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9th CIRCUIT RESOURCES
A Message from the Nevada Board of Continuing Legal Education
The Nevada Board of Continuing Legal Education has adopted new regulations for 2019 regarding how attorneys report CLE credit. Details regarding this change are listed in the CLE Board’s message, as follows:
Reporting CLE Credit; What Attorneys Need to Know
“In 2014 the Board undertook study and then subsequent efforts to shift the cost of the Board’s operations from Nevada’s lawyers to Providers of Continuing Legal Education. In 2018, the Board launched new regulations wherein Providers were required to pay “Credit-Hour Fees” when they reported attendance and Credit Hours for their courses. Unfortunately, the new regulatory scheme, though well-intentioned, proved unworkable. In response, after receiving input from the Nevada Supreme Court by way of changes to SCR 205 – 215, to include public comment and a hearing, and from the Board of Governors of the State Bar of Nevada, the Board has implemented new regulations for 2019. The Board has eliminated the problematic Credit-Hour Fee, but for-profit Providers will be required to pay a simplified Course Application Fee, the amount of which is determined by the number of Credits provided in a program. The new regulatory model will ensure that at least some of the Board’s operational costs will be absorbed by Providers.
Effective this year (2019), each Nevada lawyer is required to submit an Affirmation of Attendance at the Board’s website by December 31st. The Affirmation sets forth the following information for each course the lawyer attended: name of the program; program provider; date attended; program format; and, credits earned. Per SCR 210, the Affirmation is the lawyer’s statement under penalty of perjury that the lawyer has attended the courses set forth in the Affirmation for the hours listed in the Affirmation. The Board is updating its software. It is anticipated that for most courses, when the lawyer logs into the Board’s website and opens the Affirmation, the information will already be present on the lawyer’s Affirmation based on attendance reported to the Board by Providers and the Board’s software, but the lawyer will need to verify accuracy and may need to make changes (e.g., number of credits actually completed). In some cases, lawyers may need to manually input information regarding a program the lawyer attended that was not reported to the Board by the Provider.
The Board will conduct compliance audits. For purposes of audit, lawyers are required to maintain for three years all certificates of attendance, program outlines, agendas, receipts and other evidence of attendance.
The CLE Board will continue to maintain at its website a transcript of the lawyer’s credits reported to the Board by Providers, but this is separate and apart from the Affirmation. The transcript is a useful tool to track credits carried forward from prior years; however, a lawyer’s review of the attorney credit transcript does not constitute compliance with the Affirmation requirement of SCR 210. The CLE Board will also maintain at its website a list of approved courses and a list of Accredited Providers and Other Providers.
Attorneys are encouraged to direct any questions about the changes to the Rules and Regulations to the CLE Board at firstname.lastname@example.org.”
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Clear Obviousness Rejections: Important Lessons from Outdry v. Geox --A recent case from the Court of Appeals for the Federal Circuit, Outdry Technologies Corp. v. Geox S.P.A., is used as a vehicle for discussing good practices for writing clear obviousness rejections. This course emphasizes the importance of proper claim construction and a clear articulation of the obviousness rejection including citation of evidence, reasoned explanation and factual findings.MOTyler - Wx - Pros - Bank - A24 - R - H - LBPit