25-Hour Full MCLE Compliance Package: Administrative, Public, and Regulatory Law

Lawyers frequently serve on the boards of both nonprofit and for-profit organizations, leveraging their expertise and experience to provide valuable insights. However, it is crucial to distinguish the role of a board member from that of legal counsel. This CLE is designed to elucidate the distinctions between these roles and guide lawyers on how to clearly define their position within an organization from the outset.

We will explore the ethical considerations unique to lawyers serving as board members, with a focus on identifying and managing potential conflicts of interest. The CLE will cover the legal structures of nonprofit and for-profit entities, highlighting key governance issues and fiduciary duties.

Additionally, the CLE will emphasize the importance of indemnification and insurance in protecting board members from liability. Attendees will learn how to conduct thorough compliance and due diligence assessments before accepting a board position.

This comprehensive program is invaluable for lawyers who have been invited to join a board or those contemplating such a role, providing them with the knowledge to understand potential risks and fulfill their duties effectively as both board members and legal professionals.

This presentation explores how artificial intelligence can be used effectively and ethically in the legal field. Topics include confirmation bias, token limits, hallucinations, context bleed, and personalization. Perhaps most controversial, how AI impacts work product, privilege, and client confidentiality. Learn AI’s best practices for safely integrating it into your legal work without compromising ethics or security.

Matt Whibley, The Vartazarian Law Firm

Christine Rosskopf, a former State Bar prosecutor turned ethics defense counsel, reviews the basics of attorney fee agreements, offers ethical tips, and highlights traps for the unwary.

This program will discuss the ethical issues attorneys and firms should consider when working with attorneys outside the firm, including conflicts of interest, competence, fees, preserving client confidences, communication with the client, and aiding & abetting the unauthorized practice of law. Practical considerations, best practices, and pitfalls to avoid will also be addressed.

Experienced employment law practitioner Beth W. Mora will discuss the new Bias Incivility MCLE, what it is and why it matters to the legal community. Beth will share suggestions on how the legal community can promote civility, eliminate bias-driven incivility in the profession, including incivility and bias by and between at parties, counsel, and the judiciary.

Beth W. Mora, Owner/Managing Partner, Mora Employment Law

Tired of AI panels that hype the future but skip the how-to? This practical session cuts through the noise to show tech-forward lawyers exactly how to build their own lightweight AI tools—no coding required. You’ll learn how OpenAI’s custom GPTs can be quickly configured to streamline repetitive legal tasks, from contract review and subpoena responses to deposition summaries and litigation timelines. We’ll walk step-by-step through building one, explore real legal use cases, and cover critical privacy and privilege concerns. If you're ready to stop talking about AI and start putting it to work, this session is for you.

Aaron Bath, Balfour Beatty

In this presentation, Mr. Mann provides a review of the brain chemistry of addiction and alcoholism, as well as a discussion of the behavioral and health consequences of the disease. Insights are offered into the personality traits of attorneys and the qualities of the legal profession that combine to make lawyers significantly more susceptible to addiction, and more difficult to treat, than the general population. The presentation includes a case study of an addict attorney, as well as a self-diagnosis exercise for attorneys to utilize if they are concerned that they may have a problem which needs to be addressed. Concluding remarks are directed towards both systemic and individual solutions to the problem, with references to specific strategies and resources available to attorneys. Mr. Mann approaches this very serious topic in a manner that incorporates humor and irony and invites attorneys to engage in a bit of sometimes much-needed self reflection.

David Mann, Northern California Consultant, The Other Bar

In this interactive and hands-on session you will learn:

- 3 steps to establish clear and effective boundaries, helping to reduce stress and prevent burnout
- How to enforce boundaries over time while maintaining positive relationships with clients, colleagues, and opposing counsel, ensuring smoother professional interactions
- The practice of setting internal boundaries to support external ones, enhancing mental resilience and reducing emotional fatigue in high-pressure legal situations

Civility is one of the cornerstones of our society and the legal profession. Yet in recent decades it seems to be withering. The California Civility Task Force was convened to identify methods to bring civility back to the legal profession. This program brings together champions of civility from the bar and the bench and members of the Civility Task Force to discuss common drivers of incivility, what incivility looks like in practice, methods to be more civil while zealously advocating for your clients, impact of incivility on clients and counsel, and more.

