts on what’s going on in the ever-changing marijuana industry. Seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

2. Medicolegal Aspects of Marijuana in Criminal Law, Civil Regulations, and Forensic Science. The legalization of both medical and later recreational possession of marijuana in Colorado has brought an abundance of new legal issues in criminal, civil and regulatory law. With a focus on the new book Medicolegal Aspects of Marijuana (Lawyers and Judges Publishing, 2015), the faculty explores both the forensic and legal issues of running a dispensary, drug testing for confirmation in narcotics cases and THC levels for DUI-D cases. Topics covered include land use and HOA laws, federal controlled substance laws, licensing and regulation, business regulation, and more. Eight general credits; available as live Video Replay in Denver on January 6, 2016, and also available as CD homestudy, MP3 audio download, and Video OnDemand.

1. The Colorado Marijuana Industry — Legal and Accounting Advice and Compliance. Colorado marijuana stores sold a record amount of marijuana in June 2015, a huge leap over the previous record set in March 2015. Recreational marijuana sales topped $50 million for the first time. Medical marijuana also had its biggest month in more than a year. Some owners reported seeing more than 300 customers a day. At the halfway mark of 2015, Colorado stores had sold nearly half a billion dollars in marijuana and paid about $60 million in taxes to the state. Clearly, the marijuana business is thriving in Colorado. But we as attorneys, accountants, business valuators, regulators, bankers and citizens still have a lot to learn about this fledgling industry. Find out what you need to know about marijuana law in Colorado at this important program. Seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

Top Ten Programs and Homestudies for Construction, Environmental, Water, and Oil and Gas Law

As 2015 winds to a close, we continue our review of the Top Ten Programs and Homestudies in various practice areas. In case you missed it, we previously reviewed the Top Ten Programs and Homestudies in ethics, family law, trust and estate law, real estate law, litigation, business law, employment law, and criminal law. Today, we have consolidated several related practice areas, because there is often a great deal of overlap in the programs for these practice areas. And now, here are the Top Ten Programs and Homestudies for Construction, Environmental, Water, and Oil and Gas Law.

10. Mechanics’ Liens: Advanced Issues. Mechanics’ liens are the stuff of nightmares for homeowners. This program tackles some of the tough issues with mechanics’ liens, including oil and gas liens, priority following a public trustee sale, and the impact of a bankruptcy filing on a mechanics’ lien. Three general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

9. Oil and Gas Law Nuts and Bolts. This Oil and Gas Law Nuts and Bolts program is for attorneys who are new to the oil and gas arena or want to expand their practice. It is also for attorneys who have been practicing in the area and want to refresh their knowledge, get up-to-date on recent developments, or simply want essential information on oil and gas law. Eight general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

8. Agricultural, Environmental, and Water Law Symposium 2014: The Great Drought and What It Means To You. From agriculture to tourism, real estate, and oil and gas development, the lack of water is affecting many segments of our economy and communities across the state. This program brings together some of the top public officials, academics, and attorneys to address the great western drought and how you can help your clients respond to it. Four general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

7. Oil and Gas Law Advanced Topics 2015. Power up your oil and gas practice and knowledge as you learn about the legal framework for oil and gas in the Rocky Mountain West region, emerging title issues, ethics, master limited partnerships, and federal access issues. Eight general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

6. Colorado’s River Basins: A Comprehensive UpdateThis program provides insights on basins in 6 of Colorado’s 7 water divisions. Topics discussed include water administration related to marijuana cultivation, alternative transfer methods, surface water irrigation improvement rules implementation, water rights versus property rights in storm water management, new/proposed groundwater rules, and more. Seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

5. Oil and Gas Development in Colorado: Balancing Energy and the Environment. Striking the balance: energy production and use is desirable, but not without challenges and risks. Environmental regulation is effective and positive, but not without costs. Learn how hot button energy and environmental interests are being balanced by state and local governments, the energy industry, environmental and technical professionals, and practitioners. Eight general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

4. Mechanics’ Liens: Getting Paid for Accomplished Work. When a homeowner does not pay for work that has been done on his or her property, the construction workers can assert a lien on the subject property. Whether you represent the homeowner or the construction worker, there is much to learn about this area of the law! Although mechanics’ liens are effective tools, there are numerous pitfalls in meeting the deadlines for recording a mechanics’ lien, for accurately drafting the lien, and for correctly serving the lien. Learn about the nuances of mechanics’ liens in this program. Four general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

3. Water, Oil, and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys. This program focuses on critical water, oil and gas issues in Colorado. This program provides those who don’t practice in the area with essential information regarding oil and leases, surface use agreements, government’s role in authorizing locations for oil and gas development; the ins and outs of nontributary and produced nontributary ground water and nontributary ground water as a landowner asset. Six general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

2. Residential Construction Defect Law Update 2014. The program will highlight recent liability, damages and insurance developments as discussed in the 2013 Fourth Edition of Residential Construction Law in Colorado (CLE) authored by Ronald M. Sandgrund, Scott F. Sullan and Leslie A. Tuft. A PDF copy of the book is included as part of the course materials, along with a summary list of significant, recent cases. Three general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

