2021 Convention Continuing Legal Education
2021 Convention: Continuing Legal Education
Thursday, October 7
The Thursday educational sessions are designed to enhance your knowledge of specific areas in ways that can elevate your paralegal career.
Each session provides 1.0 CLE credit. This is pending approval from NFPA.
- eDiscovery - Certification
With the growth of electronic evidence in litigation, it is not surprising that programs have arisen providing certification in essential eDiscovery skills and knowledge. Kelley will talk about the certification process and how it has benefited her in her work and provided real value to the litigation projects she works on. She will also talk about how her certification has greatly enhanced her team’s ability to provide support for their attorneys’ fee petitions to the court.
Presented by: Kelley Chaney, RP, CEDS
Kelley Chaney joined Dunn Carney LLP in Portland, Oregon, in 2012 as a complex litigation paralegal; she has more than two decades of experience working in the legal field. Kelley assists attorneys in all aspects of case management, discovery and trial preparation. She has extensive experience in employment law, traumatic brain injury cases, business litigation, insurance defense and personal injury litigation.
Kelley specializes in managing e-discovery by applying innovative ESI strategies. She is one of only a handful of Oregon paralegals with an e-discovery certification through ACEDS. She tackles e-discovery early in the case, starting with developing a targeted defensible plan for identification, preservation, and collection. Kelley’s experience allows her to balance the use of the latest technology with a practical evaluation of cost-effective alternatives tailored for each case. Active in the pro bono community, Kelley believes that paralegals have a unique set of skills that can benefit the equal access to justice goals of the legal community. Her passion is to continue matching appropriate pro bono and community service opportunities in Portland with suitable volunteer paralegals.
Data Security & Data Privacy
This presentation will cover the developments in the dynamic and ever-changing area of data security and data privacy, the compliance issues related to the latest developments, and the continuously evolving risks in our information economy.
Presented by: Leila J. Javanshir & David Rice
Leila J. Javanshir, Attorney, Miller Nash LLP
Leila Javanshir is an attorney at Miller Nash LLP and a certified information privacy professional (CIPP-US). She began her career with the firm as a summer associate in 2017 and assists with matters involving privacy, data security, intellectual property, vendor contracting, and related federal and state regulatory compliance. As part of the firm’s technology and emerging business industry team, she dedicates a significant part of her practice to helping clients develop a strategic, global approach to privacy and data security. Leila also regularly drafts consumer-facing privacy policies and terms that comply with applicable privacy and data protection frameworks.
Leila has extensive knowledge and experience with the California Consumer Privacy Act (CCPA) and the Telephone Consumer Protection Act (TCPA) and has assisted numerous clients with compliance. Leila also guides her clients through data security incidents to ensure their compliance with state notification laws. Leila received her bachelor’s degree from Western Washington University before earning her law degree magna cum laude at the Seattle University School of Law.
David Rice, Attorney, Miller Nash LLP
David Rice is a data privacy and security attorney at Miller Nash LLP and CIPP-US certified by the International Association of Privacy Professionals. He has more than 25 years of experience representing clients on data privacy and security issues, data breaches, technology transactions, and cloud services and infrastructure. He advises clients on privacy compliance, handles incident response, conducts employee cybersecurity training, and formulates responses to data subject requests.
David has negotiated hundreds of complex information technology contracts, including agreements involving cloud services, data and marketing, data centers, networking, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), databases, colocation, SaaS, IoT, content delivery networks, dark fiber, IP transit, communications services and equipment, wireless networks, equipment leases, device trials, the Health Insurance Portability and Accountability Act (HIPAA), the Family Educational Rights and Privacy Act (FERPA) and spectrum leases. He received his bachelor’s degree from George Washington University before earning his law degree cum laude at the Columbus School of Law.
This session will focus on attorney-client and work-product privilege determinations, although other types of privilege will be discussed, along with the current case law and trends in this area.
Presented by: Colin Folawn and Chris Howard
Colin Folawn, Attorney, Schwabe Williamson & Wyatt
Colin Folawn helps clients resolve complex disputes, often involving the maritime and technology industries. He handles cases involving privacy and data security breach matters, maritime/admiralty law, and complex contract issues that include insurance and commercial matters. He also provides legal advice to lawyers regarding legal ethics and loss prevention.
