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LIVE REPLAY: 2022 Ethics and Social Media Update

$59.00

  Lawyers use social media technology to collect and share information, and communicate with others, not only personally but also when acting as lawyers. Important and probative information about a case can be more easily found on social media than elsewhere. Social media is also easily used to communicate with existing or potential clients, colleagues or opposing lawyers, and the public. These and other uses of social media raise substantial ethical issues for lawyers – competence, confidentiality, preservation of the attorney-client privilege, and honesty.  This program will provide you with a practical guide to ethical issues when lawyers use social media for communication purposes in law practice.   Communicating with parties, opposing attorneys, and witnesses via social media Researching jurors, parties, witnesses and judges via social media Ethical issues with blogging, e-newsletters/law updates to clients, posting video “Friending” or otherwise connecting with judges, witnesses and others on social media Trends in texting, confidentiality, and discoverability Using web sites, online advertising and social media for client development   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/3/2023
    Presented
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Due Diligence in Business Transactions

$59.00

Due diligence, often guided by lawyers, is essential to the success of major business transactions and poorly planned or conducted diligence can contribute to a buyer not getting the benefit of its bargain.  Diligence helps confirm essential assumptions about the value of a transaction and aids the discovery of unknown liabilities. There’s also a subtle relationship between the content of diligence and the time allowed to conduct it.  In more robust market environments, sellers have the upper hand and can limit diligence, making the process about time allocation and risk management. This program will provide you with a practical guide to planning the diligence process, understanding the most important areas of inquiry depending on the type of transaction, and review checklists.   What to diligence, utilizing experts, and managing the process and time Impact of market environment on the length and scope of diligence Checklists – what information do you need to get, from whom, and on what timeline? Hard assets v. soft assets – how to diligence the validity and title to each Contracts with suppliers and customers – ensuring stability and visibility of revenue Financial records and statements – what should attorneys look for?   Speaker: C. Ben Huber is a partner in the Denver office of Greenburg Traurig, LLP, where he has a broad transactional practice encompassing mergers and acquisitions, restructurings and reorganizations, corporate finance, capital markets, venture funds, commercial transactions and general corporate law.  He also has substantial experience as counsel to high tech, biotech and software companies in the development, protection and licensing of intellectual property.  His clients include start-up companies, family- and other closely-held businesses, middle market business, Fortune 500 companies, venture funds and institutional investors.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/4/2023
    Presented
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Appraisals in Commercial Real Estate Finance & Development

$59.00

Appraisals are part and parcel of every major realistic transaction.  Lenders will not loan without an appraisal.  Loan-to-value ratios are measured against the appraisal.  Investors will not invest without an appraisal.Appraisals are not set-piece documents, however; they involve a multiplicity of valuation metrics and different appraisers looking at the same property can and do generate widely varying valuations.  Because of their centrality to real estate transactions, understanding their structure and content is essential.  This program will provide you with a real-world guide to how appraisals are prepared and used in commercial real estate, their traps, and how they are incorporated into transactional documents.   Use of appraisals in obtaining funding for development projects and acquisitions Ensuring appraisals are prepared according to standards – and fraud risks if they are not Integrating appraisals in underlying operative documents What lawyers should look for in appraisals provided to clients – and how to spot red flags   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/5/2023
    Presented
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Default and Eviction of Commercial Real Estate Tenants

$59.00

When a commercial real estate tenant defaults on a lease, there is substantial risk not only for the tenant but also for the landlord.  Though the lease may specify extensive landlord remedies, most courts will strictly construe the lease against the landlord, requiring strict adherence to notice of default and other process-related provisions in the lease. Failure to comply with these provisions and the requirements of law exposes the landlord to substantial liability, including lease termination and loss of rent, even though the tenant is in default. There are additional risks if the landlord accepts partial rent payments from the tenant or takes possession of the leasehold or tenant chattels. This program will provide you with a practical guide to tenant default under commercial leases and provide tips for drafting leases to protect landlords.   Drafting in anticipation of tenant default Essential steps in providing notice of default and eviction Common landlord mistakes – waiver of tenant default, tenant lockouts, disposal of tenant/third party property Liability issues for landlord – lease termination, loss of rent, damages Tenant remedies for improper landlord actions   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/6/2023
    Presented
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LIVE REPLAY: Ethics in Trust and Estate Practice

$59.00

Trust and estate practice often sits at the intersection of money, aging clients, family drama, easy accusations of self-dealing and misdeeds, dispute – and anger.  This turbulent combination of circumstances can put attorneys in difficult ethical spots. Questions about the competence of aging clients in combination with family drama can easily lead to ethical complaints and eventually litigation. There are also issues of decision-making authority and confidentiality if someone other than the client is paying for the representation.  Conflicts of interest, especially where a longtime client may gift something to the attorney, are rife. This program will provide you with a practical guide to substantial ethical issues in trust and estate practice. Working with clients with diminished capacity and protecting against challenges Confidentiality – understanding what information is confidential and when and to whom it can be disclosed Conflicts of interest – joint and common representations, husbands and wives, multiple generations of a family Gifts from clients – what lawyers may accept, what should they decline? Special issues when someone other than the client pays for a representation   Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School. Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/10/2023
    Presented
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Beneficiary Designations in Retirement Accounts: Protecting a Lifetime of Savings

