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LIVE REPLAY: Employment Law Torts

$65.00

The workplace is deep with potential torts.  Hiring can be a delicate balance of adequately investigating the background of an applicant without making legally prohibited searches or inquiries.  Workplace supervision in a technologically interconnected age can easily give rise to claims of invasions of privacy. Workplace investigations, often involving conflicts among employees, can implicate claims of basis, discrimination, harassment, intentional infliction of emotional distress, defamation, and retaliation.  At every stage of the employment process there are potential torts.  This program will provide you with a practical guide to employer tort liability in the workplace.  Torts in hiring –balancing act of background checks, drug/cannabis checks, and the standard of foreseeability Privacy based torts – monitoring employee social media and other digital communications/posts Negligent retention of potentially dangerous employees Torts in workplace investigations – intentional infliction of emotional distress, defamation, false light torts Negligent supervision of troubled employees Best practices and defenses for employers to avoid or limit liability   Speaker: Alex J. Maturi is an attorney in the Chicago office of Paul Hastings, LLP, where he represents employers in all aspects of employment law, including discrimination, harassment, wrongful discharge, and wage and hour matters. He also counsels clients on compliance with state and federal law, and advises employers facing investigations initiated by the EEOC, OFCCP, and various state agencies.  During law school, he served as an extern judicial clerk to Judge Robert W. Gettleman of the U.S. District Court for the Northern District of Illinois. Mr. Maturi earned his B.A., cum laude, Illinois Wesleyan University and his J.D., cum laude, from Northwestern University School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/18/2021
    Presented
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2021 Americans with Disabilities Act Update

$65.00

This program will provide you with a comprehensive update of important developments related to the Americans with Disabilities Act.  The program will cover case law, administrative, and practical developments related to reasonable accommodation of disabilities in the workplace.  The panel will also discuss developments related to permissible job qualification standards, determining essential job functions, and judging the workplace performance of employees subject to the ADA. This program will provide you with a wide-ranging and practical review of important ADA developments.     Review of recent case law and regulatory developments Essential functions and qualification standards Leave as a reasonable accommodation, including the EEOC’s guidance Undue hardship, including recent cases involving cost as an employer’s affirmative defense Developments related to reassignment to another job category Trends in the interactive process    Speaker: Blake Bertagna is an attorney in the Orange County, California office of Paul Hastings, LLP.  He defends employers in both the federal and state courts in complex employment litigation, including class action and multi-plaintiff employment discrimination lawsuits, wage and hour class and collective actions, and trade secrets and restrictive covenant matters, as well as individual cases for discrimination, harassment, retaliation, wrongful discharge, and other statutory, contract, and tort claims.  Mr. Bertagna earned his B.A., cum laude, from Brigham Young University and his J.D., magna cum laude, from Brigham Young University Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/19/2021
    Presented
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Ethical Issues When Representing the Elderly

$65.00

  Many ethical issues arise when lawyers represent elderly clients. Foremost among these issues is determining whether a client has the capacity to make valid decisions – and if not, then what? There are many conflict of interest issues, including whether direction is taken from the elderly person or another person (often an adult child) who is paying for the representation. There are also issues involving the exercise of undue influence by a caregiver or other person, including the validity of gifts to that person. Issues of preserving confidentiality and the attorney-client privilege when meetings are held in the presence of children or caregivers are also very important. This program will provide you with a practical guide to the most important ethical issues when lawyers represent elderly clients.   Determining whether your elderly client has capacity – and identifying your client Practical alternatives if you determine a client doesn’t have capacity Conflicts of interest between the elderly client and the person paying for the representation, including the validity of gifts Preserving confidentiality and the attorney-client privilege when a caregiver or third party is in client meetings Clients who lose capacity during a continuing representation Ethical issues involved with undue influence over the elderly – what should you do? Elder abuse issues – how to spot it and what to do if you discover it   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
  • 1/20/2021
    Presented
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Ownership of Ideas Created on the Job