Colin has tried civil jury cases to verdict in Washington courts and has written and argued several successful motions in state and federal courts. An experienced appellate lawyer, he has won cases before the Ninth Circuit Court of Appeals, the Washington Court of Appeals and the Washington Supreme Court.
Christopher H. Howard, Attorney, Schwabe Williamson & Wyatt
Christopher Howard is a strategically minded litigator who can and will take the appropriate case to trial. Chris’s practice is diverse, with a wide range of clients including ports, hospitals, national restaurant chains, life and disability insurers, and medical, legal, accounting and other professionals.
Chris practices before federal and state courts and handles all forms of alternative dispute resolution. He has tried over 90 cases, mostly in multi-week jury trials, and has served as appellate counsel for over forty reported appellate opinions. In addition to serving his clients in court, Chris is a frequent speaker on ethics and risk management topics for professionals and self-insured entities and co-leads Schwabe's Ethics Hour Series. Chris is skilled at marshaling the right resources to efficiently serve each client’s needs. Chris serves as Shareholder in Charge of the Seattle office and as Assistant General Counsel to the firm.
Josh and his company, Fat Pencil Studio, create graphic presentations for use at court trials, arbitrations and mediations. He will discuss the considerations a litigation team must take to prepare these multimedia productions so that they can be properly entered as evidence at trial. His work includes event scene recreation, photogrammetry and 3d visualization and he will provide examples of how these methods are used in real litigation situations.
Presented by: Josh Cohen
Josh Cohen, Founder, Fat Pencil Studio
Josh founded Fat Pencil Studio in 2004. With his wonky mind for technical details, and degrees in architecture and civil engineering, Joshua brings a wealth of knowledge to every project. His passion for inventive solutions gives him a genuine enthusiasm for helping project teams utilize visual thinking for authentic collaboration and effective presentations.
- Complying with the Corporate Transparency Act - What You Need to Know
This presentation will discuss the history, requirements, and practical implications of the Corporate Transparency Act (CTA) as well as likely best practices for ensuring compliance.
Presented by: Brenton W. Twitchell
Brenton W. Twitchell, Attorney, Miller Nash LLP
As an attorney at Miller Nash LLP, Brenton Twitchell partners with growing technology and services businesses to proactively and thoughtfully guide them through the legal aspects of achieving their business objectives. He routinely assists owners and management in navigating complex mergers and acquisitions; creating and structuring legal entities and businesses; raising capital through private securities offerings, forming strategic alliances, managing vendor, supplier, and contractor relationships; complying with fiduciary and governance obligations; and planning around incentivizing employees and issues related to succession.
Brenton has represented companies from a variety of industries, including technology, biotech, renewable energy, food and beverage, real estate, and manufacturing. He also has extensive experience negotiating transactions. His approach is collaborative and team-based, leveraging a wealth of experience and insight on behalf of his clients. Brenton received his bachelor’s degree magna cum laude from Brigham Young University before earning his law degree summa cum laude from the University of Arizona.
- The Mind & Heart of the Negotiator
Everyone is a negotiator sometime in their life. Learn the fundamentals of Negotiations, how to prepare, the importance of listening and the three strategies of negotiation. Prepare by developing your BATNA (Best Alternative to a Negotiation Agreement), your reservation point, and understanding the Bargaining Zone. Use the strategies to ‘Expand the Pie’ by including other issues in the discussion. Learn about the common mistakes negotiators make and some of the common myths.
Presented by: Coni S. Rathbone
Coni S. Rathbone
Coni Rathbone is a remarkable negotiator and deal-maker. Bringing together seven years of management and financing experience prior to law school, Coni uses her negotiation skills to accomplish her clients’ goals with a minimum of conflict. She focuses her deal-making skills in the areas of real estate, tenant-in-common (TIC) workouts, opportunity zones, corporate and securities law, mergers and acquisitions, and general business transactions. She leads Dunn Carney’s Opportunity Zone practice and is a member of Dunn Carney’s Real Estate, Business and Securities Teams.
Coni helps her clients purchase, develop and sell commercial property, navigate securities transactions including private placements of securities, and invest in and develop Qualified Opportunity Zones and Qualified Opportunity Funds. Among her Opportunity Zone clients is a Portland developer who Coni helped launch a $330 million Qualified Opportunity Fund — one of the first and largest in the state.
