eCourses

Session 1: The Grievance Process and Most Common Violations - The presentation is intended to provide general information regarding the amendments made to the grievance process in 2018, the proper way to respond to a grievance identifying attorney misconduct, and common problems to avoid in practice. Session 2: So You Think You Know Your Evidence and Procedure? - An interactive and entertaining presentation testing your knowledge of the Texas Rules of Evidence and Procedure. Session 3: Research on Legal Writing - Get information about empirical research on legal writing techniques. Research supports plainer writing, reduced use of intensifiers, reduced use of “emotional” words, and use of narrative. Research also supports “connectives” (transitions), priming, and the value of resources, i.e. money. Session 4: Dealing With the Problem of Opposing Counsel - How to avoid intimidation and manage the disruptive, disreputable, and overly zealous opposing counsel in an ethical, civil, and professional manner.

Includes: Video Audio Paper Slides

Need ethics credit? We’ve got you covered! UT Law CLE’s First Friday Ethics streams live every first Friday of the month, and features some of our best ethics speakers and presentations for a total of 3.00 hrs ethics credit. Fulfill your entire annual ethics requirement in Texas in one day!   This month includes: (0.75 hr | 0.75 hr ethics) Techniques for Negotiating With Difficult Counterparties (Replay) Hear advice on how to negotiate contracts with difficult counterparties, and explore the importance of our own mindset and how to manage our emotions in these situations. Walk through five types of outrageous negotiation positions and effective responses to defuse and reset the tone of the discussions. Laura Frederick, How to Contract - Austin, TX (0.75 hr | 0.75 hr ethics) The Grievance Process and Most Common Violations (Replay) The presentation is intended to provide general information regarding the amendments made to the grievance process in 2018, the proper way to respond to a grievance identifying attorney misconduct, and common problems to avoid in practice. Nicole E. Jackson, Rosenblatt Law Firm - San Antonio, TX (0.50 hr | 0.50 hr ethics) Practical Uses of AI in M&A: Large Language Models to Create New Realities (Replay) What if you could review thousands of contracts, determine the potential risk of anti-assignment clauses, and have a first draft of a memo in under 15 minutes? Over the past year, the legal profession has seen incredible advances in the use of artificial intelligence that are making these possibilities a reality. Large Language Models, such as those fueling ChatGPT, have introduced incredible transformational potential for M&A work. Learn more about what is possible, including ethical considerations, in this new reality. Kenton S. Brice, University of Oklahoma College of Law - Norman, OK (1.00 hr | 1.00 hr ethics) Work Product and Attorney-Client Privilege after In Re Grand Jury: Where Do We Go From Here? (Replay) The law regarding when privileges and protections apply to tax advice was anything but clear leading up to the Supreme Court oral argument in In re: Grand Jury; the Court’s decision to dismiss the case as “improvidently granted” dashed the hopes of tax professionals hoping for a nationwide standard! Hear a review of the current state of the law post-In re: Grand Jury with an emphasis on the Fifth Circuit and how the law there differs from others around the country. Melissa L. Wiley, Lowenstein Sandler LLP - Washington, DC

Includes: Paper Slides

This panel presents an overview of the latest in policy and regulation from the US Government affecting the nonprofit sector, including Congress, the IRS, the Courts, and the States. As in years past, there is a lot happening—affirmative action and race based grantmaking, campus politics and free speech, political campaign intervention and the limits of nonprofit advocacy, health care and community benefit, Congress’s power to tax wealth, and much more. This panel aims to help you stay abreast of current developments.

Includes: Video Audio Slides

Hear components of a Non-Profit Organization’s financial statements, including the footnotes, and how information tells the Non-Profit Organization’s financial story. Additionally, learn how to identify differences between the financial statements and the Form 990.