$65.00

Ownership of “ideas” – tangible inventions, “know-how” or processes, or other tangible or intangible property – is often an area of substantial dispute between the creator/inventor and his or her employer.  Though it seems axiomatic the creator owns invention, if the invention – often very valuable property – is created on the job or using employer resources, the employer has a substantial claim to ownership. Indeed, the employee may have been hired for the purpose of creating intellectual property essential to the employer’s success.  Putting in place policies and procedures to ensure employers have clear title to this type of property is essential to avoid protracted, costly, and potentially ruinous litigation. This program will provide you with a practical guide to ownership of intellectual property created on the job.    Ownership of ideas, information, know-how and other property created on the job by employees Impact of scope of an employee’s duties on ownership of property created on the job Role of adequate compensation in protecting employer property How some property created on the job is an employee’s – not the employer’s – even if in scope of duties Essential agreements, policies, and practices to preserve employer property What to do if asserts ownership to property created on the job   Speakers: Elen Wetzel is partner in the Seattle office of Dorsey & Whitney, LLP, where her practice focuses on patent preparation and prosecution, opinions, and counseling of clients across a variety of industries including energy, manufacturing, transportation, electronics, and e-commerce. As part of her practice, she regularly conducts invention disclosure meetings and prepares patent applications and formal correspondence with the patent office for a variety of clients.  Prior to private practice, she served in an in-house role at a larger aerospace manufacturer. By training, she is an aerospace engineer.  Ms. Wetzel earned her B.S.E., cum laude, from the University of Michigan and her J.D., cum laude, from Seattle University School of Law. Angela Morrison is a partner in the Denver office of Dorsey & Whitney, LLP, where she helps clients gain, manage, and leverage intellectual property assets in the United States and internationally. She regularly assists clients in the biotechnology, pharmaceutical, chemical, and agricultural industries. Her background is in cellular and molecular biology, including graduate work that focused on post-transcriptional modification of RNA and its effect on gene expression.  She earned her B.S. from the University of Michigan, with high distinction and honors, her M.S. from Colorado State University, and her J.D. from the University of Colorado School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/21/2021
    Presented
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Lawyer Ethics When Working with Paralegals

$65.00

Paralegals are often essential for lawyers to successfully practice law.  Paralegals conduct basic legal research, help review and prepare documents, and sometimes screen clients.  Still, they are not lawyers and not directly subject to the ethics rules applicable to lawyers. But the lawyers who supervise their work are responsible for their actions and liable for any improper conduct.  Lawyers are responsible for ensuring that their paralegals’ work conforms to ethics rules. If a paralegal’s actions breach client confidentiality, compromise the attorney-client privilege, or are otherwise improper, the supervising lawyer is ethically responsible for that misconduct.  This program will provide you with a practical guide to how ethics rules make supervising lawyers responsible for the actions of their paralegals.   Conflicts of interest and the attribution of paralegal knowledge about client matters Determining when paralegal research and document preparation becomes the unauthorized practice of law How paralegals must be instructed about client confidentiality – and lawyer consequences on breach Attorney-client privilege implications when clients communicate with paralegals – and risk of inadvertent disclosure Issues when paralegals participate in discovery Fee sharing with paralegals   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
  • 1/22/2021
    Presented
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LIVE REPLAY: Rights of First Offer, First Refusal in Real Estate

$65.00

Rights of first refusal and rights of first offer are frequently used in commercial real estate transactions, establishing rights to acquire property from a seller before it hits the market.  The practical effect of these tools is often to exert downward pressure on the price of the property and hamper development of a third-party market.  Rights of first refusal can help hasten a deal among buyers and sellers or landlords and tenants, thereby reducing costs, or they can be a costly waste of time. There are many subtle differences between rights of first refusal and rights of first offer, each with subtle tradeoffs for counter-parties that must be considered in context of a particular transaction.  This program will provide you with a practical guide to drafting rights of first refusal and rights of first offer in real estate. How rights of first refusal and rights of first offer work in real estate transactions Real-world costs, tradeoffs and risks of each type of right – and drafting tips and traps Best circumstances in which these mechanisms are used in property acquisitions, sales, and leasing How rights of refusal depress prices &limiting third party interest in the property – and how to mitigate Practical strategies for buyers and sellers, landlords and tenants when negotiating these rights   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.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/25/2021
    Presented
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Course1

LIVE REPLAY: Ethics in Trust and Estate Practice

$65.00

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
  • 1/26/2021
    Presented
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Trust and Estate Planning Issues in Divorce