This program explores the escalating legal battle triggered by Louisiana’s indictment of a New York physician for prescribing abortion medication via telemedicine. With New York refusing extradition, the case exposes a constitutional showdown between states with opposing abortion laws. Drawing comparisons to antebellum extradition disputes and revisiting the federal Extradition Act, the program examines how these conflicts impact law enforcement coordination, the liability risks for out-of-state providers, and the legal tools available to both demanding and refusing states as similar cases emerge nationwide.

Caleb Mason, Werksman Jackson & Quinn LLP

The U.S. Supreme Court has overturned Chevron v. Natural Resources Defense Council, upending 40 years of judicial deference to federal agency interpretations of the laws that they administer. The decision throws into question the power of agencies, on issues including the environment, labor, consumer protection, banking, cryptocurrency, and artificial intelligence.

The author of a leading administrative law casebook and a practitioner who has handled cases arguing for and against Chevon deference will provide a thorough update on this 6-3 decision and what it may mean moving forward.

While “political speech” may have constitutional and legislative protections, it is not a carte blanche to speak without consequences. In recent times, as conflicts and tempers rise and emotions soar, individuals have taken to social media and other public forums to disseminate what some might characterize as political speech while others condemn it as hate speech, incitement to violence, or at best, offensive remarks made in poor judgment. Consequences for such speech have ranged from public shaming via social media to employment termination. Our multi-disciplinary panel of experts will examine political speech as it stands today, the real-world impact, ramifications in the spheres of education and employment, and the future litigation we can expect.

On November 13, 2023, the Supreme Court of the United States published a “Code of Conduct” to which all justices agree to subscribe. Join distinguished Constitutional Law scholars and practitioners as they examine and discuss the published “Code of Conduct” and the state of SCOTUS ethics today.

This program provides attorneys with a foundational overview of U.S. immigration law and the evolving enforcement landscape. With recent shifts in immigration policy and increased funding for the Department of Homeland Security (DHS), it's essential for legal professionals to stay current on enforcement priorities and agency practices. Drawing on her years as Senior Litigation Counsel at the Department of Justice—where she advised DHS, the Department of State, and other federal agencies on complex immigration matters—Nancy K. Canter offers a unique perspective on the structure and function of key immigration enforcement agencies. She will also address emerging trends affecting border enforcement, detention, and deportation. By the end of the session, participants will have a practical understanding of how enforcement efforts are evolving and how they may impact clients navigating the U.S. immigration system.

Nancy Canter, Isaacs • Friedberg • Zill

This program provides a practical overview of business immigration, with a spotlight on H-1B visas and the latest updates impacting employers and foreign talent. It will cover key challenges in nonimmigrant visa applications, strategies for overcoming common obstacles, and the implications of the latest policy changes under the new presidential administration for business immigration.

Emily Allen, Partner, Fragomen, Del Rey, Bernsen & Loewy, LLP

On Day 1, the Trump Administration issued a series of Executive Orders and memos aimed at immigrants. These orders have targeted the right to seek protection in the U.S., access to legal counsel for immigrants facing removal, and even birthright citizenship -- undermining the fundamental protections that all Americans rely upon.

Join VECINA and We The Action for an overview of what these changes mean, and how pro bono attorneys can join the nationwide efforts to stand in solidarity with immigrants by protecting the immigration system and the rule of law in the U.S.

This program offers a practical overview of the EU Data Act and what it means for companies handling digital data across sectors.

Audrey Paquet, Paul, Weiss, Rifkind, Wharton & Garrison LLP
Benjamin Schaerer, IBM Corporation
Jonathan Sue, Sue Household

Did you know that publicly-supported 501(c)(3) organizations have the right to lobby at every level of government? Can you rattle off an accurate definition of “lobbying” for your (c)(3) clients? And can you explain the difference between lobbying and partisan political activity?