Includes: Audio Paper Slides

Since the end of the pandemic, charities are continuing to pursue various fundraising opportunities in the constant search for sustainable, unrestricted revenue. Through fundraising opportunities like events, commercial co-venture, and fundraising platforms, charities continue to struggle to maintain revenue streams. As consumer preference and regulatory environments change, charities will need to continue to adapt to changing circumstances, as well as adapt to the introduction of newer models of raising revenue.

Includes: Video Audio Paper Slides

This session approaches impact investments from the 'other side,' examining the legal issues that matter equally to return-driven investors. Delve into the legal structures and key terms of common forms of equity and debt investments to understand the issues and considerations that shape financial returns but also have significant implications for achieving impact.

Includes: Audio Slides

Session 01: Medicaid Update - Latest developments affecting planning and applications for Medicaid to pay for nursing home care and home care. Session 02: What All Estate and Probate Attorneys Need to Know About Medicaid Planning and Drafting - Issue-spotting and discussion highlighting elder law issues for which every estate planner and probate attorney should be on the lookout. Session 03: The View from 30, 000 feet – Medicaid Myths All Attorney's Should Know - Join Stephanie as she explains Medicaid and Medicare mythbusting and challenges common misconceptions about: MERP, Medicaid, and Medicare, as well as protecting the home and other assets with Transfer on Death Planning and Couples Planning for Medicaid. Session 04: When Your Client May Have Diminished Capacity - In estate planning and elder law, attorneys often have clients that may be in some stage of diminished capacity. This creates ethical and legal issues for the attorney that can’t be ignored. Explore those issues and ways the attorney can navigate these turbulent waters. Session 05: Real Estate Issues in Elder Law - Review issues to better protect your clients, including homestead and agricultural exemptions; recent changes; to inspect or not, what could possibly go wrong; easements; and transactions with an affidavit of heirship within four years of date of death.  Session 06: Role of the Guardian - Examine the duties and responsibilities of a guardian under Texas law and guardianship administration, from initiation to closing, including the code requirements of selling and leasing property, ethical issues, and more. Session 07: Alternatives to Guardianship Including Supports and Services - An examination and discussion from the perspectives of the bench and in practice on lesser restrictive alternatives and available supports and services in guardianship. Which work? Which do not? And, how, in every case, the answer is, "It depends." Session 08: Medicaid Matters and Probate Proceedings - Join Stephanie as she explores how to protect homes from the Medicaid Estate Recovery Program [MERP] through probate proceedings, in addition to understanding the basics of protecting homes from the reach of MERP in the first place. Independent administrations may not always be the best choice, particularly in cases where no statutory waivers apply.