$65.00

Martial separation and divorce are times fraught with emotion, but also fraught with financial decisions that have a major estate, trust and tax implications.  Transfers pursuant to divorce are generally tax-deferred.  But there are many complications, including the transfer of property over time or where the value may not be known, the assumption of debts, the treatment of income held in trust, and also complex issues of beneficiary designations in retirement plans and insurance contracts. If not properly planned, these transfers can have substantially adverse and often unanticipated consequences.  Thus program will cover major issues in trust and estate planning for divorce.   Treatment of income from and property held in trust on divorce Traps surrounding beneficiary designations on retirement benefits and insurance contracts Opportunities for post-nuptial agreements to resolve lingering disputes Issues related to the sale or transfer of personal residences Income tax issues when property and debt are separated in divorce Health care issues for children, including insurance for the divorcing spouse Educational expenses for children over time   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
  • 1/27/2021
    Presented
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Equity & Diversity in Law Practice: Best Practices for Law Firms

$65.00

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 world-view 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   Speakers: Michele Lomax is an attorney and consultant with extensive expertise in contract negotiation and diversity and inclusion. For more than ten years, she held legal and management roles for one of the nation’s premier consulting firms specializing in minority business economic development, supplier diversity, and diversity and inclusion. She has helped numerous Fortune 500 clients with their focus on compliance with diversity directives. In private practice, she has held leadership roles in acquisitions, corporate structuring, and management, negotiation and structuring of strategic partnerships, and project development. Ms. Lomax earned her B.A. from the University of Washington and her J.D. from the University of Chicago Law School. 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
  • 1/28/2021
    Presented
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Ethics and Client Money: Trust Funds, Expenses, Setoffs & More

$65.00

Whenever an attorney takes money from a client – for fees billed, to cover expenses, as a retainer, or held in trust – there are substantial ethical issues involved.  Many ethical complaints arise from accusations that an attorney mishandled funds. In billing and collecting fees and expenses, there are issues about whether the fees and expenses were explained in advance and are proper in relation to services provided.  If an attorney accepts credit cards from clients, there are significant issues related to disclosure, Truth-in-Lending laws, chargebacks, pass-through of merchant processing fees, and confidentiality.  In trust funds, there are issues of segregation of funds, accounting, and more. This program will provide you with a practical guide to the many ethical issues that arise when attorneys, clients, and money mix.   Traps in trust fund accounting and the risks of “set-offs” of disputed amounts Disclosure and documentation of trust accounting of client money Retainers – use, accounting, and regular communications Accepting credit card payments from clients –  pass-through processing fees, Truth-in-Lending, disclosure and confidentiality Confidentiality when a client has a dispute with his credit card company – ethical tension of client duties and contractual obligations Use of credit cards to fund a retainer and related trust fund accounting issues – trust funds v. operating funds   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
  • 1/29/2021
    Presented
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LIVE REPLAY: The Ins-and-Out of Licensing Technology, Part 1

$65.00

Licenses are complex agreements governing the use of software, technology and other inventions.  Most companies depend on technology it licenses to create operate and create value.  But these complex instruments are also traps for the unwary, blending how and when the licensed technology can be used, in what territory, and by whom.  Licenses also incorporate sprawling indemnity and damages provisions. Carefully drafted, negotiated or reviewed, licenses can be the fount of great value. But their complexity is also fraught with traps.  This program will provide you with an intermediate-level guide to drafting and reviewing the most important provisions of licenses, including scope of use, property ownership and adaptation, royalties, warranties and indemnity, and remedies.   Day 1: Drafting and reviewing the most important provisions of client licenses Defining the scope of the license – usage, territory, time and updates Royalties – different structures and audits Warranties in licensing – implied and express Protecting the exchange of confidential information – employee issues and trade secrets   Day 2: Remedies on breach – financial liability and specific performance Indemnity – scope of obligation, exclusions, mechanics, remedies/triggers Limitation of liability – forms liability and failure of essential purpose Risk management – insurance, escrow, force majeure IP diligence – what to look for and red flags   Speaker: Matt McKinney is a partner in the Denver office of Koenig, Oelsner, Taylor, Schoenfeld & Gaddis P.C., where his practice focuses on structuring and negotiating complex commercial and technology transactions and representing companies in intellectual property and technology-related matters.  He is experienced with a wide range of contracts regarding the commercialization and protection of intellectual property including software, content, patent and trademark licenses, and software as a service (SaaS) agreements.  Mr. McKinney earned his B.A. from Grinnell College and his J.D., with distinction, from the University of Iowa College of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 2/1/2021
    Presented
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LIVE REPLAY: The Ins-and-Out of Licensing Technology, Part 2