1. Basics of Mechanics’ Liens and Verified Claims. The ins and outs of mechanics’ liens are addressed in this program, including who can claim a lien, what may be liened, commercial and residential property, what pleadings are needed to assert a lien, lien waivers, and more. A PDF copy of the CLE book, Colorado Liens and Claims Handbook, is included as part of the course materials. Five general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

Top Ten Criminal Law Programs and Homestudies

We are in the last week of the year, and the end of the compliance period is almost here. We are continuing our review of the Top Ten Programs and Homestudies in various practice areas — in case you missed it, we already reviewed ethics, family law, trust & estate law, real estate law, litigation, business law, and employment law.

Today’s focus is on criminal law. Although we have many great programs on various evidentiary issues, they are generally categorized as litigation programs, so make sure to check the Top Ten Litigation Programs and Homestudies for a review of hearsay rules, e-Discovery, and more. The Top Ten Criminal Law Programs and Homestudies generally focus more on practice issues and DUI law. Read on for the Top Ten Programs and Homestudies:

10. Anatomy of a DUI Case. Part of the “Small Firms, Big Success” series, this program provides an overview of handling a DUI case. The program is geared toward attorneys who do not have experience in criminal and DUI law. One general credit; available as MP3 audio download and Video OnDemand.

9. Legal Writing in Criminal Law. Learn from judges and other attorneys as they discuss how to write effective briefs in criminal law cases. Topics include efficient writing, writing and motions practice at the trial court level, “Top Ten” observations about legal writing in criminal law cases, ethics, and more. Five general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

8. DUI Basics: A Nuts-and-Bolts Approach. Anyone who practices DUI defense should listen to this homestudy. The program features discussions of litigating a forensic laboratory, a primer on defending DUI cases, how to attack standardized field sobriety tests, ethical considerations in DUI defense, and understanding the basics of DMV reinstatement hearings. Six general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

7. Felony DUI: The Law and Penalties. Learn the ins and outs of Colorado’s new felony DUI law, which creates a class 4 felony for fourth DUI offenses and also creates new sentencing schemes and provides alternatives for repeat offenders. One general credit; available as MP3 audio download and Video OnDemand.

6. The Law of Forensic Science — Criminal Law Fall Update 2014. Forensic science has come a long way in recent years. What began as fingerprint, ballistics and blood spatter evidence has evolved into DNA profiling, digital forensics and forensic chemistry. Criminal lawyers are often called upon to understand and litigate complex areas of forensics. This program not only illustrates how things have changed, but also includes thought-provoking discussion about the ethical and societal implications of these changes. Six general credits, including 1.8 ethics credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

5. Search & Seizure Law in Colorado: Update and Overview. A thorough knowledge of search and seizure law is vital to the practice of criminal law. Not one word of the Fourth Amendment has changed in over 200 years, but search and seizure law is constantly evolving, as new cases are added to the Fourth Amendment mosaic. This program discusses important cases involving searches and seizures. Attendees will receive a PDF copy of H. Morley Swingle’s book, Search and Seizure Law in ColoradoFour general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

4. Criminal Law Hot Topics 2013. Whether you are new to the practice of criminal law or a seasoned practitioner, this program focuses on timely topics with you in mind. Gain deeper knowledge of the Not Guilty by Reason of Insanity Defense (NGRI); Level of Supervision Inventory (LSI); and Crim. P. 35(c). Hear the perspectives of prosecutors, defense counsel, mental health professionals and a long-time Chief Judge. This program provides critical and practical information and materials. Seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

3. The New Bail Statutes — Criminal Law Spring Update 2014. In 2013, Colorado’s General Assembly overhauled our statutes governing pretrial release. Colorado’s new laws recognize what decades of research has proven: that using money as a condition of release does nothing to guarantee community safety and future court appearances. This program will give an overview of the new statutory scheme and some history behind bond. Eight general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

2. The NEW Criminal Jury Instructions AND Criminal Motions Practice — Criminal Law Spring Update 2015. On September 3, 2014, the Colorado Supreme Court announced the release of new Model Criminal Jury Instructions. The entire first half of the Spring Update is devoted to the new instructions. A case can be won or lost at the motions stage, so knowing how to craft a persuasive pretrial motion is essential to your criminal law practice, whether you sit on the prosecution or defense side of the aisle. The second half is be devoted to persuasive motions practice. Hear from the bench, the prosecution and defense on what works … and what doesn’t. Seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

1. Race and the Criminal Justice System — Criminal Law Fall Update 2015. Trayvon Martin, Freddie Gray, and Ferguson, Missouri have become household names in recent times. It is not new information that minorities are overrepresented in the criminal justice system. One difficult question we may ask ourselves is how do we as members of the legal profession contribute to this problem? And yet more difficult … can we do anything to change it? Attend this year’s Criminal Law Fall Update to join the difficult conversation about race in the criminal justice system, and to join in being proactive in your daily practice to be part of the solution toward racial equality … in the cell … in the courtroom … and in our community. Seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