Includes: Video Audio Paper Slides

Session 01: Setting Up a Nonprofit: State Law and Organizational Issues and Considerations - Establishing a solid legal and tax foundation is essential for nonprofits. This presentation addresses how to prevent organizational building blocks from becoming missional roadblocks. Session 02: Applying for and Maintaining Tax-Exempt Status - Hear what you need to know to become tax exempt and to stay that way. Session 03: Reporting Obligations for Section 501(c)(3) Organizations - Explore compliance requirements for charitable organizations with IRC section 501(c)(3) status. Provide a framework for the reporting obligations at the federal and state levels. The federal reporting discussion will concentrate on the key reporting items of the Form 990 and when other forms may be required. Discuss the high-level requirements for state registrations for nonprofits, charitable trusts and charitable solicitations. Session 04: Regulatory Horizons Interplay: State and Federal Enforcement - Ex-regulators for both the IRS and states attorney general offices provide perspectives on enforcement activity from the “outside," including a discussion on cooperation amongst the states’ AGs, and communication between state regulators/the IRS. Are they sharing? How does one’s enforcement efforts affect the other? Session 05: IRS Audits - An IRS audit won’t happen to my organization, you say—until it does. Audit preparedness should be at the center of any good compliance regime for a Section 501(c)(3) public charity or private foundation, whether you’re audited this year or in 2030. Review the basics of an IRS audit and gain practical advice on preparing for, understanding, managing, and ultimately surviving the audit process. Session 06: Governance: Essential Organizational Policies and Protections - A strong set of policies serve as a key building block in good governance and organizational effectiveness. This session offers an overview and discussion of a number of standard organizational policies to better understand not only the nature of the policies and their format but also what they are designed to accomplish and how they interact with insurance and tie into an overall compliance program. Session 07: Governance: Managing an Internal Investigation - Explore the anatomy of an internal investigation from a governance perspective— from the allegations, through the first moves and the next steps, to the investigation’s findings and aftermath. An internal investigation can be a complex, fast moving and highly fraught legal experience not for the faint of heart and understanding the role of the board is imperative to a successful outcome. The scope (and costs) can easily get out of hand, and there are many landmines hidden throughout the process. Discuss the following with a special focus on the governance considerations: Who do you tell and when (the executive team, the executive committee, the board, key donors or other stakeholders)? What is the role of each stakeholder and how do you navigate disagreements? Do the allegations warrant a full-fledged investigation or would that be an over-reaction? Do you bring in outside counsel or other third parties (forensic accountants or other experts) and when? What is the proper scope of an investigation? What are the legal and privilege issues involved, in particular when interviewing employees and former employees? What are the communications/PR concerns? What do you do with the findings? Do you do a written report? What should come out of the investigation (employment actions, governance reforms)? Do you self-report to the IRS or other regulators? What do you make public and when? And what is the role of the board (or a board or special committee) in navigating each of these questions? Session 08: Protecting Your Nonprofit Client: Opinions, Privilege, and Return Positions - A practical overview of the legal requirements of tax opinions, the attorney-client privilege in tax situations, and the various types of tax advice on return positions. Discuss the myriad of penalties on organizations and tax return preparers. Hear real-world examples of problems that non-profit organizations face and best practices to solve those problems. Session 09: Commercial Activities and UBIT - Exempt organizations are increasingly focused on generating additional revenue, capitalizing on tangible and intangible assets, and partnering with for-profit entities. This session will cover trends in the area, instances of how the UBIT rules apply, and examples of how including tax in early stage project/revenue planning can add value, improve post-tax returns, and avoid unpleasant surprises. Session 10: Election Year Issues: Political Engagement and Affiliated Structures - A practical exploration of the rules regarding political engagement across the nonprofit sector, including how to maximize impact through the use of affiliated structures. Session 11: MASTER CLASS: Accounting for Non-Profits: Understanding the Balance Sheet and Financial Statements (and the Form 990 Connection) - Hear components of a Non-Profit Organization’s financial statements, including the footnotes, and how information tells the Non-Profit Organization’s financial story. Additionally, learn how to identify differences between the financial statements and the Form 990. Session 12: Cybersecurity and Data Protection Issues Affecting Non-Profits - Many nonprofits collect and store sensitive personal information that is protected by law from identity theft. When there is a breach of the security protecting this sensitive personal information, that poses a risk for the individuals whose data was disclosed, and for the nonprofit that will now potentially be subject to liability for the data breach. This presentation features takeaways for non-profits about how to - at a minimum - assess the risks of a data security breach, and protect its data from unauthorized disclosure.