$65.00

Licenses are complex agreements governing the use of software, technology and other inventions.  Most companies depend on technology it licenses to create operate and create value.  But these complex instruments are also traps for the unwary, blending how and when the licensed technology can be used, in what territory, and by whom.  Licenses also incorporate sprawling indemnity and damages provisions. Carefully drafted, negotiated or reviewed, licenses can be the fount of great value. But their complexity is also fraught with traps.  This program will provide you with an intermediate-level guide to drafting and reviewing the most important provisions of licenses, including scope of use, property ownership and adaptation, royalties, warranties and indemnity, and remedies.   Day 1: Drafting and reviewing the most important provisions of client licenses Defining the scope of the license – usage, territory, time and updates Royalties – different structures and audits Warranties in licensing – implied and express Protecting the exchange of confidential information – employee issues and trade secrets   Day 2: Remedies on breach – financial liability and specific performance Indemnity – scope of obligation, exclusions, mechanics, remedies/triggers Limitation of liability – forms liability and failure of essential purpose Risk management – insurance, escrow, force majeure IP diligence – what to look for and red flags   Speaker: Matt McKinney is a partner in the Denver office of Koenig, Oelsner, Taylor, Schoenfeld & Gaddis P.C., where his practice focuses on structuring and negotiating complex commercial and technology transactions and representing companies in intellectual property and technology-related matters.  He is experienced with a wide range of contracts regarding the commercialization and protection of intellectual property including software, content, patent and trademark licenses, and software as a service (SaaS) agreements.  Mr. McKinney earned his B.A. from Grinnell College and his J.D., with distinction, from the University of Iowa College of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 2/2/2021
    Presented
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Exit Strategies: Selling Companies to Employees, Part 1

$65.00

  Many closely held companies have only two potential sets of buyers – family members of the founding generation or managers and other employees of the enterprise. The market of third-party buyers for closely held companies can be very thin, so that when family members are not suitable buyers of a company, often the best solution is to sell to employees. But sales to employees are unlike sales to third-parties or family members, involving complex issues of how to finance the sale, transition management and control of the enterprise, retain key employees, and tax treatment. This program will provide you with a detailed discussion of the major issues of selling to employees, including valuation, how the sale price is financed, transition periods, retaining employees not in the buyout group, and tax treatment.   Day 1 : Long-range planning of sales to employees – and benefits over selling to third parties or family members Negotiating with employees over sales price and valuation issues Transitions of management control, including retaining seller/founder for a period of time Practical governance issues when employees are identified as potential buyers   Day 2 : Overview of alternative structures and the tradeoffs of each ESOPs – structural, practical and tax issues, including leveraged buyout options Use of company redemptions of founders to accomplish a transfer Crucial issues in drafting “earnouts” on sales to employees Seller financing options, including long-term notes and security interest in assets   Speaker: 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.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 2/3/2021
    Presented
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Exit Strategies: Selling Companies to Employees, Part 2

$65.00

Many closely held companies have only two potential sets of buyers – family members of the founding generation or managers and other employees of the enterprise. The market of third-party buyers for closely held companies can be very thin, so that when family members are not suitable buyers of a company, often the best solution is to sell to employees. But sales to employees are unlike sales to third-parties or family members, involving complex issues of how to finance the sale, transition management and control of the enterprise, retain key employees, and tax treatment. This program will provide you with a detailed discussion of the major issues of selling to employees, including valuation, how the sale price is financed, transition periods, retaining employees not in the buyout group, and tax treatment.   Day 1: Long-range planning of sales to employees – and benefits over selling to third parties or family members Negotiating with employees over sales price and valuation issues Transitions of management control, including retaining seller/founder for a period of time Practical governance issues when employees are identified as potential buyers   Day 2: Overview of alternative structures and the tradeoffs of each ESOPs – structural, practical and tax issues, including leveraged buyout options Use of company redemptions of founders to accomplish a transfer Crucial issues in drafting “earnouts” on sales to employees Seller financing options, including long-term notes and security interest in assets   Speaker: 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.