Top Ten Employment Law Programs and Homestudies

As the end of the year draws nigh, we are reviewing the Top Ten Programs and Homestudies in several substantive areas of law. Previously, we covered ethics, family law, trust & estate law, real estate law, litigation, and business law. We continue our review with employment law. And now, without further ado, here are the Top Ten Employment Law Programs and Homestudies:

10. Lesbian/Gay/Bisexual/Transgender (LGBT) Law Institute — Dignity to All Persons. Although not strictly an employment law program, the LGBT Law Institute included topics of interest to employment law attorneys, including a session called “GLBTQ Employment Law Issues, FMLA, Sensitivity Training and Discrimination.” Eleven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

9. Employment Law Fall Update 2013 — New Cases, New Legislation, and Tools Every Employment Lawyer Needs. Highly experienced employment lawyers discuss what’s new in the field in this informative program. Topics covered include stock options with mergers & acquisitions, arbitration, workplace violence, FLSA, retaliation, and more. Seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

8. Independent Contractor or Employee? Softrock‘s and Western Logistics‘ Effect. In 2014, the Colorado Supreme Court issued two important employment law decisions, ICAO v. Softrock and Western Logistics v. ICAO, reversing decades of case law regarding the test for whether a worker is an independent contractor or employee. This program discusses the two decisions and their impact on employment law in Colorado. One general credit; available as MP3 audio download and Video OnDemand.

7. Discipline, Documentation, and Discharge of Problem Employees. Performance reviews strike dread into the hearts of employers and employees alike, but the consequences of poor disciplinary practices can be disastrous. This program provides practical tools for navigating the disciplinary process, including coaching, warnings, performance improvement plans, and last chance agreements. Eight general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

6. Non-Compete Agreements, Confidentiality Agreements, and Other Restrictions on Employee Competition. Many employers of entry level workers force their employees to sign non-compete agreements as a condition of employment. Is this legal? In this program, learn about the proper use of non-compete agreements and the law of restrictive employment covenants, as well as the necessity of and limitations on confidentiality agreements, statutory protection of trade secrets, common law rights of employers and employees, and litigation risks and realities. Four general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

5. Workplace Discrimination. Many employment law cases have an element of discrimination, and the important topic is the center of this program. Learn about the intersection of religious freedom and anti-discrimination laws, what really happens during mediations, bias and discrimination within the legal profession, Colorado’s Anti-Discrimination Act, employment testing and the ADA, and much more. Seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

4. Employment Law 2014. Whether you are interested in state or federal issues, the plaintiff or defense perspective, or whether you are new to employment law or a seasoned professional – the 2014 Employment Law Conference is a must-have. This two-day program offers a litigation track and a counseling track, with sessions on associational discrimination, workplace privacy, premises liability, corporate compliance, and more. Nineteen general credits, including 1.2 ethics credits; available as CD homestudy and MP3 audio download.

3. Whistleblower Litigation, Discrimination, and the First Amendment — Employment Law Fall Update 2014. The hottest topics in employment law are featured in this program, including the Federal Whistleblower Protection Act, free speech, non-compete agreements, ADEA update, labor law for employment lawyers, and more. Eight general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

2. Intellectual Property in the Workplace — Employment Law Fall Update 2015. Regardless of a company’s business model, its IP assets are important in sustaining growth and fostering robust employment. But overly controlling a company’s ownership of the intellectual product of its employees can stifle the creativity of the workforce. This program discusses protection of employer and employee rights in intellectual property, workplace privacy concerns, defending employees against claims of trade secret theft, human capital as intellectual property, and much more. Six general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

1. 2015 Employment Law. This annual conference discusses everything employment law, regardless of whether you represent plaintiffs or the defense, are a solo or member of a large firm or in-house counsel, or are new to employment law or are a seasoned professional. Topics covered in the 2015 program include the cat’s paw theory, the Affordable Care Act, transgender issues in employment law, common investigation mistakes and how to avoid them, an update from the Division of Labor, and much more. Eighteen general credits, including 1.2 ethics credits; available as CD homestudy and MP3 audio download. NOTE: This program is repeated annually. Click here for the 2014 program and click here for the 2013 program.

Top Ten Business Law Programs and Homestudies

The days keep marching forward, and the end of the compliance period looms large for many Colorado attorneys. If you still need some last-minute CLE credits, never fear—we are reviewing the Top Ten Programs and Homestudies in several areas of law. In case you missed it, we previously covered ethics, family law, trust & estate law, real estate law, and litigation. Today’s focus is on business law. Whether advising nonprofits, dealing with securities issues, or representing particular types of businesses, we have programs to fit your needs. Read on for the Top Ten Programs and Homestudies.