$59.00

Other than a personal residence, the largest single asset class consists of financial assets. These accounts may be 401(k)s or IRAs, annuity or insurance contracts, or a variety of brokerage or bank accounts. The crucial planning aspect of these types of accounts or contracts is that they can be transferred through beneficiary designations. Though a seemingly simple expedient, beneficiary designations vary among types of accounts and each comes with its own nuances – and traps, which can lead to severely adverse tax and practical outcomes.  This program will provide you with a real-world guide to understanding, reviewing, and drafting beneficiary designations in trust and estate planning.   How beneficiary designations vary depending on the type of custodial account involved Differences among retirement accounts, bank accounts, brokerage accounts, life insurance policies How designations differ depending on the type of beneficiary – individual, institutional, trust, etc. “Payable on Death” agreements for bank accounts Practical guidance on how designations are made & common drafting traps   Speaker: Jeremiah W. Doyle, IV is senior vice president in the Boston office of BNY Mellon Wealth Management, where he provides integrated wealth management advice to high net worth individuals on holding, managing and transferring wealth in a tax-efficient manner.  He is the editor and co-author of “Preparing Fiduciary Income Tax Returns,” a contributing author of Preparing Estate Tax Returns,and a contributing author of “Understanding and Using Trusts,” all published by Massachusetts Continuing Legal Education.  Mr. Doyle received his B.S. from Providence College, his J.D. form Hamline University Law School, and his LL.M. in banking from Boston University Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/11/2023
    Presented
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LIVE REPLAY: Planning with Single Member LLCs, Part 1

$59.00

Single Member LLCs are among the most flexible vehicles in business and real estate transactions.  Creatures of state law, they are “nothing” for federal income tax purposes.  They can be used to minimize tax and liability with maximum organizational flexibility. They may be used in conjunction with S Corps and general partnerships in business and real estate transactions. But there are also substantial limits and traps.  Among the traps is that their limited liability can be pierced more easily through equitable doctrines to personal liability. There are also many potential tax traps.  This program will provide you with a real-world guide to organizing and using Single Member LLCs in transactions.   Day 1: Classification of LLCs for income tax purposes – what does “nothing” mean? Formation and organizational issues – how they differ from multi-member LLCs Relationship to S Corps – as owners, as subsidiaries, as Single Member LLCs themselves Single Member LLCs as charities or as property of charities – and gifting issues Merger and acquisition issues involving Single Member LLCs Series LLCs as an alternative to commonly owned Single Member LLCs   Day 2: Changes in tax classification of Single Member LLCs Single Member LLCs and general partnerships – which may own which? Piercing the veil of a Single Member LLC Compensation issues and traps Use of charging orders against Single Member LLC distributions Use of SMLCCs in real estate transactions, including Like-Kind Exchanges State tax and excise tax overview   Speakers: Paul Kaplun is a partner in the Washington, D.C. office of Venable, LLP where he has an extensive corporate and business planning practice, and provides advisory services to emerging growth companies and entrepreneurs in a variety of industries. He formerly served as an Adjunct Professor of Law at Georgetown University Law Center, where he taught business planning.  Before entering private practice, he was a Certified Public Accountant with a national accounting firm, specializing in corporate and individual income tax planning and compliance.  Mr. Kaplun received his B.S.B.A., magna cum laude, from Georgetown University and J.D. from Georgetown University Law Center. Elizabeth Fialkowski Stieff is an attorney in the Baltimore, Maryland office of Venable, LLP, where her practice focuses on corporate advisory matters, including mergers, acquisitions, and joint ventures, as well as tax controversies.  Prior to joining Venable, she was an associate in corporate and securities practice at a national law firm, where she advised clients on a variety of federal and state tax issues.  Before entering private practice, she served as a judicial clerk to Judge L. Paige Marvel of the United States Tax Court.  Ms. Stieff earned her B.A. from John Hopkins University and her J.D. and LL.M. from Georgetown University Law Center.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/12/2023
    Presented
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Course1