  • Teleseminar
    Format
  • 60
    Minutes
  • 2/4/2021
    Presented
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The Ethics of Supervising Other Lawyers

$65.00

Lawyers are not only responsible for their own ethical conduct and decision making but also for the ethical practice of lawyers they supervise.  Whether it’s a partner supervising the work of an associate or the lead lawyer on a case supervising a group of partners and associates, the supervising lawyer has responsibilities to ensure that the lawyers he or she is supervising are ethically compliant. When subordinate lawyers violate ethics rules, supervising lawyers are potentially liable for that misconduct. This program will provide you with a guide to ethical issues when lawyers supervise other lawyers and non-lawyer support staff.   Standards for ensuring compliance by subordinate attorneys and potential liability when they act improperly Lawyer supervision of paralegals and other non-lawyer staff Responsibilities of subordinate lawyers who rely on judgment of supervising lawyers Special issues involved in billing the work of subordinate and co-counsel attorneys, and paralegals In-house counsel of outside counsel   Speaker: Matthew Corbin is Senior Vice President and Executive Director in the Professional Services Group of AON Risk Services, where he consults with the company’s law firm clients on professional responsibility and liability issues.  Before joining AON, he was a partner with Lathrop & Gage, LLP, where he was a trial and appellate lawyer handling professional liability, commercial, business tort, employment, construction, insurance, and regulatory matters. Before entering private practice, he served as a judicial clerk to Judge Mary Briscoe of the U.S. Court of Appeals for the Tenth Circuit.  Mr. Corbin earned his B.A. from the University of Kansas and his J.D. from the University of Kansas School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 2/5/2021
    Presented
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LIVE REPLAY: Releasing Employees & Drafting Separation Agreements

$65.00

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
  • 2/8/2021
    Presented
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Course1

2021 Ethics Update, Part 1

$65.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and ethics in co-counsel and referral relationships. The panel will also discuss highly sensitive issues when lawyers learn that their clients are engaged in misconduct – what do you do and when?This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.   Day 1: Ethics of co-counsel relationships: Are you your brother’s keeper? Ethics and client misconduct: What to do? Developments in conflicts of interest, part 1   Day 2 : Technology and law practice: annual potpourri update Developments in confidentiality and the attorney-client privilege 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.  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 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at 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 broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 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 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
  • 2/9/2021
    Presented
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2021 Ethics Update, Part 2

$65.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and ethics in co-counsel and referral relationships. The panel will also discuss highly sensitive issues when lawyers learn that their clients are engaged in misconduct – what do you do and when?This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.   Day 1: Ethics of co-counsel relationships: Are you your brother’s keeper? Ethics and client misconduct: What to do? Developments in conflicts of interest, part 1   Day 2: Technology and law practice: annual potpourri update Developments in confidentiality and the attorney-client privilege 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.  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 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at 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 broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 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 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
  • 2/10/2021
    Presented
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Due Diligence in Real Estate: How to Conduct and Use

$65.00

  This program will provide you with a real world guide to due diligence in real estate transactions – what information you need, where to get it, and the timeframes involved – depending on the type of transaction involved.  The relationship between the duration and depth of due diligence and the state of the market – how “hot” markets involve more risk because sellers or othersare reluctant to give lengthy diligence periods – will be discussed.  The program will also discuss using information obtained in diligence to draft specific reps and warranties. This program will provide you with a real-world guide to planning due diligence in real estate transaction – essential information to obtain depending on the transaction involved and how to tie that information the transaction’s reps and warranties.   Relationship between diligence and market conditions – willingness of sellers to cooperate or not Using diligence to draft specific reps and warranties Service contracts, condominium HOAs, and other contracts Review of leases, rent rolls, and financial statements Title work – liens and other encumbrances Zoning, regulatory and tax issues Notices of new or special tax assessments   Speaker: Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 2/11/2021
    Presented
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LIVE REPLAY: Ethics of Beginning and Ending Client Relationships

$65.00

Substantial ethics issues flow from the moment an attorney-client relationship is formed, whether it is formed intentionally or through inadvertence.  Determining when a relationship commences and the scope of the representation has dramatic implications for issues related to confidentiality, conflicts of interest, the attorney-client privilege and more. Ending an engagement is nearly as complicated. When are you allowed to end an engagement?  And how must you go about it without prejudicing a client’s interest in a transaction or in litigation? This program will you provide a real-world guide the ethical issues of beginning and ending an attorney client relationship. Determining when and how a relationship starts – including through inadvertence Email and technology issues – how unsolicited communications may trigger ethical obligations Joint representation issues – unsorting the confidentiality and privilege issues End a relationship – when are you allowed to end an engagement?  How do you do it ethically? Circumstances when you might be required to end a relationship   Speaker: 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, her practice focused 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 Rules of Professional Conduct Rules Review Committee.  She is the immediate past chair of 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.