10. Banking for Marijuana Businesses. This short program discusses banking issues unique to marijuana businesses, including the Justice Department’s efforts to create guidance for banks that work with marijuana businesses. Learn about potential racketeering issues and potential solutions. One general credit; available as MP3 audio download and Video OnDemand.

9. Forming and Funding Early Stage Companies. Created for lawyers working with early stage companies, this program covers entity selection, vesting, key agreements, counseling clients on raising money, common securities law exemptions, and more. Two general credits; available as MP3 audio download and Video OnDemand.

8. Commercial Loan Documents — Important Covenants and Potential Modifications. Loan covenants are an important part of every loan document. This program discusses loan modifications generally sought by lenders and those requested by borrowers. Default is also discussed in this program. One general credit; available as MP3 audio download and Video OnDemand.

7. Boilerplate and Drafting Business Documents — 2014 Business Document Drafting Series. The first in a series of six programs, this program offers practical advice on the perils of using boilerplate in document drafting, including specific examples of drafting issues, the importance of keeping provisions current with the law, the value of silence, and much more. Two general credits; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: This program is Part 1 of a six-part series. Click here for Part 2, click here for Part 3, click here for Part 4, click here for Part 5, and click here for Part 6.

6. Limited Liability Companies in Colorado. Because of the combination of limited liability for all owners of the LLC, pass-through tax treatment, and ease and flexibility in customizing the relationships between the owners, the LLC has been a very popular choice of entity for many types of businesses since the IRS adopted the “check the box” regulations in 1996. This program details advantages and disadvantages of LLCs, litigation issues, estate and tax planning, real estate development, and more. Attendees receive a PDF copy of the CLE book, Limited Liability Companies and Partnerships in ColoradoEight general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

5. Buying and Selling a Business. Need to know the ins and outs of buying and selling businesses? This program is for you! It provides practical advice on advising parties in M&A transactions, planning the exit, protecting your client in the sale, professional responsibility and ethics in business transactions, and more. Seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

4. Closely Held Businesses: Strategies for Tackling Key Issues. Advising closely held businesses requires attorneys to have a wide range of knowledge. This program addresses some of the issues that may arise in advising the closely held business, including family dynamics, the Affordable Care Act and its impact on small businesses, probate of business interests, charitable planning, small business financials and accounting, and securities issues. Seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

3. A Primer on Advising Nonprofit Organizations and 24th Annual Institute on Advising Nonprofit Organizations in Colorado. This annual program provides everything you need to know about advising nonprofits. Topics covered at the primer include formation and governance of nonprofit entities, obtaining and retaining tax-exempt status, operational issues for tax-exempt organizations, and taxation of unrelated business income. The Institute discusses fiduciary duties of for-profit boards, tax-exempt entity types, best practices for employee discipline and termination, volunteers, and more. Primer—four general credits; available as CD homestudy, MP3 audio download, and Video OnDemand. Institute—seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: These programs are repeated annually. Click here for the 2014 programs (Primer/Institute) and click here for the 2013 programs (Primer/Institute).

2. Annual Rocky Mountain Securities Conference. Co-sponsored by the U.S. Securities and Exchange Commission and the CBA Business Law Section, this program is the Rocky Mountain’s premier securities law update presented by the country’s top practitioners. Topics covered in the 2015 Conference included an enforcement update, a view from the defense, a conversation with the Division of Corporate Finance, ethical considerations with the SEC’s whistleblower program, hot topics regarding regulated entities, and much more. Nine general credits; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: This program is repeated annually. Click here for the 2014 program and click here for the 2013 program.

1. Annual Business Law Institute. This two-day Institute provides everything you need to know for your business law practice. Get updates on case law and legislation, social responsibility, real world ethical dilemmas, business lawyers’ worst nightmares, forming and funding early stage companies, employment law update, marijuana investments in commercial banking, commercial insurance, and much more. Twenty-seven general credits, including two ethics credits; available as CD homestudy and MP3 audio download. NOTE: This program is repeated annually. Click here for the 2014 program and click here for the 2013 program.

Top Ten Litigation Programs and Homestudies

We continue to inch closer to the end of the compliance period for a third of Colorado’s attorneys. As that mark draws near, we are profiling the Top Ten Programs and Homestudies in several practice areas. Last week, we featured the Top Ten Ethics Programs and Homestudies, the Top Ten Family Law Programs and Homestudies, the Top Ten Trust & Estate Programs and Homestudies, and the Top Ten Real Estate Programs and Homestudies.