LIVE REPLAY: Planning with Single Member LLCs, Part 2

$59.00

Single Member LLCs are among the most flexible vehicles in business and real estate transactions.  Creatures of state law, they are “nothing” for federal income tax purposes.  They can be used to minimize tax and liability with maximum organizational flexibility. They may be used in conjunction with S Corps and general partnerships in business and real estate transactions. But there are also substantial limits and traps.  Among the traps is that their limited liability can be pierced more easily through equitable doctrines to personal liability. There are also many potential tax traps.  This program will provide you with a real-world guide to organizing and using Single Member LLCs in transactions.   Day 1: Classification of LLCs for income tax purposes – what does “nothing” mean? Formation and organizational issues – how they differ from multi-member LLCs Relationship to S Corps – as owners, as subsidiaries, as Single Member LLCs themselves Single Member LLCs as charities or as property of charities – and gifting issues Merger and acquisition issues involving Single Member LLCs Series LLCs as an alternative to commonly owned Single Member LLCs   Day 2: Changes in tax classification of Single Member LLCs Single Member LLCs and general partnerships – which may own which? Piercing the veil of a Single Member LLC Compensation issues and traps Use of charging orders against Single Member LLC distributions Use of SMLCCs in real estate transactions, including Like-Kind Exchanges State tax and excise tax overview   Speakers: Paul Kaplun is a partner in the Washington, D.C. office of Venable, LLP where he has an extensive corporate and business planning practice, and provides advisory services to emerging growth companies and entrepreneurs in a variety of industries. He formerly served as an Adjunct Professor of Law at Georgetown University Law Center, where he taught business planning.  Before entering private practice, he was a Certified Public Accountant with a national accounting firm, specializing in corporate and individual income tax planning and compliance.  Mr. Kaplun received his B.S.B.A., magna cum laude, from Georgetown University and J.D. from Georgetown University Law Center. Elizabeth Fialkowski Stieff is an attorney in the Baltimore, Maryland office of Venable, LLP, where her practice focuses on corporate advisory matters, including mergers, acquisitions, and joint ventures, as well as tax controversies.  Prior to joining Venable, she was an associate in corporate and securities practice at a national law firm, where she advised clients on a variety of federal and state tax issues.  Before entering private practice, she served as a judicial clerk to Judge L. Paige Marvel of the United States Tax Court.  Ms. Stieff earned her B.A. from John Hopkins University and her J.D. and LL.M. from Georgetown University Law Center.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/13/2023
    Presented
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Drafting Indemnity Agreements in Business and Commercial Transactions

$59.00

Indemnity agreements are central to the risk allocation and limitation of liability system built into most transactionalarrangements. The indemnitor agrees to indemnify the indemnitee on the occurrence of certain events. The scope of liability in these agreements is very carefully defined, often including actual costs but excluding consequential damages or any damages arising from third-party claims. All of the pieces of the indemnity puzzle – scope, measure of damages, exclusions and procedures for cost recovery – must be very carefully considered, negotiated and drafted. This program will provide you with a practical guide to drafting key provisions of indemnity agreements in transactional agreements.    Scope of indemnity – indemnity v. hold harmless, damages v. liabilities, direct v. third-party claims Types of losses subject to indemnity – breaches of reps and warranties, covenants, losses, specific circumstances Determining recoverable damages and costs, including attorneys’ fees Implied or equitable indemnity – and use of disclaimers to limit liability Difference between the duty to defend v. indemnification  Procedure for claiming and obtaining indemnification reimbursements   Speakers: Joel R. Buckberg is a shareholder in the Nashville office of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. and chair of the firm’s commercial transactions and business consulting group. He has more than 45 years’ experience structuring and drafting commercial, corporate and business transactions.  He also counsels clients on strategic planning, financing, mergers and acquisitions, system policy and practice development, regulatory compliance and contract system drafting. Prior to joining Baker Donelson, he was executive vice president and deputy general counsel of Cendant Corporation.  Mr. Buckberg received his B.S. form Union College, his M.B.A. from Vanderbilt University, and his J.D. from Vanderbilt University School of Law. William J. Kelly, III is a founding member of Kelly Law Partners, LLC, and has more than 30 years’ experience in the areas of employment and commercial litigation.  In the area of employment law, he litigates trade secret, non-compete, infringement and discrimination claims in federal and state courts nationwide and has advised Fortune 50 companies on workplace policies and practices.  In the area of commercial litigation, his experience includes class action litigation, breach of contract and indemnity, mass-claim complex insurance litigation, construction litigation and trade secrets.  Earlier in career, he founded 15 Minutes Music, an independent music production company.  Mr. Kelly earned his B.A. from Tulane University and his J.D. from St. Louis University School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/14/2023
    Presented
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LIVE REPLAY: Subtenants in Commercial Leasing: How to Protect Your Client

$59.00

Subleases are by their very nature filled with substantial risk.  A sub-tenant agrees to take space – office, retail, or industrial – from a sub-landlord, pay the sub-landlord rent, and perform certain services. But without between the sub-tenant and the senior landlord, the sub-tenant has no rights to assert against the senior landlord even though the sub-tenant’s use of the space may depend on the actions of the senior landlord.  This sub-tenant is also at substantial risk of losing the space if either the senior or sub-landlord goes bankrupt. The relationship of these parties is highly complex. This program will provide you with a practical guide protecting subtenants in leasing.   Counseling sub-tenant clients about the range of risks in subleases How to read master leases to spot red flags for tenants Types of subleases – what works for bigger/smaller clients and spaces? Identifying master lease’s control of subleasing and sublease terms Master lease money provisions, use restrictions, attornment provisions, and termination Determining whether sublease risks outweigh the benefits   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/17/2023
    Presented
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Charging Orders in Business Transactions

