Course1

LIVE REPLAY: What to Do When a Partner Leaves? Non-competition for Departing Owners

$75.00

In closely held companies, its partners are the keys to its success. They build, maintain and have access to key customer or client relationships, understand how services are delivered or products made, and have privileged access to the “know how” that makes the company a success.  They are at once both the keys to success and the greatest threats to the company should one or several of the partners leave the company and decide to compete with their former partners. The challenge is devising a series of enforceable protections to guard against this risk. This program will provide you with a guide to designing and drafting business and employment agreements and policies to protect closely held companies from unfair competition from departing partners.   Business law and employment law techniques to protect closely held companies from unfair competition from departed partners Incorporating protections in stockholders’, LLC members’ and operating agreements Use of the organizational opportunity doctrine and implied common law duties to protect a company Agreements to protect a company’s buyer from competition from the company’s sellers Differences among non-competition, non-solicitation and non-disparagement agreements Tailoring non-competition agreements with individuals to enhance enforceability   Speakers: Shannon M. Bell is a member with Kelly & Walker, 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.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 6/11/2020
    Presented
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Course1

LIVE REPLAY: What to Do When a Partner Leaves? Non-competition for Departing Owners

$75.00

In closely held companies, its partners are the keys to its success. They build, maintain and have access to key customer or client relationships, understand how services are delivered or products made, and have privileged access to the “know how” that makes the company a success.  They are at once both the keys to success and the greatest threats to the company should one or several of the partners leave the company and decide to compete with their former partners. The challenge is devising a series of enforceable protections to guard against this risk. This program will provide you with a guide to designing and drafting business and employment agreements and policies to protect closely held companies from unfair competition from departing partners.   Business law and employment law techniques to protect closely held companies from unfair competition from departed partners Incorporating protections in stockholders’, LLC members’ and operating agreements Use of the organizational opportunity doctrine and implied common law duties to protect a company Agreements to protect a company’s buyer from competition from the company’s sellers Differences among non-competition, non-solicitation and non-disparagement agreements Tailoring non-competition agreements with individuals to enhance enforceability   Speakers: Shannon M. Bell is a member with Kelly & Walker, 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
  • 6/11/2020
    Presented
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Course1

LIVE REPLAY: Smartphones, Tablets, and Other Devices in the Workplace

$75.00

Most employees carry with them powerful computing devices – smartphone and tablets – that they use for mixed personal and professional use.  These devices can enhance or hinder productivity. The powerful communications capabilities of these devices enable a range of activity which potentially exposes employers to liability.  Every day employers struggle with crafting policies that allow employees autonomy to use their devise, even channel them to productive work use.  This program will provide you with a practical guide to employer liability for employee use of smart devices in the workplace and best practices to limit liability.  Drafting essential elements of employee handbooks Ensuring handbooks are not enforceable contracts and are subject to change by employers Compliance with Equal Employment Opportunity laws, including the ADA, FMLA and others Prohibition of discrimination, harassment, and other unlawful conduct – including drugs in the workplace Defining workplace policies for personal smartphones, tablets, and other devices Time off, leave of absence, and discipline and dismissal procedures Speaker: Julie Lal is an attorney in the San Francisco office of Paul Hastings, LLP, where she represents employers in all aspects of employment law.  She has substantial experience defending clients in individual and class action claims involving harassment, discrimination, and other wage and hour claims.  She also has an active preventive practice, counseling clients about best practices to avoid workplace liability.  Before entering private practice, she served as a judicial extern to Justice Carlos Moreno of the California Supreme Court.  Ms. Lal earned her B.A.,cum laude, from the University of California, Berkeley and her J.D. from the University of California, Berkeley School of Law, Boalt Hall.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 6/22/2020
    Presented
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Course1

LIVE REPLAY: Smartphones, Tablets, and Other Devices in the Workplace

$75.00

Most employees carry with them powerful computing devices – smartphone and tablets – that they use for mixed personal and professional use.  These devices can enhance or hinder productivity. The powerful communications capabilities of these devices enable a range of activity which potentially exposes employers to liability.  Every day employers struggle with crafting policies that allow employees autonomy to use their devise, even channel them to productive work use.  This program will provide you with a practical guide to employer liability for employee use of smart devices in the workplace and best practices to limit liability.  Drafting essential elements of employee handbooks Ensuring handbooks are not enforceable contracts and are subject to change by employers Compliance with Equal Employment Opportunity laws, including the ADA, FMLA and others Prohibition of discrimination, harassment, and other unlawful conduct – including drugs in the workplace Defining workplace policies for personal smartphones, tablets, and other devices Time off, leave of absence, and discipline and dismissal procedures Speaker: Julie Lal is an attorney in the San Francisco office of Paul Hastings, LLP, where she represents employers in all aspects of employment law.  She has substantial experience defending clients in individual and class action claims involving harassment, discrimination, and other wage and hour claims.  She also has an active preventive practice, counseling clients about best practices to avoid workplace liability.  Before entering private practice, she served as a judicial extern to Justice Carlos Moreno of the California Supreme Court.  Ms. Lal earned her B.A.,cum laude, from the University of California, Berkeley and her J.D. from the University of California, Berkeley School of Law, Boalt Hall.