Today we will review the Top Ten Litigation Programs and Homestudies. There were so many great programs to choose from that we have some runners up. Litigation programs include programs about federal practice, appellate practice, and tort law, as well as programs about general litigation skills such as motion practice and deposition skills. The five runners up are:

  • Hearsay — The Truth of the Matter Asserted. This program detailed the ins and outs of the hearsay rules, including the many exceptions. Four general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.
  • What’s New in Brain Injury Litigation? and Examining Medical Experts at Deposition and Trial. These two half-day programs explored the latest on diagnosing, treating, and presenting brain injury cases and how to effectively examine a medical expert at trial. Three general credits each; available as CD homestudy (AM/PM), MP3 audio download (AM/PM), and Video OnDemand (AM/PM).
  • Product Liability Fundamentals. This program discusses everything you need to know to try a product liability case. Attendees receive a PDF copy of the CLE book, Product Liability Law & Procedure in ColoradoSeven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.
  • E-Discovery. United States Magistrate Judges presented this program on the importance of electronic discovery. Learn about identifying and preserving electronic files, as well as keeping up with technological advances. Seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.
  • NEW Rules of Civil Procedure in Colorado: Effective July 1, 2015. The Colorado Rules of Civil Procedure underwent several dramatic changes in 2015, and this program details the changes and what they mean for your practice. Three general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

And now, for the Top Ten Litigation Programs and Homestudies:

10. Join the Honorable John Webb on Better Appellate Writing, Briefing, and Oral Argument. Judge Webb returned to the CLE classroom for a refresher on appellate briefing and writing. Judge Webb has been teaching legal writing for many years, and has good tips on how to write more persuasively and how to give a powerful oral argument. Four general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

9. Emerging Trends in Economic Damages, Business Valuation, and Lost Profits. The Society of CPAs co-sponsored this program, which discussed the cost of capital, lost profits and economic damages, the courts as gatekeeper of expert testimony, optimizing relationships between legal counsel and financial experts, and a view from the bench. Eight general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

8. Ethics and Electronically Stored Information / Electronically Stored Information and the Law. These two programs discuss electronically stored information, or ESI, and what that means for your litigation practice. Ethics and ESI focuses on social media use by attorneys and how to avoid ethical pitfalls when advising clients about social media. ESI and the Law is an update on the intersection of technology and privacy, especially in a litigation practice. Ethics and ESI—four general credits, including 3.6 ethics credits; available as CD homestudy, MP3 audio download, and Video OnDemand. ESI and the Law—seven general credits, including 1.5 ethics credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

7. Collecting Judgments: Strategies for Success. You’ve won at trial—congratulations! But how are you going to collect on your judgment? This program provides an overview of collections strategies within the bounds of the law and ethical obligations. The nuts and bolts of collections are reviewed, as well as bankruptcy and creditor representation, garnishments and post-judgment collections, the Fair Debt Collections Practices Act, and more. Six general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

6. Better Motion Practice — How to Argue, Present, and Write Motions More Effectively. This program is a great “how-to” guide for lawyers who want to sharpen their skills by learning about the various kinds of motions encountered in a litigation practice. Learn how to draft and organize better briefs, make more concise and persuasive arguments, present persuasive arguments using technology, and more. Seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

5. Winning at Deposition: Skills and Strategy. Have you ever been frustrated by a witness who pretends not to know the answer to a simple question or flat out lies? Do you dread taking a deposition against an obnoxious opposing counsel? Do your depositions lack focus and productivity? These issues and more are addressed by national speaker Shane Read, author of the award-winning textbook, Winning at DepositionEight general credits, including one ethics credit; available as DVD homestudy or Video OnDemand.

4. Annual Tort Law Update 2015. Back by popular demand, this program features short 25-minute segments on insurance bad faith, insurance law, subrogation law, product liability, nursing home litigation and elder abuse, premises liability, wrongful death, workplace torts, professional liability, and more. Five general credits; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: This program is repeated annually. Click here for the 2014 program and click here for the 2013 program.

3. Appellate Practice Update 2015. Federal and state judges, as well as top attorneys, presented this helpful update. The program included discussions of when to appeal, trial advocacy versus appellate advocacy, briefing and oral argument from the judges’ perspectives, appellate ethics, rules updates, court statistics, a clerks’ panel, and more. Seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: This program is repeated annually. Click here for the 2014 program and click here for the 2013 program.

2. Federal Practice Update 2015. The Chief Judge of the U.S. District Court for the District of Colorado provided perspective on federal practice in this annual program, and federal magistrates opined on successful federal court advocacy. Federal rule changes were discussed, as well as eDiscovery tips and trends, ethics, and tips for effective litigation strategy. Seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: This program is repeated annually. Click here for the 2014 program and click here for the 2013 program.

1. Winning at Trial 2015: Skills and Tactics. The ultimate goal of every litigation attorney is to win at trial, and this program provides skills for successful litigation. Seasoned advocates present topics such as how to create winning trial graphics, taking useful depositions, jury selection tips, how to make persuasive opening statements, effective direct and cross-examinations, and much more. Eight general credits, including two ethics credits; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: This program is repeated annually. Click here for the 2014 program and click here for the 2013 program.

Top Ten Real Estate Programs and Homestudies

As the end of the year approaches, and the end of the compliance period looms for a third of Colorado’s attorneys, we continue examining the Top Ten Programs and Homestudies in several areas of law. In case you missed it, we already profiled the Top Ten Ethics Programs and Homestudies, the Top Ten Family Law Programs and Homestudies, and the Top Ten Trust & Estate Programs and Homestudies. Today we turn to real estate law. Although there are many great programs to choose from, we have narrowed down our list to these ten programs.