$59.00

A charging order redirects a partner or LLC member’s distributions, if any, to a creditor.  These court orders are frequently used when an LLC or partnership interest has been pledged to a creditor as collateral and the debtor is in default. Charging orders differ substantially from liens on corporate stock because charging orders do not allow the creditor to foreclose on the LLC or partnership interest but only claim distributions from the entity.  The creditor does not succeed to any other rights of the LLC member – voting rights, management rights – and is totally dependent on the entity to make distributions.  This program will provide you with a real-world guide to the uses and limitations of charging orders in transactions and tips on enhancing their effectiveness.    What does a creditor get with a charging order and what rights does the debtor retain? Impact of charging orders on the entity Enhancing the enforceability of charging orders Enforcement of one state’s charging order statute in another state Tax consequences of charging orders   Speakers: Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property.  He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities.  Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee.  Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law. Daniel Kleinberger is an Emeritus Professor of Law at Michell|Hamline where his teaching and scholarship focused on business law.  He has served as the reporter on many uniform laws in business law, including Series Unincorporated Entities and Limited Partnerships.  Before entering academic, he was an in-hose counsel at the 3m Corporation.  He is the author of a leading treatise on LLCs and a popular student treatise on agency, partnerships, and LLCs.  Professor Kleinberger earned his A.B. from Harvard University and his J.D. from Yale Law School.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/18/2023
    Presented
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2023 Wage & Hour Update: New Overtime Rules

$59.00

Wage and hour regulations impact every employer. Whether a worker is classified as an employee or independent contractor and employees as “exempt” or “non-exempt” for purposes of overtime has major implications for employer tax and non-tax compliance.  Failure to properly classify a worker can lead to substantial financial liability for employers and compliance has become more difficult as employers, following commercial trends, employee more “gig” workers or independent contractors.  Enforcement by the US Department of Labor and state equivalents is increasing.  This program will provide you with a practical guide to major developments in overtime rules and regulations and provide guidance on best practices to avoid liability.   Major case law and regulatory developments impacting overtime compliance Continuing classification litigation around “gig” economy workers Anticipated Biden Administration changes to overtime rules Changes to the “PAID” independent audit program Best practices to avoid misclassification liability   Speaker: Chris Jalian is an attorney in the Los Angeles office of Paul Hastings, LLP, where he represents employers in all aspects of labor and employment law, including wage-and-hour matters and discrimination. He has experience with class and representative actions, multi-plaintiff, and single-plaintiff lawsuits defending employers in state and federal courts in cases involving federal and state antidiscrimination, equal pay and whistleblower laws, the Fair Labor Standards Act, and a variety of state wage and hour laws. He also counsels clients to ensure compliance with wage and hour requirements. Mr. Jalian earned his B.A., cum laude, from the University of California, Los Angeles and his J.D. from Columbia Law School. Jennifer Milazzo is an attorney in the Los Angeles office of Paul Hastings, LLP, where she represents employers in all aspects of labor and employment law, including harassment, discrimination, retaliation, wrongful termination, and wage and hour issues, in both single-plaintiff and class-action matters. Prior to entering private practice, Ms. Milazzo served as a judicial extern to the Judge Stephen Wilson of the United States District Court for the District of California. Ms. Milazzo earned her B.A. from the University of San Francisco and her J.D. from the University of California, Los Angeles.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/19/2023
    Presented
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LIVE REPLAY: Income and Fiduciary Tax Issues for Trust and Estate Planners, Part 1

$59.00

Understanding fiduciary income taxation – the taxation of grantor and non-grantor trusts, complex and simple trusts – is essential to trust planning.  It impacts the type of trust chosen, how it’s structured and administered.  Recently changes to federal tax law have added to the complexity of fiduciary income taxation.  The tax treatment of trust income and accounting for distributions and expenses varies depending on the type of trust involved and how “Distributable Net Income” is allocated.This program will provide you with a real-world guide to the essential rules, timeframes, planning techniques and traps of the taxation of trusts.   Day 1: Fiduciary income taxation framework and rules for estate and trust planners How fiduciary and income tax planning differ from each other Planning for fiduciary taxation v. planning for individual and corporate tax purposes Types of trusts – simple, complex, grantor – and differing tax rules for each Treatment of “Distributable Net Income” Understanding “Trust Accounting Income,” and impact of Prudent Investor Rule   Day 2: Practical income allocation for simple, complex and grantor trusts Specific allocation rules for DNI – Tier System, Separate Share Rule, 65 Day Rule, specific bequests Charitable giving – tax treatment and practical impact Treatment of depreciation, administrative expenses, and allocation to income Trust terminations – capital loss carryover and excess deductions   Speaker: Jeremiah W. Doyle, IV is senior vice president in the Boston office of BNY Mellon Wealth Management, where he provides integrated wealth management advice to high net worth individuals on holding, managing and transferring wealth in a tax-efficient manner.  He is the editor and co-author of “Preparing Fiduciary Income Tax Returns,” a contributing author of Preparing Estate Tax Returns,and a contributing author of “Understanding and Using Trusts,” all published by Massachusetts Continuing Legal Education.  Mr. Doyle received his B.S. from Providence College, his J.D. form Hamline University Law School, and his LL.M. in banking from Boston University Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/20/2023
    Presented
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LIVE REPLAY: Income and Fiduciary Tax Issues for Trust and Estate Planners, Part 2