The hard core truth is that (c)(3) public charities can lobby. But “lobbying” is so misunderstood that even some seasoned attorneys, grantmakers, and nonprofit leaders treat it like an obscenity. This program will help you:

Understand basic IRS lobbying definitions and limits for 501(c)(3) public charities;
Dispel common myths about nonprofit advocacy that may impact your legal guidance; and
Support your (c)(3) clients in (lawfully) sharing their hard-earned expertise with policymakers.

Sara Matlin, Attorney and Consultant, Matlin Legal

Nonprofit law attorney Heather Glick-Atalla will discuss the pros and cons of forming a nonprofit tax-exempt organization, the different types of nonprofits, and the formation process.

Attorney Arash Hashemi unpacks California’s strict two-party consent rule under Penal Code §632, offering a practical guide to what qualifies as a confidential communication and when recording crosses the line into criminal or civil liability. This program will explore key exceptions—such as public settings, law enforcement, and domestic violence contexts—as well as the consequences of unlawful recording, including exclusion of evidence and potential damages under CIPA.

Arash Hashemi, Law Offices of Arash Hashemi

This panel, with experience across government, defense counsel, and independent monitorships, will provide a 360-degree look at alternatives to traditional penalties and sanctions in corporate prosecutions, civil and regulatory matters, and how compliance-based requirements – including independent monitorships – offer the opportunity to align parties through resolutions that offer benefits for all parties.

After looking at the full spectrum of compliance-based requirements and their use in corporate resolutions, the panel will then deep-dive into the use of independent compliance consultants and monitorships. The panel will offer different perspectives on the use, challenges, potential benefits, and practical learnings of monitorships. This panel is sure to offer lively discussion when a current government attorney, a former government attorney, a defense attorney, and an independent monitor take the stage to discuss the considerations that all parties undertake when deciding to use an independent monitor, the selection process, the role of the monitor, the reporting aspects of monitoring, and the benefits and negative aspects of agreeing to a monitor.

Perspective discussions will include:

- The Government’s Perspective:
- Benefits, challenges, and considerations when considering independent monitoring as a continued oversight tool to ensure effective implementation of remedial actions, satisfaction of government requirements, and a pathway to regain government stakeholder trust.
- The Defense Counsel Perspective:
- The opportunity that compliance-based resolution solutions like independent proactive reviews can offer during the investigation and cooperation phase.
- How the consultant and monitorship alternatives are raised and weighed during the negotiation and resolution phase.
- How these alternatives can speed up or slow down resolutions.
- The role an independent party can play in improving the client/counsel relationship.
- Considerations for counsel when a monitorship is on the horizon for a client.
- The Independent Monitor’s Perspective:
- Aligning all parties.
- Identifying the “client.”
- The real benefits of a monitor.
- Addressing scope creep.
- The monitor's duties.
- Using monitoring as a sword to avoid more severe penalties and sanctions.

This program introduces attorneys to the California Environmental Quality Act (CEQA), focusing on its purpose, procedural framework, and key compliance requirements. It covers essential steps, including environmental review and public participation, while offering practical tools for navigating CEQA effectively. The program also examines the recent state and local executive orders and their impact on rebuilding efforts in wildfire-devastated areas of Los Angeles, highlighting the interplay between emergency responses and CEQA compliance in light of this new order.

Designed for attorneys new to CEQA or seeking a refresher, this webinar equips participants with the knowledge to confidently advise clients and navigate California's essential environmental law.

Stephen E. Velyvis, Burke, Williams & Sorensen, LLP

In this program, Allison Margolin will explore the intersection of the oft overlooked area of water law, and how it intersects with criminal defense and civil rights. The program will provide an overview of West Coast Water Law and the State Water Resources Board and its impact on our own metropolitan water supply. The program will be rounded out with an exploration of water law in the context of federal case law.