10. HOA Basics: Common Interest Communities. HOA law is a booming subset of real estate law. This program details the basics of representing a client in an HOA, or representing an HOA as your client, including providing an overview of common interest communities and the Colorado Common Interest Ownership Act (CCIOA), collection actions for HOA dues, covenant enforcement, transparency, and ethical issues related to representing HOAs and developers. Seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

9. Eminent Domain Law for Pipelines in Colorado. In 2012, the Colorado Supreme Court ruled that a 100-year-old pipeline condemnation statute was not applicable to petroleum pipelines, only electrical conduits. The petroleum industry unsuccessfully petitioned to legislatively overturn the decision in 2013 and 2014. In this one-hour course, learn about the history of pipeline condemnation statutes and the powers they grant, as well as important safety considerations. One general credit; available as MP3 audio download and Video OnDemand.

8. Foreclosure Law — All the Latest and Greatest. In 2011, Colorado had one of the highest foreclosure rates in the nation. Since then, foreclosures have waned in the metro area, but despite the decrease in foreclosure proceedings, real estate lawyers need to be aware of the ins and outs of foreclosure law, especially because Colorado’s foreclosure process is unique compared to other states. This program details Colorado’s public trustee foreclosure process from start to finish, and also addresses issues such as bankruptcy, tax liens, and receiverships, that are commonly seen alongside foreclosures. Seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

7. The Life of a Residential Real Estate Transaction. Everything you need to know about residential real estate practice, from the offer to the closing, is explained in this helpful program. Learn about the Colorado Real Estate Commission forms and how to use them, get an overview of title commitments and title policy issues, learn about types of conveyance deeds and when to use each type, hear about mortgage lender concerns and issues, and discuss the ethics of being both an attorney and a real estate broker. Seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

6. Eminent Domain. Eminent domain involves the acquisition of private property by public entities for public projects or, in certain specific circumstances, by private parties for private use. Learn about key aspects of representing condemning authorities or private landowners during the various stages of eminent domain proceedings in this informative program, including immediate possession hearings, eminent domain appraisals, and ethical considerations in condemnation actions. Three general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

5. 25 Cases Every Real Estate Lawyer Should Know. Fred Skillern, seasoned practitioner and former judge, hand-picked 25 cases from the repertoire he has amassed by doing the case law update at the Real Estate Symposium for the last 16 years. From an obscure attorney discipline case that sets precedent on recording attorney liens to a well-publicized case that revolutionized easement disputes, from cases that interpret statutes to cases that seem to rewrite the law, Fred Skillern discusses it all. Three general credits. This program will take place January 21, 2016. Click here to register for the live program and click here to register for the webcast. Also available as CD homestudy, MP3 audio download, and Video OnDemand after the program.

4. Colorado Real Estate Practice with Willis Carpenter. No list of real estate programs would be complete without mention of Willis Carpenter’s legendary 10-week course, “Colorado Real Estate Practice.” Although this was Willis’s last year teaching the class, we hope to continue his legacy in 2016. Stay tuned. Eighteen general credits, including four ethics credits.

3. Anatomy of a Commercial Real Estate Transaction — Real Estate Spring Update 2015. Commercial real estate transactions are complex, and present a different array of issues than residential transactions. This program offers a look at the commercial real estate contract, including key provisions, due diligence, and common issues, as well as leasing issues, financing the transaction, construction and construction defects, environmental concerns, zoning, and more. Seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: The Real Estate Spring Update occurs annually with a different theme. Click here for the 2014 program.

2. Hot Topics! — Real Estate Fall Update 2015. The ABA, ACMA, and ACREL developed guidelines for typical and appropriate real estate opinions, which were discussed at this Hot Topic update. Also covered were HOA assessment lien priority, available insurance products for clients, and recent changes in conservation easement and urban renewal laws. Six general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: The Real Estate Fall Update is repeated annually with different themes. Click here for the 2014 program, and click here for the 2013 program.

1. Annual Real Estate Symposium. For 33 years, the annual Real Estate Symposium has been THE event for Colorado’s real estate lawyers, with top-notch presentations, wine tasting, and beautiful scenery in the Colorado mountains. For the 2015 Symposium, topics discussed included legislative and case law updates, ditch rights, section 1031 exchanges, recent changes to foreclosure law, ethics, eminent domain, and more. The 2016 Symposium is scheduled for July 21-23 in Breckenridge. Registration is not yet open but keep an eye on http://cle.cobar.org/realestatesymposium for details. 2015 Symposium—20 general credits, including 2.7 ethics credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

Top Ten Trust & Estate Programs and Homestudies

We have been featuring the Top Ten Programs and Homestudies in several practice areas on Legal Connection—earlier this week, we featured the Top Ten Ethics Programs and Homestudies and the Top Ten Family Law Programs and Homestudies. We will continue to feature substantive areas of law through the rest of December so stay tuned. And now, for the Top Ten Trust & Estate Programs and Homestudies. Drumroll, please:

10. Trust and Estate Topical CLE Luncheons. Each month on the first Tuesday of the month, the CBA Trust and Estate Section presents a topical lunch program highlighting a particular area of trust and estate law. They feature great topics, including “Marijuana in Estate Planning and Administration,” “Gun Trusts,” “Estate Planning During Divorce,” “Special Needs Trusts,” “Medicaid Recovery,” and more. Typically one general credit each; available as MP3 audio download or Video OnDemand.