As a nationally known legal counsel to TIC owner groups, Coni has represented more than 150 owner groups since 2008. She helps groups with issues including protection from predatory asset managers or consultants, and arrangements for loan modifications and manager changes. Coni also has vast experience working with Master and Special Servicers, and understands their goals and needs. She takes a very practical and common sense approach to workouts, understanding that her primary job is to meet the needs of the lender so that she can preserve the assets for her borrower clients.
Coni is a prominent presenter and writer about topics ranging from Opportunity Zones and Negotiations to Tenant-in-Common issues. Coni also forms, buys and sells businesses, and serves as general counsel for many startups and established businesses. She is a prominent national speaker and writer in this area as well.
Juror Psychology in the Age of Coronavirus
For decades we have been studying jurors’ reactions to disputes with the goal of helping clients present the most effective case possible. Based on our jury research, we will discuss attitudes in this time of social distancing, and the COVID-19 crisis. We will describe how this data may give us a glimpse into how jurors view liability and damages in cases in the future.
Presented by: MaryGrace Schaeffer
MaryGrace Schaeffer has developed trial strategies from a social science perspective for over thirty years. She has provided jury research and trial consulting on hundreds of civil and criminal cases across the country. Ms. Schaeffer’s expertise includes overall trial strategy and theme development, mock trials, voir dire, witness evaluation and preparation, shadow juries, post-trial interviews and visual communications. She is a frequent speaker on voir dire and jury selection, trial tips and techniques and expert witness performance throughout the United States.
“Securities” covers more that what’s on the stock market. Real Estate Investors in particular use a form of securities to raise money for development projects and acquisitions of commercial real estate properties. Learn more about how this process works and the role of the attorney in advising on the structure of these transactions and the typical documentation of a securitized investment.
Presented by: Jason Powell
Jason Powell is a seasoned real estate, securities and corporate attorney with substantial experience advising real estate investment companies and developers, businesses, lenders, investors and start-ups across the United States. His practice focuses on real estate securities offerings, acquisition, due diligence, development, disposition and leasing of real estate, as well as business transactions from formation to exit. Jason is a member of the firm’s Real Estate, Business, and Opportunity Zone Law Teams.
Jason advises clients on forming and operating real estate syndications, real estate funds, mortgage pools and performing and non-performing note pools. He drafts securities’ offering documentation including private placement memoranda and subscription agreements for capital raise projects and negotiates, structures and drafts agreements related to real estate acquisition, disposition, joint venture, and financing and leasing activities. He also advised a broad range of business from start-ups to established companies on all types of transaction matters during a business’ life cycle, including business combination transactions, including mergers and acquisitions.
As a results-oriented deal maker, Jason effectively analyzes, structures, negotiates and closes sophisticated business and real estate transactions. He focuses on the big picture to ascertain clients’ strategic business direction and formulate risk mitigation strategies to protect corporate capital and profitability. In addition, Jason is a real estate investor, author, speaker and educator. He has written two books about private money lenders and is working on a book focusing on real estate syndication.
Settling Federal Tax Disputes
This session will focus on the procedures for settling a dispute with the Internal Revenue Service, including what information and documents become pertinent, who at the IRS you are likely to deal with, what rights of the taxpayer need to be preserved, and how to assess the strengths and weaknesses of your client’s position.
Presented by: Jonathan Mishkin
Mr. Mishkin has more than 20 years’ experience as a practicing tax and estate planning attorney where he utilizes his extensive background in individual, corporate, international, and real estate taxation along with knowledge in asset protection/estate planning techniques to advise his clients on methods to mitigate tax exposure while maximizing wealth transfer to successive generations.
Mr. Mishkin has a Bachelor of Arts in economics and political science from the University of Pennsylvania. He obtained his Juris Doctorate from the University of Oregon School of Law, and an LL.M. (Master of Laws) in Taxation from the Georgetown University Law Center, where he served as the Graduate Tax Policy Scholar advising the United States Congress on matters of tax policy and legislation.
Licensed Legal Professionals and UPL
States across the country have implemented or are exploring licensed legal professional programs to increase access to justice. The programs vary widely but the common element among them is the requirement of a paralegal education as a baseline. This development will affect every paralegal in some way.