  • Teleseminar
    Format
  • 60
    Minutes
  • 2/12/2021
    Presented
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LIVE REPLAY: Ethics and Changing Law Firm Affiliation

$65.00

When a lawyer moves from one firm to another, it can be a fairly dramatic event.  The ethical issues for the lawyer and for his or her prior firm and new firm are substantial.  There are issues of when and how to communicate to clients and whether it’s done by the lawyer or the firm. There are issues of ongoing matters and what to do with client files.  In ongoing litigation or transactional matters, do lawyers withdraw pending a client decision about whether to move the matter to the lawyer’s next firm?  Is withdrawal even permitted?  There are also issues of conflicts of interest and how they are managed – for the lawyer who is changing law firm affiliation and for the firms involved. This program will provide you with a practical guide to ethical issues when lawyers change law firm affiliation. Ethical issues when lawyers change law firm affiliation Propriety and timing of communications with the departing lawyer’s clients – by the lawyer or the firm? Ownership and transfer of client files among law firms Ongoing litigation or transactional matters – is withdrawal permissible? Diligence for the new firm– conflicts, confidentiality, and screening Issues when a solo practitioner joins a multi-lawyer firm   Speaker: Matthew Corbin is Senior Vice President and Executive Director in the Professional Services Group of AON Risk Services, where he consults with the company’s law firm clients on professional responsibility and liability issues.  Before joining AON, he was a partner with Lathrop & Gage, LLP, where he was a trial and appellate lawyer handling professional liability, commercial, business tort, employment, construction, insurance, and regulatory matters. Before entering private practice, he served as a judicial clerk to Judge Mary Briscoe of the U.S. Court of Appeals for the Tenth Circuit.  Mr. Corbin earned his B.A. from the University of Kansas and his J.D. from the University of Kansas School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 2/15/2021
    Presented
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Estate Planning for Digital Assets

$65.00

Some of the most valuable assets a client has are the most difficult to define, value, and transfer on death.  “Digital assets” – everything from digital music and pictures stored online, to bank and credit card reward programs, Facebook pages and online TurboTax files, bank and retirement account credentials – are a class of asset that every client has, yet planning for them is new.  These assets are not governed by a conventional set of federal or state laws, rather by a complex set of rules set by a variety of organizations, none of which are standardized but which planners need to understand nonetheless to satisfy client expectations.  This program will provide you guide to the nature of digital assets, how they are controlled, and how to plan for them.   Digital assets in estate planning – defining and transferring them on death How failure to plan for these assets can scuttle estate plans and disappoint client expectations Fiduciary access to digital assets under current law Practical planning for digital assets – what works, what doesn’t, and what’s not at all clear How user polices impact the planning process – what you need to know about how these assets are titled and controlled How federal law impacts the planning process and unconventional planning issues   Speaker: 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
  • 2/16/2021
    Presented
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Drafting Employment Agreements for Commission-based Employees

$65.00

Every organization depends on generating sales, often sales made by sales agents.  Drafting agreements for sales people is complex and unlike other employment agreements. The primary task is defining a workable sales commission and incentive structure that is durable while the sales agent works for your client and that limits legal liability and practical damage after the sales agent separates from employment.  There are also complex issues of post-employment payments, internal reporting and support, and preserving the confidentiality of proprietary employer information such as client/customer lists, pricing schedules, vendor information and more after the sales agent has departed – perhaps to a competitor. This program will provide you with a practical guide to drafting sales agents’ agreements for business clients.   Commission and incentive structures – and common traps after an agent departs Differences between employee v. independent contractor sales staff Common traps employers make in including unlawful terms Wage and hour issues in commission and incentive compensation agreements Protecting client and price lists, vendor information & other sensitive information when a sales agent leaves Scope of protectable interests and practical steps required to enforce confidentiality   Speaker: Jennifer S. Baldocchi is a partner in the Los Angeles office of Paul Hastings, LLP, and co-chair of the firm’s employment department. She has a broad-based employment practice, with a focus on intellectual property, including employee mobility, trade secrets, covenants not to compete, unfair competition, and related business tort claims. Her practice also involves advising and defending employers in complex employment claims such as wrongful discharge, discrimination, retaliation, and harassment. She also counsels clients in wage and hour issues and investigations.  Ms. Baldocchi earned her B.A., with honors, from the University of California, Berkeley, and her J.D. from Loyola Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 2/17/2021
    Presented
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Drafting Settlement Agreements in Civil Litigation