9. 30 Cases Every Trust & Estate Lawyer Should Know. Did you think of any cases when you saw this title? They were probably featured in this program. Spencer Crona explained the holdings and provided analysis and key insights for 30 important cases in trust and estate law. This is a great way to stock your legal toolkit. Two general credits; available as MP3 audio download and Video OnDemand.

8. Trusts in Divorce Property Divisions. This program, equally valuable to family law and trust and estate practitioners, considers important issues to evaluate when there is a trust in a divorce property division. Attendees receive an electronic copy of Marc Chorney’s book, Trusts in Divorce Property DivisionsTopics discussed at the program included valuation issues, whether beneficiary withdrawal rights are property, approaches to allocation, the dissipation doctrine and trust interests, and more. Seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

7. Gifts to Minors. There are many reasons people make gifts to minors, including setting up college savings accounts, reducing estates for tax purposes, or making gifts to children and grandchildren. These reasons and more are covered in “Gifts to Minors.” Learn from Laurie Hunter and Kaylynn Hemlock as they discuss the Colorado Uniform Transfers to Minors Act, 529 savings plans, Crummey trusts, § 2503(c) trusts, and more. Attendees receive an electronic copy of Laurie Hunter’s book, Gifts to Minors. Three general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

6. Wade/Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration. Former probate judge James Wade presented this informative program about his book, Wade/Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration, which is included with course materials in PDF format. Topics covered include standing to sue, federal court jurisdiction, the directed trustee statute, case law developments regarding spousal elective share, sham trusts, and much more. Attendees receive an electronic copy of the book. Four general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand.

5. Advanced Estate Planning Symposium with Ted Atlass. National speaker Ted Atlass returned to CLE to present this program on advanced topics in estate planning. Sessions included planning to minimize Colorado or other state income taxes on trusts, trusts as retirement plan beneficiaries, what to do when your client loses capacity, estate planning for non-traditional families, and estate planning issues with marital agreements. Seven general credits; available as CD homestudy, MP3 audio download, and Video OnDemand.

4. Estate Planning Basic Skills/Estate Administration Basic Skills. Each of these programs is held every other year to provide attorneys the fundamentals of estate planning and administration. Estate Planning Basic Skills, which will occur on February 26 and 27, 2016, will discuss the initial client interview, planning and drafting of documents, planning for disability, small estates, use of life insurance, traps to avoid, and much more. Estate Administration Basic Skills, which occurred on February 20, 2015,  covered rights of the surviving spouse and family, income tax issues, real estate matters, ethics and advising fiduciaries, creditors’ claims, and more. Estate Administration Basic Skills — seven general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand. Estate Planning Basic Skills — fourteen general credits, including one ethics credit; available as live program and webcast, and as CD homestudy, MP3 audio download, and Video OnDemand after the program.

3. Estate Planning with Retirement Assets — Trust & Estate Spring Update 2015. Retirement funds are a common asset considered in estate planning, and this program provided an overview of considerations for using retirement funds in estates. Topics covered include definitions of common terms, such as minimum required distributions and designated beneficiaries, designating trusts as beneficiaries of retirement assets, post-death planning, directed IRAs, and more. Six general credits; available as CD homestudy, MP3 audio download, and Video OnDemand

2. Understanding Benefits — Trust & Estate Fall Update 2015. Estate planning with consideration of benefit eligibility is an important tool for practitioners. This program discussed planning for Medicaid, Medicare, Social Security Income, and VA compensation, as well as implications for nursing home placement and planning for ethical implications. Six general credits, including one ethics credit; available as CD homestudy, MP3 audio download, and Video OnDemand. NOTE: The Trust & Estate Fall Update is repeated annually with different themes. Click here for the 2014 program and click here for the 2013 program.

1. 36th Annual Estate Planning Retreat. Each year, Colorado’s trust and estate attorneys gather for a fun weekend of CLE in a beautiful location. The 2016 Estate Planning Retreat will be June 9-11, 2016, in spectacular Snowmass. Highlights for the 2016 Retreat include discussions of international estate planning, case law and legislative updates, unconscious bias in estate planning, “bullet proof” will drafting, tax issues, and more. Registration is not yet open for the 2016 Retreat; visit http://cle.cobar.org/estateplanningretreat for updates.