$59.00

Understanding fiduciary income taxation – the taxation of grantor and non-grantor trusts, complex and simple trusts – is essential to trust planning.  It impacts the type of trust chosen, how it’s structured and administered.  Recently changes to federal tax law have added to the complexity of fiduciary income taxation.  The tax treatment of trust income and accounting for distributions and expenses varies depending on the type of trust involved and how “Distributable Net Income” is allocated.This program will provide you with a real-world guide to the essential rules, timeframes, planning techniques and traps of the taxation of trusts.   Day 1: Fiduciary income taxation framework and rules for estate and trust planners How fiduciary and income tax planning differ from each other Planning for fiduciary taxation v. planning for individual and corporate tax purposes Types of trusts – simple, complex, grantor – and differing tax rules for each Treatment of “Distributable Net Income” Understanding “Trust Accounting Income,” and impact of Prudent Investor Rule   Day 2: Practical income allocation for simple, complex and grantor trusts Specific allocation rules for DNI – Tier System, Separate Share Rule, 65 Day Rule, specific bequests Charitable giving – tax treatment and practical impact Treatment of depreciation, administrative expenses, and allocation to income Trust terminations – capital loss carryover and excess deductions   Speaker: Jeremiah W. Doyle, IV is senior vice president in the Boston office of BNY Mellon Wealth Management, where he provides integrated wealth management advice to high net worth individuals on holding, managing and transferring wealth in a tax-efficient manner.  He is the editor and co-author of “Preparing Fiduciary Income Tax Returns,” a contributing author of Preparing Estate Tax Returns,and a contributing author of “Understanding and Using Trusts,” all published by Massachusetts Continuing Legal Education.  Mr. Doyle received his B.S. from Providence College, his J.D. form Hamline University Law School, and his LL.M. in banking from Boston University Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/21/2023
    Presented
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LIVE REPLAY: Ethics in Discovery Practice

$59.00

Discovery can be the most important phase of litigation, directing the course and outcome of the case.  How evidence is discovered, how it is used, and how mistakes in its handling are disclosed and remedied all raise very significant ethical issues. These issues – the risk of mishandling – are increased by the vast growth of ESI, electronically stored information. Litigators have certain obligations that their vendors comply with ethics rules. There are also issues surrounding the use of paralegals in discovery practice.  Failure to ensure ethics compliance during discovery can have a material adverse impact on the underlying litigation and draw an ethics complaint.  This program will provide you with a real-world guide to substantial issues ethical issues that arise in discovery practice and how to avoid ethics complaints.    Duty of candor to the tribunal during discovery Ethical issues when you learn that a client is dishonest Inadvertent disclosure privileged documents and their handling Ethics in depositions – conferring with witnesses, using video depositions and more Ethical issues in widespread data mining of discovery documents Issues involving metadata in electronic files – documents, email, text messages Attorney-client privilege and security issues of working with outside e-discovery vendors Ethics and social media discovery   Speakers: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, she practiced law in Washington DC and New York, focusing on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/24/2023
    Presented
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Course1

Lawyer Ethics and Investigations for and of Clients

$59.00

Investigations by lawyers are an essential element of most litigation.  Lawyers investigate the parties and the facts underlying the case through the use of third-party investigators, online searches, obtaining public records, seeking the production of electronic communications, including text messages, and much more.  Also, lawyers sometimes need to investigate their own clients – to assure themselves of the veracity of certain representations or when the lawyer suspects the client may be actively misleading the lawyer.  These investigations are not without risk. Ethics rules limit what lawyers can do and say, and how the work product of these investigations may be used.  This program will provide you with a practical guide to ethical issues when lawyers conduct investigations.   Duty of an attorney to investigate a case before filing a lawsuit “Pre-texting” – the ethics of deception  in investigations Ethical issues when a lawyer investigates a client – and when it is ethically required Conflicts of interest in investigations Ethical issues in social media and online searches – and obtaining text messages Use of third-party investigators Limitations on investigating members of a jury or jury pool When investigations go awry – discipline, sanctions, exclusion of evidence obtained   Speakers: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, she practiced law in Washington DC and New York, focusing on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.    Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/25/2023
    Presented
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LIVE REPLAY: Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 1