$65.00

A settlement in litigation is only as good as the settlement agreement.  The case may have stopped short of trial or stopped in the middle of trial as the parties realized that settlement was the best course of action, but preserving the informal agreement to settle places immense pressure on getting the underlying agreement right – not only settling the present dispute but preserving the settlement as things change over time. Understanding the law governing these agreements and carefully drafting their essential provisions – mutual releases, scope, financial terms, non-disclosure, non-disparagement– are essential to preserving the value of the settlement. This program will provide you with a practical guide to the essential provisions, traps and opportunities of litigation settlement agreements.   Framework of law governing settlement agreements Essential provisions of settlement agreements, including traps for the unwary Defining scope of settlement and mutual releases – either to prevent resumption of litigation or leave related litigation untouched Role of non-disclosure and non-disparagement provisions, violations and remedies. Enhancing the enforceability and decreasing the costs of settlement agreements   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.

  • Teleseminar
    Format
  • 60
    Minutes
  • 2/18/2021
    Presented
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Lawyer Ethics and Texting

$65.00

Text messaging has become a mainstream form of communication.  Clients now routinely text their lawyers about pending matters.  They may ask about the status of a case, provide facts about a case, communicate decisions to a lawyer, or message other sensitive information.  These messages are often to a lawyer’s mobile phone that is used extensively for personal purposes, unsecured in their transmissions, and easily accessible by third parties. This new wave of lawyer-client communication raises many difficult ethical questions, including preservation of the attorney-client privilege.   This program will provide you with a guide to the major ethics issues when lawyers and their clients text message about pending matters.   Confidentiality issues involving unsecured transmission of texts involving sensitive case issues How to handle mobile phones used for both personal purposes and law practice Potential loss of the attorney-client privilege when text messages are accessible by third parties Tension among the duties of competence, prudence and to communicate with clients Understanding the ethical risks and counseling clients about the risks to their case when texting   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
  • 2/19/2021
    Presented
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LIVE REPLAY: How Ethics Rules Apply to Lawyers Outside of Law Practice

$65.00

Ethics rules are intended primarily to regulate lawyer acts when practicing law. But the rules do not always stop there. Lawyers can be held responsible and disciplined under ethics rules for things they do when acting outside of their practices.  Lawyers may be disciplined under ethics rules for criminal conduct, including misdemeanors, entirely unrelated to their lawyerly conduct. They may be also be disciplined for any acts that involve dishonesty, misrepresentation, or any actions prejudicial to the judicial system. This program will provide you with a real-world guide to circumstances in which ethics rules apply to lawyers when they act outside of law practice.  Dishonesty and misrepresentation when a lawyer is acting as a non-lawyer Lawyers as business people – how counter-parties can allege ethical misconduct Ex parte communications – when lawyers represent themselves in litigation or in other matters, who can they communicate with? Violations of law, including misdemeanors, as ethics violations Restrictions on lawyers’ ability to market themselves in non-lawyer roles   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 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-pagetreatise published by the Virginia Law Foundation.  Mr. Spahn has served as 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
  • 2/22/2021
    Presented
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Drafting Guarantees in Real Estate Transactions

$65.00

Guarantees undergird most real estate transactions.  Lenders, investors and others are often unwilling or unable to finance or otherwise support a real estate transaction without certain substantial guarantees.  These guarantees may concern repayment of loan proceeds or performance of other services – construction, maintenance and waste prevention, environmental indemnity, etc.  The scope of guarantees is highly negotiated, particularly whether the guarantee is recourse or non-recourse and the scope of carve-outs from the guarantees. This program will provide you with a practical guide to negotiating and drafting guarantees in real estate transactions.    Types of guarantees – payment, performance, collection, completion Essential elements of a guarantee – consideration, scope, carve-outs, waivers Guarantees for property maintenance/no waste, environmental indemnity and other non-financial concerns Carve-outs – full v. partial, fraud, misappropriation, misapplication, failure to maintain, insurance, and more Guarantees of construction loans   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.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 2/23/2021
    Presented
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How to Fix a Broken Trust: Decanting, Reformation & Other Tools