This session will provide a broad survey of the various programs, then focus on the educational and professional experience elements, the applicable codes of ethics, and examine the implications of these programs on Unauthorized Practice of Law jurisprudence.
Finally, there will be an interactive session where participants will share their thoughts on which areas of law would benefit from these programs and ways they might assist in closing the access to justice gap among low and middle income Americans.
Presented by: Toni Marsh, JD, Director of Paralegal Studies, George Washington University
Toni Marsh is the founding director of the George Washington University paralegal studies program and an associate professor of Paralegal Studies.
Professor Marsh, the author of Juvenile Law, designed and launched the first formal paralegal education program in the nation of Tanzania at the University of Bagamoyo; the curriculum is now used throughout the nation of Tanzania. She also designed and launched the Paralegal Studies program at the University of North Carolina in Charlotte.
Professor Marsh presents on paralegals and access to justice, expanding paralegal roles, the unauthorized practice of law, and paralegals in tribal communities in the US, Ecuador, and Tanzania.
What is the role of the Title Report in a real estate transaction? Ms. Lodeski will discuss the features and contents of the Preliminary Title Report, otherwise known as the Title Commitment, and how it relates to the title insurance that will be issued to the new owner and the lender for the property mortgage.
Presented by: Carlene J. Lodeski
Carlene J. Lodeski, Senior Sales Executive, Lawyers Title of Oregon
Carlene J Lodeski, AVP, Senior Sales Executive for Lawyers Title of Oregon began her career in title insurance in 1986. She began developing escrow & title insurance training curriculum in the 1990’s for consumer divisions of banks such as Bank of America, Wells Fargo and multiple credit unions that were regional covering up to nine states. Carlene has completed Land Title Institute I & II certification as well as Oregon Escrow Council I, II & III certifications. Currently she serves on the board of RMA Portland Chapter (Risk Management Association – education for credit analysts, commercial loan officers and commercial underwriters). Carlene also serves on the board of three nonprofits in the Portland, OR metro area serving underserved individuals and families for sustainable housing.
- The Cumulative Effects of Stress and Discrimination
Stress has a deleterious effect on both one's physical and mental well-being. Discrimination has equally injurious health consequences. While it has long been recognized that stress can lead to a plethora of ailments, discrimination is equally as damaging to one's health. Stress coupled with continuous discrimination leads to chronic illnesses, worse health outcomes, and shortened life spans. It is important to recognize that health vulnerability is related to stress which can be exacerbated by the discrimination that marginalized populations routinely experience.
Topics to be examined include: the manifestation of stress in the workplace; the impact of stress on health outcomes; the stressors of marginalized populations; the correlation between continuous discrimination and health issues; the effects of medical discrimination.
Presented by Members of the NFPA Diversity, Inclusion & Equity Committee: Sybil Taylor Aytch, M.Ed., RP®, Aaron Bath, CEDS, RP®, Brenna Dickey, RP®, Sonjanita Coleman Jordan, Stefanie Trujillo, Jay M. Williams, TBLS-BCP
Sybil Taylor Aytch, M.Ed., RP® is Chair of NFPA’s Diversity, Inclusion, and Equity Committee, a social justice proponent, and a native of New York City. She is the Senior Paralegal in the Commercial Bankruptcy, Restructuring and Creditors’ Rights group in the Phoenix, Arizona office of Quarles & Brady LLP, and previously worked in the Corporate Restructuring group in the New York office of Skadden, Arps, Slate, Meagher & Flom LLP. Sybil holds a double Bachelor’s degree in French and English from Smith College in Northampton, Massachusetts and a Master of Education degree in Educational Psychology from Northern Arizona University. She was also educated in Paris, France and holds a Certificat en Sciences Politiques in International Law from l'Institut d'Études Politiques. Sybil writes and speaks frequently on issues related to the paralegal profession including ethics, technology, utilization, professionalism, diversity, inclusion, equity, and social justice. Sybil is also an Adjunct Professor in the Legal Studies department at Phoenix College, co-author of two ethics textbooks, and a member of the Arizona Supreme Court’s Commission on Diversity, Equality, and Justice in the Judiciary.