$59.00

Construction contracts are among the most difficult agreements to draft or review, and negotiate.  At every stage, building is fraught with substantial risk – timely regulatory approvals, cost containment and price certainty, financing contingencies, building deadlines, and a host of other risks. If these risks materialize, as is common, the bargained for exchange among the parties and their expectations are radically unsettled. Construction contracts are a careful allocation of risks, a compromise between flexibility and price/cost certainty, and establish procedures for resolving disputes short of costly litigation. This program will provide you with a practical guide to drafting the most important provisions of construction contracts.   Day 1: Reviewing and drafting essential provisions of construction contracts Use and common mistakes in using AIA contacts in negotiations with builders Defining the scope of a project and planning for modifications How fees and costs are structured – and allocating risk of modification Tying performance standards and timelines to payments   Day 2: Insurance and indemnification provisions of construction contracts Role of subcontractors and mechanics’ and materialmen liens Anticipating disputes between property owners and builders, and building in cost-effective dispute resolution Role and limitations of different type of damages   Speaker:  John Miller is the principal of John R. Miller, PLLC in the Charlotte, North Carolina and was for 39 years a partner with Robinson, Bradshaw & Hinson, P.A.  His practice encompasses corporate and securities law, mergers and acquisitions, banking and finance, and construction law.  He was selected by his peers for inclusion in "The Best Lawyers in America" and for inclusion in Business North CarolinaMagazine's"Legal Elite" as one of the top business lawyers in North Carolina.  He received his A.B. from Duke University and his J.D., with distinction, from Duke University School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/26/2023
    Presented
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LIVE REPLAY: Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 2

$59.00

Construction contracts are among the most difficult agreements to draft or review, and negotiate.  At every stage, building is fraught with substantial risk – timely regulatory approvals, cost containment and price certainty, financing contingencies, building deadlines, and a host of other risks. If these risks materialize, as is common, the bargained for exchange among the parties and their expectations are radically unsettled. Construction contracts are a careful allocation of risks, a compromise between flexibility and price/cost certainty, and establish procedures for resolving disputes short of costly litigation. This program will provide you with a practical guide to drafting the most important provisions of construction contracts.   Day 1: Reviewing and drafting essential provisions of construction contracts Use and common mistakes in using AIA contacts in negotiations with builders Defining the scope of a project and planning for modifications How fees and costs are structured – and allocating risk of modification Tying performance standards and timelines to payments   Day 2: Insurance and indemnification provisions of construction contracts Role of subcontractors and mechanics’ and materialmen liens Anticipating disputes between property owners and builders, and building in cost-effective dispute resolution Role and limitations of different type of damages   Speaker:  John Miller is the principal of John R. Miller, PLLC in the Charlotte, North Carolina and was for 39 years a partner with Robinson, Bradshaw & Hinson, P.A.  His practice encompasses corporate and securities law, mergers and acquisitions, banking and finance, and construction law.  He was selected by his peers for inclusion in "The Best Lawyers in America" and for inclusion in Business North CarolinaMagazine's"Legal Elite" as one of the top business lawyers in North Carolina.  He received his A.B. from Duke University and his J.D., with distinction, from Duke University School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/27/2023
    Presented
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Trust and Estate Planning for Second Marriages

$59.00

Second marriages pose a wide range of planning challenges.  Planning for the equitable distribution of property in “blended” families – children or grandchildren from a prior marriage, a second spouse, and perhaps children from the second marriage – is fraught with legal and emotional landmines well beyond customary tax planning.  Failure to carefully consider objectives and consequences and to communicate and execute plans can easily leave a client’s estate exposed to open and raw disputes among competing heirs and eventually to destructive fiduciary litigation. This program will provide you with a guide to the practical, substantive and tax aspects of planning for clients with second marriages and blended families.   Emotional context of planning for remarried clients and blended families Use of pre-marital agreements to spot contentious issues, align interests, and decrease post-mortem litigation Income tax planning issues for the second marriage, including exemptions and credits Use of trusts and gifting to prevent unjust enrichment of one branch of a blended family Traps and opportunities with retirement benefits Post-mortem planning techniques when the first spouse dies – and issues on the “second death”   Speakers:  Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.   Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/28/2023
    Presented
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LIVE REPLAY: Lawyer Ethics and Email

$59.00

  Email has become essential to law practice.  Communications with clients and colleagues is practically impossible – and absolutely inefficient – without email.  But the ubiquity of email may obscure many important ethical issues that arise when it is used in law practice, including issues related to confidentiality, metadata, and the attorney-client privilege. These and other substantial ethical questions will be discussed in this practical guide to the ethical issues when lawyers use email in their practices. Beginning an attorney relationship via email – intentionally and inadvertently Security and confidentiality when email is exchanged in the Cloud Inadvertently sent email and metadata embedded in email Discarding/deleting email and working with outside vendors Ex parte communications with represented adversaries Attorney-client privilege issues Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750-page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/1/2023
    Presented
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MAC Clauses & "Acts of God": How the Pandemic Continues to Change Contracts

$59.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/2/2023
    Presented
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LIVE REPLAY: Diversity, Equity & Inclusion in Law Practice

$59.00

This program will provide you with a practical guide to diversity, inclusion, and equity in law firms and in clients. The program will discuss the value of diversity and inclusion, including how it fosters collegiality, greater client value, and organizational and personal growth.  The panel will look at real world case studies of what types of diversity training work and help law firms – and also review those types of training that do not work. The program cover best practices not only for law firms but also for advising clients on developing diversity, inclusion, and equity training and practices.   Types of diversity – internal, external, organizational, and worldview Racial and ethnic, generational and age, gender, socio-economic diversity Training to raise awareness of unconscious bias v. promoting allyship and inclusivity What types of diversity training work – and what types do not work? Best practices in helping law firms and their clients grow in diversity, inclusion and equity   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/3/2023
    Presented
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The Law of Background Checks: What Clients May/May Not ‘Check