$65.00

Not every irrevocable trust ends up serving its intended purpose or is financially viable.  Many unforeseen events can and do occur – tax laws change, family circumstance change – sometimes dramatically, or there can be d a deep downturn in a family business.  In these and many other circumstances trusts are broken and need to be “fixed” – fiduciary powers adjusted, distributions policies modified, trusts divided or merged, or even terminated.  The process of accomplishing these fixes are necessarily limited and come with risks, including tax liability and potentially liability to future beneficiaries. This program will provide you with a practical guide to techniques for fixing broken irrevocable trusts.   Trust reformation by agreement of all stakeholder or by court order Principal and income adjustment powers under the UPIA Techniques for converting a trust from one type to another Use of “decanting” to terminate trusts and distribute assets when the trust is not viable Framework of tax considerations when trusts are restructured or terminated   Speaker: Benjamin S. Candland is a partner in the Richmond, Virginia office of McGuireWoods, LLP, where his practice focuses on estate planning, administration, estate and gift taxation, and litigation. He provides individual clients with advice on various estate planning matters involving estate, gift, and generation-skipping transfer taxes. He is a member of the ABA Real Property and Probate Section and the Virginia Bar Association Trusts and Estate Section. Mr. Candland received his B.A. from Brigham Young University and his J.D. from the College of William and Mary School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 2/24/2021
    Presented
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LIVE REPLAY:: LLC/Partnerships Interests: Collateral, Pledges, and Security Interests

$65.00

LLC members, partners and S Corp shareholders frequently pledge their ownership stakes as collateral to fund their businesses or for personal purposes. Taking and perfecting a security interest in an ownership stake involves a complex set of choices and processes under UCC Article 9 and Article 8, federal securities law and organizational law, each implying risk and limitations on the secured party.  This program will provide you with a practical guide to taking and perfecting a security interest in a partnership, LLC or S Corp ownership stake, the practical remedies and choices available to secured parties on foreclosure, how to circumvent certain restrictions, and the impact of non-UCC law on taking a security interest. How to take a security interest in partnership, LLC or S Corp ownership stake Relationship of Article 9 and Article 8, defining security interests in securities and investment properties Methods and mistakes in perfecting the security interest Restrictions on assignment and methods to circumvent Rights of secured parties, including the right buy, and foreclose strategies and traps Securities law and non-UCC legal issues   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
  • 2/25/2021
    Presented
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Ethical Issues for Small Law Firms: Technology, Paralegals, Remote Practice & More

$65.00

  Solo and small firm practitioners wear many hats. They practice law but also run the office and manage all of its information technology – file storage, email, and Web sites.  They may supervise paralegals or contract attorneys. They also need to be attentive to developing new clients. Each of these and other roles comes with ethical issues and traps.  Email, file storage, and law firm web sites implicate issues of competence, confidentiality, and potentially the attorney-client privilege.  Supervising paralegals or junior attorneys implicates supervisory ethics and conflicts of interest.  Client development also implicates a range of ethics issues.  It’s a lot to manage for a firm of any size, but particularly for smaller firms.This program will provide you with a practical guide to major ethics issues for solo and small firm practitioners.   Ethical issues for small law firms and solo practitioners Technology – storing client files in “the Cloud,” email traps, and remote networks Pooled Resources – shared office/meeting space, shared support staff, shared technology Client Development – web sites and lawyer biographies, email/newsletters, social media, advertising and more Paralegals – training and billing, confidentiality and the attorney-client privilege Co-Counsel – ethical responsibilities when practicing with other lawyers   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. H. Michael Drumm is the founder and member of Drumm Law, LLC in Denver, Colorado, where he has an extensive franchise, trademark and business transactional practice.  He works with franchisors across industries nationwide helping them draft, file and renew their franchise Disclosure Documents and franchise agreements.  He has a specialty representing craft breweries to help them trademark their brands and protect their intellectual property. He has been repeatedly honored by Franchise Times magazine as a “Legal Eagle” and has been designated by the International Franchise Association as a “Certified Franchise Executive.”  Mr. Drumm received his BSBA from the University of Missouri-Columbia and his J.D. from the University of Texas School of Law.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 2/26/2021
    Presented
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