Includes: Video Audio Paper Slides

Session 01: 2023 Case Law Update - A survey of recent Texas cases addressing significant issues (fiduciary duties, piercing the entity veil, and more) in the context of LLCs and partnerships (including limited partnerships and LLPs). Session 02: Texas Legislative Update for Partnerships and LLCs - Summary of selected bills passed in the 2023 Texas Legislature affecting partnerships and limited liability companies. Session 03: 2023 Secretary of State Update - Learn about filing tips and resources that will make your transactions with the Secretary of State easier and more predictable; hear updates on notable legislation and our system modernization initiative. Session 04: Updates from Delaware - A survey of recent Delaware cases addressing significant issues, including fiduciary duties, elimination of fiduciary duties and contractual interpretation in the context of LLCs and partnerships (including limited partnerships and LLPs). Session 05: S corporations: A Cautionary Tale about Squaring the Circle - A discussion of some of the motivations driving the use of LLCs as S corporations, some of the potential issues and some of the drafting and structuring issues that should be considered if an LLC is taxed as an S corporation.  Session 06: Updated Model LLC Agreements - Review three model agreements tailored for a closely held company, including a discussion of some recent changes in the models as well as decisions that the authors made in drafting the models to help improve your drafting skills and result in better operating agreements. Session 07: Drafting Net Profit Agreements - Net profits agreements are used in transactions where the parties have an interest in sharing in profits but do not want to create or participate in an entity arrangement with the parties involved.  Net profits agreements raise a number of issues which may be as basic as the very definition of what the parties intend to share, as well as the methods of payout, the impact on tax consequences of these arrangements and concerns relating to the unintended partnership. Review the issues lawyers may need to consider with their clients to draft an effective net profits agreement.  Session 08: Provisions Limiting Liability and Duties in Partnership and Company Agreements - This panel will discuss the effectiveness and limitations on provisions of partnership and company agreements which provide for the modification of duties, exoneration from liability and indemnification with respect to claims against managers, members and other employees and agents.   Session 09: Effective Engagement Letters and Other Simple Risk-Management Tools - This ethics CLE presentation will look at engagement letters and how they can be used as a risk management tool. Along they way, the presentation will provide practical tips to help lawyers avoid conflict of interest pitfalls and to assist in controlling client expectations about the scope of the representation. Session 10: Multiparty Representation —Entity Formation - A deep-dive into the knurly problems of multi-party representation of start-up companies, including whether the client is the founder or founders or the company is yet to be formed. The ethical difficulties for the lawyer continue after formation as the company and its founders, directors and officers move beyond formation of the entity into the realm of operations.

Includes: Video Audio Paper Slides

Session 01: Lifecycle of Renewable Energy Projects - A discussion of the sequencing of the development of renewable energy projects and how lawyers and developers can best work together to mitigate project risks at each stage of development.  Session 02: Renewable Energy Project Finance 101 - Discuss how various finance tools get stitched together to create a capital stack for a project so it can get developed and built. Session 03: Key Differences between Leases for Solar, Wind and Energy Storage Projects - The type of project being developed can substantially change the terms of long-term real estate agreements. A discussion of the legal provisions required by different kinds of renewable energy projects, as determined by differing uses in land, natural resources, and infrastructure. Session 04: Real Estate and Title Basics for Renewable Energy Projects - A primer on real estate and title matters for wind and solar energy projects. From the lens of real estate attorneys, hear a high-level overview of project timelines and milestones, the path to securing site control, key provisions of landowner agreements, navigating title and survey matters, and providing real estate support for contracting, financing, and sale of the project. Gain insight into critical deal points and best practices to help projects proceed efficiently.   Session 05: What's New? Federal Energy Update - Hear a lively update on developments affecting the renewable energy market. Session 06: Texas Regulatory Update: ERCOT & PUCT - Overview and discussion on recent and relevant PUCT proceedings and ERCOT market changes and initiatives.  Session 07: Joint Venture and Joint Development Agreements - As more new entrants enter the renewable energy industry, we continue to see an increase in joint ventures and other types of joint development arrangements. In this panel, we will discuss the reasons why, different types of joint structures, and key issues that tend to arise in these negotiations.   Session 08: Mineral Issues Impact on Real Estate Documents, Siting and Planning: Texas vs. California - Understanding the interplay of the mineral estate to the surface estate, and site control agreement and title insurance issues and strategies for securing financeable renewable energy surface rights in Texas and California, and more generally. Session 09: ​Top 10 Construction Loan Provisions - An overview of key provisions in project finance construction loan agreements with respect to renewable energy projects. Hear a high-level overview of the structure of a construction loan agreement and highlights of major pitfalls for both lenders and borrowers Session 10: Ethical Obligations in Negotiations - A foundational discussion about how you, as Counsel, accomplish your objectives and meet your goals while acting legally and ethically during negotiations. Reinforces the professional responsibility a lawyer must maintain when faced with ethical dilemmas in negotiations in order to identify: (1) the balance between a lawyer’s obligations of honesty and candor with client advocacy; (2) best practices in negotiations; and (3) the application of the ABA Model Rules of Professional Conduct in legal negotiations.