$59.00

Background checks are an exercise in risk management in hiring. Employers want to align an applicant’s skills with a job profile, reducing the likelihood the hire will not work out or, worse yet, cause the employer liability. This typically means that the employer wants as much information as possible on job candidates. But background checks themselves are fraught with potential liability. There are many categories of questions that employers may not ask applicants; and if they do ask these questions, they open themselves to liability.This program will provide you with a real-world guide to what is allowed and what isnot allowed in background checks, and best practices for using that information and avoiding liability.   Framework of laws impacting background checks, including the Fair Credit Reporting Act What an employ may/may not ask – criminal arrest history, marital status, age, credit history, and other bases Social media background checks Liability for improper/discriminatory use of background checks Counseling clients about best practices in conducting/using background checks   Speaker: Felicia Davis is an attorney in the Los Angeles office of Paul Hastings, LLP where she represents employers in all aspects of labor and employment law, including discrimination, retaliation, harassment, religious accommodation and wage and hour issues, in both single-plaintiff and class-action matters. She has also represented clients in disability access litigation under Title III. She has served as lead attorney on single and multi-plaintiff matters, successfully defending lawsuits alleging discrimination, retaliation, and wrongful discharge as well as collective bargaining agreement violations. She is a member of the ABA Labor and Employment Law Committee on Technology in the Practice and Workplace (Planning Committee). Ms. Davis received her B.A., cum laude, from Claremont McKenna College and her J.D. from the University of California at Los Angeles.

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/4/2023
    Presented
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2023 Fiduciary Litigation Update

$59.00

This program will provide you with a wide-ranging discussion of developments in fiduciary litigation. Challenges to the validity of an estate, claims involving non-probate transfers, and trustee liability cases litigation will be covered. The program will also cover claims based on a fiduciary’s management of assets in a time of extreme volatility and crisis. This program will provide you with a practical guide to recent developments in fiduciary litigation.    Review of significant case law developments and trends in fiduciary litigation Challenges to validity of an estate Claims involving non-probate transfers Trustee liability cases Failure to diversify trust assets in a time of volatility and crisis Claims based on distribution polices or abuse of discretionary distributions   Speaker: Steven B. Malech is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm’s probate litigation practice group.  He is represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars. Mr. Malech received his B.A., with special honors, from the University of Texas and his J.D. from the Connecticut School of Law. Michael Kenny is counsel in the New York City office of Wiggin and Dana, LLP, where his practice focuses on commercial, probate, construction, and maritime litigation.  He has represented clients in domestic and international arbitrations, including proceedings before the American Arbitration Association and the International Centre for Dispute Resolution. His litigation and arbitration experience includes the preparation and trial of warranty claims and ship repair disputes. Mr. Kenny received his B.A. from the College of The Holy Cross and his J.D. from Fordham University School of Law. Matthew Smith is a partner in the Westport, Connecticut office of Wiggin and Dana, where he advises clients on estate planning, estate and trust administration, and probate litigation. His estate planning practice focuses on assisting individuals and families with practical estate, gift, and tax planning, including the preparation of wills and trusts. Before joining the firm, Matt was a litigation associate for Cravath, Swaine & Moore LLP.  Mr. Smith earned his A.B., cum laude, from Harvard University and his J.D. from Columbia University School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/5/2023
    Presented
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LIVE REPLAY: Baskets and Escrow in Business Transactions

$59.00

Identifying and hedging the risk of the unknown is one of the biggest risks in business documentation.  If unknown liabilities arise – or known liabilities are greater than anticipated –parties want recourse to address the economic loss.  “Caps” and “baskets” are used to address this problem.  Caps are the the total amount for which one party may be liable to the other party post-closing. “Baskets” are the amount of loss one party must incur, if any, before seeking recourse to the other party. The variations and interplay between caps and baskets can be highly complex. This program will provide you with a practical guide to the uses, types, and drafting traps of caps and baskets in business transactions.   Types of “baskets” – “tipping baskets” v. “true deductibles” v. hybrids Negotiating “caps” – aggregates limits, specific carve-outs for fraud and other bad acts Intricate relationship between baskets and caps Drafting to reduce risk of dispute and enhance collectability of claims Use of escrow to ensure payment of indemnification claims   Speaker: Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property.He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities.Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee.Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/8/2023
    Presented
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Trust and Estate Planning for Single Clients

$59.00

It’s a misnomer to think that single clients, unmarried and without children, don’t need estate planning.  In some important ways, they need planning more urgently than clients who are married.  Single clients need to plan for long-term health and medical decision making, if they do not have close relatives.  They need to plan for their long-term care and to maximize the benefit of retirement accounts. They also need to grapple with what to do with any assets they may have at their death.  Single clients often do not think about these issues and need to be counseled about alternatives.  This program will provide you with a real-world guide to counseling and planning issues for unmarried clients.    Retirement account assets, life insurance policies, and beneficiary designations Advance medical directives, health care powers of attorney, and living wills Counseling clients about charitable giving to develop their interests/passions Choosing personal representatives when the client does not have close family   Speakers:  Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law. Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.  Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/9/2023
    Presented
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LIVE REPLAY: 2022 Ethics in Litigation Update, Part 1