Aaron Bath, CEDS, RP® serves as the global Director of Legal Operations & Litigation Management for Balfour Beatty, a $14 Billion market-cap multinational infrastructure group. Contemporaneous to his day job, Aaron is the adjunct professor of legal technology, eDiscovery, and litigation management at Southern Methodist University, where he previously earned his Bachelor's degree in Jurisprudential studies and a graduate-level Paralegal certificate. Most recently, Aaron completed a professional certificate in Data Science & Analytics for Executives from Columbia University in New York, and a Masters in Artificial Intelligence from MIT. Aaron is the President of the Dallas Area Paralegal Association (DAPA) and serves on the Board of Directors for the Association of Certified eDiscovery Specialist (ACEDS). He is a member of NFPA’s Diversity, Inclusion, and Equity Committee.
Brenna Dickey, RP® is a member of NFPA’s Diversity, Inclusion, and Equity Committee. Brenna is also a member of the Oregon Paralegal Association, holding various roles in OPA’s leadership, including her current role as NFPA Primary Representative. For the past 22 years, Brenna has worked in the Pacific Northwest regional law firm, Miller Nash LLP’s business department, assisting the firm’s clients and attorneys with mergers and acquisitions, corporate formation and maintenance, and due diligence review. Brenna is proud to be part of Miller Nash, which has successfully completed Diversity Lab’s Mansfield 3.0 program and has achieved Mansfield Certification Plus status. To learn more about Brenna, check out her bio: http://www.millernash.com/brenna-dickey/.
Sonjanita Coleman Jordan has been a paralegal for 17 years with a vast career that spans several areas. She is a 2004 graduate of the University of New Orleans Paralegal Studies Program where she received her ABA-approved Paralegal Certificate. She is a current member of the New Orleans Paralegal Association (NOPA) and served 3 terms as its president from 2015-2017. Sonjanita is an original member of NFPA’s Diversity, Inclusion, and Equity Committee and is a passionate proponent of rehabilitative grace and restorative justice. She was awarded NFPA’s inaugural Justice Champion Award in 2018 and NOPA’s 2016 Paralegal of the Year Award. She has also served as NOPA’s Student Mentor Committee Chair for 2 years. Sonjanita is a former member of the Louisiana State Paralegal Association (LSPA) and was awarded LSPA’s 2011 Outstanding Paralegal of the Year Award. Sonjanita serves on the Paralegal Advisory Board at Herzing University and on the General Legal Studies Advisory Board at Tulane University. She is also a speaker and author.
Stefanie Trujillo is a Senior Litigation Paralegal at Otten Johnson Robinson Neff + Ragonetti and brings nearly 20 years of experience working in executive and project management roles in the legal industry’s public and private sectors. Stefanie has deep experience implementing policies and procedures to maximize overall law firm efficiency. Stefanie believes that employee retention is crucial to a law firm’s success, including positioning all employees for success and pairing talent with the appropriate support to increase productivity and promote professional relationships. Stefanie holds a Bachelor of Arts degree in Political Science and a Law Studies Minor from the University of Colorado. Stefanie is President of the Rocky Mountain Paralegal Association, Director of Membership for the Denver chapter of Women in eDiscovery, a member of NFPA’s Diversity, Inclusion, and Equity Committee, and an Adjunct Professor at Arapahoe Community College She is a proud mother of two boys, social justice advocate, and author.
Jay M. Williams, TBLS-BCP is a freelance paralegal and owner of JMW Paralegal Services, LLC in Dallas, Texas. He became a Board Certified Paralegal in Civil Trial Law in 2013 and Personal Injury Trial Law in 2015, and served on the TBLS Commission for Personal Injury Trial Law since 2017. Jay has previously spoken on topics related to discovery in personal injury for the Institute of Paralegal Education (IPE) and has authored articles on a wide variety of topics for paralegals in Texas and nationwide. He has served in many capacities with the Dallas Area Paralegal Association, including President in 2008. In July 2009, Jay was voted to fill the unexpired term as NFPA’s Vice President and Director of Profession Development. He is also an active member of and served in leadership capacities with the Paralegal Division of the State Bar of Texas. Additionally, Jay is NFPA’s Corporate Partners Coordinator and is a member of the Diversity, Inclusion, and Equity Committee. He was appointed to serve as NFPA’s Marketing Coordinator and Chair of the Access to Justice Committee in 2021.
Register for CLE information here.