Includes: Video Audio Paper Slides

Session 01: First Contact, Case Evaluation, and Client Expectations - Learn how to assess who has a claim, potential conflicts, how to evaluate the potential liability, damages, and costs of the case, and how to manage your client's expectations about their case. Session 02: Investigation and Insurance - Examine critical aspects of the crash investigation, including the identification of potential parties and the myriad of potentially applicable insurance coverages. Session 03: ​Important Cases in the Prosecution and Defense of UM / UIM Cases - A review of recent cases impacting UM/UIM cases and the strategies for prosecuting and defending uninsured and under-insured motorist claims. Session 04: Low Property Damage Cases - Prosecuting and defending personal injury cases with minor property damage can present challenges. This session discusses the experiences and strategies from the plaintiff and defense perspectives. Session 05: Commercial Vehicle Accidents 101 - Learn about commercial vehicle litigation from the plaintiff and defense perspective. The presentation includes litigation involving tractor-trailers, commercial vehicles, and commercial buses. Session 06: Subrogation and Liens: Medicare, Medicaid and Hospitals - Health insurers and providers compete with claimants for personal injury recoveries. How do attorneys protect plaintiffs and defendants from subrogation interests and medical liens? The CLE paper covers all state and federal topics (ERISA, worker’s comp, child support, attorney liability, etc.) but the presentation drills down on three big subjects. Session 07: ​Negotiating with Insurance Adjusters - Learn how to maximize case value through preparation and presentation of the demand package. Session 08: Recurring Ethics Issues in Car Crash Cases - This session discusses recurring ethics issues in car crash cases affecting attorneys representing plaintiffs and defendants. Session 09: Recent Changes to the Advertising and Solicitation Rules: The Highlights - Comprehensive changes to the Texas Disciplinary Rules governing advertisements and solicitations became effective in 2021. This presentation highlights some of the most notable changes.

Includes: Video Audio Paper Slides

Session 01: Trial Preparation 101 - Stressed in trial prep and at trial? Inevitable? Yes. Manageable? Absolutely. Learn tips and strategies from an experienced plaintiff and defense attorney for developing a case and preparing for trial. Session 02: Discovery: Beyond Bullet Points - A discussion about the discoverability and admissibility of medical records, medical bills, and related data that focuses on the increasing role of “reasonableness” in the determination of what is discoverable and admissible and the added complexity and expense this adds to the litigation process. Session 03: Discovery: Best Practices and A View from the Bench - Practical advice for how to conduct effective, ethical and efficient discovery. Session 04: Overcoming “Bad Facts” A Plaintiff and Defense Perspective - Tips and tricks to deal with low property damage, pre-existing conditions, gaps in treatment, lack of medical bills, DWI, criminal clients, and more at trial. Session 05: ​Seatbelts and Police Opinions: Two Outcome Determinative Issues - Evidence about seatbelts and the investigating officer’s opinions has the potential to be outcome-determinative in a car crash case. What evidence should come before the jury, and what should be kept out? Session 06: Medical Bills in Car Crash Cases - Whether you’re an experienced trial lawyer or tackling your first car crash case, proving and challenging medical expenses can be daunting. Break down the nuts and bolts of this critical damages element, as well as more advanced strategies and recent case law impacting this ever-evolving area of the law. Session 07: Trying Cases Without Medical Bills - Texas law has made it difficult to try cases with our medical bills. That burden creates an avenue to trying cases without them and opening doors to greater potential verdicts. Session 08: Jury Selection: What, Why, and How? - What information are you truly trying to obtain during voir dire, why do you need that information for your specific case, and how are you asking questions to get it? Intentional strategies to help plan your approach to jury selection and execute it. Session 09: Storytelling and Themes - How to use stories and themes from voir dire through rebuttal to expose the defense’s use of psychology in trial. This presentation includes real-world, trial-tested stories and story techniques that have been successfully used all over the country in red, blue, and purple counties for car wreck verdicts big and (relatively) small. Session 10: Proving Up Future Damages - Including medical and lost wages. Session 11: Developing a Winning Deposition Strategy - Discuss the fail-safe tricks to ensure you have a winning strategy at depositions. Session 12: Overcoming the Problem Witness - How to handle the difficult witness, yours or theirs. Session 13: Beating the Expert - Find out how to take an expert’s deposition—how to avoid being intimidated and how to set realistic, attainable goals when you depose the "expert." Session 14: Developing Your Trial Cross Through the Adverse Deposition? - Learn to take admission-seeking depositions of adverse witnesses so that they are effectively limited in their testimony at trial. Session 15: Preparing Your Witness for Deposition - Witnesses win cases—and lose them. Learn how to keep your witness from giving it all up in a deposition and how to use the deposition to help prepare your witness to be a winner at trial.