$59.00

This annual ethics update will cover a wide range of ethical developments important to your civil litigation practice.  The program will provide detailed coverage of developments in conflicts of interest in litigation, confidentiality and the attorney-client privilege, and ethics in defense and common interest agreements.  The program will provide a wide-ranging discussion of the ethical issues that arise with the spread, use and development of technology in litigation.  Also, the panel will discuss ethical issues in discovery of digital files, records, and communications.  Please join for this annual program which will provide you with a lively discussion of ethical developments important to civil litigation practice.    Day 1: Ethics and discovery Ethics and preparing witnesses – the limits of coaching Recent developments in conflicts of interest, part 1   Day 2: Annual technology review – the many ways in which technology can cause ethical traps for lawyers in litigation Client confidentiality, the attorney-client privilege, and work product doctrine Recent developments in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  He is the immediate past Treasurer of the ABA and currently serves as Vice President of the Tennessee Bar Association.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law.   William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com <http://www.freivogelonconflicts.com/> .  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/10/2023
    Presented
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LIVE REPLAY: 2022 Ethics in Litigation Update, Part 2

$59.00

This annual ethics update will cover a wide range of ethical developments important to your civil litigation practice.  The program will provide detailed coverage of developments in conflicts of interest in litigation, confidentiality and the attorney-client privilege, and ethics in defense and common interest agreements.  The program will provide a wide-ranging discussion of the ethical issues that arise with the spread, use and development of technology in litigation.  Also, the panel will discuss ethical issues in discovery of digital files, records, and communications.  Please join for this annual program which will provide you with a lively discussion of ethical developments important to civil litigation practice.    Day 1: Ethics and discovery Ethics and preparing witnesses – the limits of coaching Recent developments in conflicts of interest, part 1   Day 2: Annual technology review – the many ways in which technology can cause ethical traps for lawyers in litigation Client confidentiality, the attorney-client privilege, and work product doctrine Recent developments in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  He is the immediate past Treasurer of the ABA and currently serves as Vice President of the Tennessee Bar Association.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com <http://www.freivogelonconflicts.com/> .  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/11/2023
    Presented
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Drafting Demand Letters

$59.00

Demand letters may seem like they’re merely hammer-strokes, the first blow of litigation.  But the most effective demand letters are more subtly crafted.  Tone is important.  Vitriolic letters – letters that do not keep a client’s goals in mind and misjudge the reader’s range of likely reactions – may be counterproductive.  Rather than moving the process toward a good outcome, the letter may actually result in setbacks and greater costs.  There’s a subtle balance between precision and vagueness, stimulating favorable response by being sufficiently vague so that the reader speculates about adverse consequences.There’s also the issue of how much of your case – favorable facts and persuasive law – to include in the letter.This program will provide you with a real-world guide to setting goals and carefully crafted demand letters to advance client goals.   Setting goals and realistic expectations Striking the right tone – how aggressive is too aggressive? Precision v. vagueness - leaving room for speculation and negotiation How much of your case – the facts and the law – to include in the letter? Common traps and mistakes in demand letters   Speaker:  Shannon M. Bell is a member with Kelly Law Partners, LLC, where she litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues.  Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen.  She also represents clients in claims of shareholder and officer liability, piercing the corporate veil, and derivative actions.  She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics.  Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/12/2023
    Presented
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LIVE REPLAY: Releasing Employees & Drafting Separation Agreements

$59.00

When an employee leaves a company voluntarily or involuntarily employers often fear the worst.  Departing employees may have had access to very important and confidential information of the employer – client/customer lists, vendor information, pricing information.  How can it protected?  Employees may allege they are due additional salary, bonuses or commissions.  Might they sue?  There may have been issues involving suspected or alleged harassment or discrimination.  What’s the risk of liability?  Employees might be disgruntled.  Can anything be done to prevent disparagement of the company?  Drafting separation agreements are complex and as important as employment agreements. This program will provide you with a practical guide to drafting employee separation agreements.   Salary and benefit issues, severance payments, and payments tied to future performance Identifying points of potential liability in both voluntary and involuntary separations Drafting enforceable waivers of liability – scope, length and payment issues Post-separation commission issues for sales employees Preserving the confidentiality of important business information post-separation Non-disparagement, non-competition and non-solicitation provisions Mediation and other dispute resolution provisions   Speaker: Jerrold F. Goldberg is a partner in the New York City office of Greenburg Traurig, LLP, where he has more than 35 years’ experience practicing in virtually all aspects of labor and employment.  His expertise includes employee leave under federal and state law, traditional labor/union-management issues, employment discrimination, executive employment, severance agreements and wage and hour laws.  He represents clients before the EEOC, the FRLB, and federal and state courts.  Mr. Goldberg received his B.S. from Cornell University and his J.D. from New York University School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/15/2023
    Presented
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