Top Ten Family Law Programs and Homestudies

As the compliance period ends for many Colorado attorneys, we are featuring top homestudies and programs in several practice areas. Today’s focus is on family law — click here for the Top Ten Ethics Programs and Homestudies, and stay tuned for Top Ten lists in other practice areas.

10. Lesbian/Gay/Bisexual/Transgender (LGBT) Law Institute — Dignity to All Persons. Although not strictly a family law program, this informative Institute discussed several issues of interest to family law practitioners, including Colorado’s litigation path to same-sex marriage, a discussion of polyamory, a point-counterpoint panel discussion of the Supreme Court’s decision in Obergefell v. Hodges, and more. Eleven general credits; available as CD homestudy, MP3 audio homestudy, or Video OnDemand.

9. Civil Unions — Legal Consequences for Family Law and Trust & Estate Practitioners. In May 2013, the Colorado Civil Unions Act became effective, allowing civil unions for same sex couples. This program discussed the changes to Title 14 and Title 19, C.R.S., and predicted consequences from the enactment of the Civil Unions Act. Three general credits; available as CD homestudy, MP3 audio homestudy, or Video OnDemand.

8. 33rd Annual National CLE Conference — Family Law. This annual conference in gorgeous Vail will highlight several important topics, including custody and placement issues for special needs children, tax aspects of divorce, and complex personalities in family law matters. Twenty-one general credits, including 3.6 ethics credits; only available as live program.

7. The Difficult Client: Annual Advanced Family Law Institute 2014. Most lawyers are prepared to address difficult legal issues, but what about difficult clients? Narcissistic, angry, defiant, and criminal clients cross all demographic backgrounds, but none are easy to represent. Family law practitioners encounter many difficult clients, and this program aims to provide practitioners with tools to deal with them. Eight general credits, including one ethics credit; available as CD homestudy, MP3 audio homestudy, or Video OnDemand.

6. Trials and Tribulations: Preparing for Permanent Orders in Family Law — Family Law Fall Update 2014. This program details trends in family law, including an interactive ethics program on Rule 45 subpoenas, the most common grievances, emerging trends in Colorado family law, a judges’ panel on effective trial strategies and preparation, and more. Eight general credits, including one ethics credit; available as CD homestudy, MP3 audio homestudy, or Video OnDemand.

5. Family Law Basic Skills. An ideal program for practitioners just entering family law, this event provides a comprehensive toolkit of skills for family law attorneys. Hear about ethics, jurisdiction, Rule 16.2, bankruptcy, collaborative law, criminal law issues in family law, low income issues, childhood development, juvenile issues, child support and maintenance, separation agreements, and more. Seventeen general credits, including 1.8 ethics credits; available as CD homestudy, MP3 audio homestudy, or Video OnDemand. NOTE: This program is repeated annually. Click here for the 2014 program and here for the 2013 program.

4. Civility, Cultural Competence, and Challenging Issues — Family Law Fall Update 2015. Faculty members at this program discuss civility in the practice of law and how to bring it back. Cultural competence refers to an ability to work with people of different cultural and socio-economic backgrounds. Challenging issues include everything from domestic violence to military divorce to LGBT issues. In addition to these topics, the program discusses case law updates and rule changes. Eight general credits, including one ethics credit; available as CD homestudy, MP3 audio homestudy, or Video OnDemand.

3. Family Law Spring Update 2015. Stay up to date with recent changes in family law practice, including legislative and case law updates, imputation of passive and earned income, premarital and marital agreements, LGBT issues, out-of-court legal services, complex financial issues, and more. Eight general credits; available as CD homestudy, MP3 audio homestudy, or Video OnDemand. NOTE: This program is repeated annually. Click here for the 2014 program and click here for the 2013 program.

2. So You Want to Be A Super Lawyer: Best Practices for Family Law Attorneys In and Out of the Courtroom — Annual Advanced Family Law Conference 2015. Regardless of inclusion in a “Super Lawyers”-type publication, every attorney wants to be the best lawyer they can be. This program provides tools to help family law attorneys excel, including tips for organizing all the pieces of a case, how to address thorny evidence issues, getting the best bang for your buck at mediation, view from the bench, balancing client interests with the best interests of the child, and more. Nine general credits, including one ethics credit; available as CD homestudy, MP3 audio homestudy, or Video OnDemand.

1. Annual Family Law Institute. Every summer, Colorado’s family law practitioners gather in the mountains to learn about the latest family law issues — and also enjoy fun events like Hawaiian Shirt Day, a wine tasting event, hiking, and more. Topics covered at the 2015 Institute included marijuana and parenting time, parenting plans for infants, sex addiction and divorce, spoliation, real estate transfers in family law, a judges’ panel on maintenance, and more. Twenty-seven general credits, including four ethics credits; available as CD homestudy, MP3 audio homestudy, or Video OnDemand. NOTE: This program is repeated annually. Click here for the 2014 Institute and click here for the 2013 Institute.