Includes: Video Audio Paper Slides

Hear what you need to know to become tax exempt and to stay that way.

Includes: Video Audio Slides

From cultural incubators for artists to community-anchored developments linking preschool with affordable housing, hear from veteran community developments professionals about innovations happening in their field. In this interactive panel, learn about strategies being deployed on the front lines to support the development of affordable and equitable communities, in an increasingly complex and dynamic landscape.

Includes: Video Audio Paper Slides

A conversation around how brands, organizations and nonprofits can best leverage digital platforms (including social media) to raise funds and awareness, how to spot legal issues, such as trademark, copyright, influencer disclosures, endorsements, publicity rights, music rights, CCVs, contests, matches and more, and best practices to follow when nonprofits have unique legal considerations.

Includes: Audio Slides

Many nonprofits collect and store sensitive personal information that is protected by law from identity theft. When there is a breach of the security protecting this sensitive personal information, that poses a risk for the individuals whose data was disclosed, and for the nonprofit that will now potentially be subject to liability for the data breach. This presentation features takeaways for non-profits about how to - at a minimum - assess the risks of a data security breach, and protect its data from unauthorized disclosure.

Includes: Video Audio Slides

Who does regular program grants anymore? In an era when philanthropy is changing rapidly, the needs of philanthropists and the emerging fields they fund are shifting equally as fast. Direct charitable activities and recoverable grants are increasingly popular tools for achieving funders’ charitable goals—learn how foundations can use them effectively. Similarly, deployment of funds to the field through fiscal sponsors and intermediaries is on the rise—what are the legal and practical considerations for using these funding mechanisms?

Includes: Video Audio Slides

Session 01: Election Year Issues: Political Engagement and Affiliated Structures - A practical exploration of the rules regarding political engagement across the nonprofit sector, including how to maximize impact through the use of affiliated structures. Session 02: Federal Election Law and Ethics Rules: What Charities Need to Know -  Most charities know their 501(c)(3) tax status permits them to educate voters on a nonpartisan basis, and engage in limited legislative lobbying, while prohibiting intervention in candidate campaigns for public office entirely. But several activities permitted by federal tax law for charities are nonetheless regulated by federal election law, adding another layer of legal compliance. Charities also need to follow government ethics rules when working with elected and other federal public officials. Gain insight on these intersecting legal frameworks.

Includes: Video Audio Slides

Explore many of the employment issues facing non-profit organizations, including employee compensation and competition, unionization, and the role of AI tools.

Includes: Video Audio Paper Slides

A discussion of both common and unusual related party transactions, as well as the impact of the excess benefit rules under Section 4958 and how transactions can be managed to address or mitigate the federal tax implications.

Includes: Audio Slides