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/22/2020
    Presented
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Course1

LIVE REPLAY: The Law of Background Checks: What Clients May/May Not "Check"

$75.00

Background checks are an exercise in risk management in hiring.  Companies want to align an applicant’s skills with the company’s job profile, reducing the likelihood the hire won’t work out or, worse yet, cause the company 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 those questions, employers open themselves to liability. There is a trend toward in legislation and common law to further limit background checks. This program will provide you with a real-world guide to what’s allowed and not 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 Potential liability (and measure of damages) 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.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 6/23/2020
    Presented
SEE MORE
Course1

LIVE REPLAY: The Law of Background Checks: What Clients May/May Not "Check"

$75.00

Background checks are an exercise in risk management in hiring.  Companies want to align an applicant’s skills with the company’s job profile, reducing the likelihood the hire won’t work out or, worse yet, cause the company 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 those questions, employers open themselves to liability. There is a trend toward in legislation and common law to further limit background checks. This program will provide you with a real-world guide to what’s allowed and not 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 Potential liability (and measure of damages) 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
  • 6/23/2020
    Presented
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Course1

LIVE REPLAY: Drafting Employment Agreements for Commission-based Employees

$75.00

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  Speakers: Zach P. Hutton a partner in the San Francisco office of Paul Hastings, LLP, where his practice encompasses all aspects of employment law, including discrimination and harassment, wrongful termination, family and medical leaves, and wage and hour issues. He has successfully represented employers in class actions, individual plaintiff cases, labor arbitrations, and administrative hearings. He is a member of the executive committee of the Bar Association of San Francisco Labor and Employment Section and a member of the ABA Fair Labor Standards Legislation Committee. Mr. Hutton received his B.A. from the University of Wisconsin-Madison and his J.D. from the University of California, Hastings College of Law. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 6/25/2020
    Presented
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Course1

LIVE REPLAY: Drafting Employment Agreements for Commission-based Employees

$75.00

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  Speakers: Zach P. Hutton a partner in the San Francisco office of Paul Hastings, LLP, where his practice encompasses all aspects of employment law, including discrimination and harassment, wrongful termination, family and medical leaves, and wage and hour issues. He has successfully represented employers in class actions, individual plaintiff cases, labor arbitrations, and administrative hearings. He is a member of the executive committee of the Bar Association of San Francisco Labor and Employment Section and a member of the ABA Fair Labor Standards Legislation Committee. Mr. Hutton received his B.A. from the University of Wisconsin-Madison and his J.D. from the University of California, Hastings College of Law. 

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/25/2020
    Presented
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Course1

2020 Americans with Disabilities Act Update

$75.00

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 Developments in job qualification standards Reasonable accommodation trends, including the EEOC’s guidance Developments related to reassignment to another job category Trends in the interactive process    Speakers: Jennifer S. Baldocchi is a partner in Los Angeles office of Paul Hastings, LLP, where she co-chairs the office’s employment law department.  Her practice focuses on employee mobility and intellectual property, including trade secrets, covenants not to compete, unfair competition, and fiduciary duties.   In her transactional practice, she prepares employee and executive contracts, focusing on the protection of trade secrets and the prevention of improper customer and employee solicitations. She is recognized by Legal 500 US for trade secrets litigation and non-contentious matters.  Ms. Baldocchi earned her B.A. from the University of California, Berkeley, and her J.D. from Loyola Law School, Los Angeles.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
    Avail. Until
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Course1

Drafting Employment Agreements, Part 2

$75.00

This program will provide you a practical guide to the most important provisions of employment agreements, common sources of dispute and litigation, and traps. The program will cover scope of duties (and how they may change over time), forms of compensation and benefits (including deferred compensation), and objective/measurable performance standards.  The program will also discuss planning for the possible release of the employee, limiting liability, and protecting confidential information and trade secrets to which the employee may have had access. This program will provide you with a practical guide to drafting successful employment agreements. Day 1: Scope of an employee’s duties and modification as facts and circumstances change Objective and measurable performance benchmarks tied to incentive compensation Forms of compensation, deferred compensation, and fringe benefits Protecting trade secrets – non-competition and non-disclosure mechanisms   Day 2: Term of employment – fixed or variable terms, extensions, and discharge Anticipating severance and building in dispute mitigation and resolution provisions Severance benefits on voluntary and involuntary separation – and tying them to confidentiality and non-competition Non-disparagement of employer on discharge or voluntary departure Essential mediation and choice of law considerations   Speaker:

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
    Avail. Until
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Course1

Drafting Employment Agreements, Part 1

$75.00

This program will provide you a practical guide to the most important provisions of employment agreements, common sources of dispute and litigation, and traps. The program will cover scope of duties (and how they may change over time), forms of compensation and benefits (including deferred compensation), and objective/measurable performance standards.  The program will also discuss planning for the possible release of the employee, limiting liability, and protecting confidential information and trade secrets to which the employee may have had access. This program will provide you with a practical guide to drafting successful employment agreements. Day 1: Scope of an employee’s duties and modification as facts and circumstances change Objective and measurable performance benchmarks tied to incentive compensation Forms of compensation, deferred compensation, and fringe benefits Protecting trade secrets – non-competition and non-disclosure mechanisms   Day 2: Term of employment – fixed or variable terms, extensions, and discharge Anticipating severance and building in dispute mitigation and resolution provisions Severance benefits on voluntary and involuntary separation – and tying them to confidentiality and non-competition Non-disparagement of employer on discharge or voluntary departure Essential mediation and choice of law considerations   Speaker:

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
    Avail. Until
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Course1

2020 Sex Harassment Update

$75.00

This program will provide you with an update on recent developments in sex harassment claims, including the ongoing impact of the #metoo movement.  The discussion will include case law developments, trends in claims and defenses, and legislative proposals.  The program will cover how to handle recent allegations of harassment based on conduct occurring years ago and best practices in revising policies and procedures to handle allegations of misconduct. The program will also cover the validity of using mandatory arbitration clauses in contacts to respond to sex harassment claims. This program will provide you with a wide-ranging discussion of significant developments in sex harassment law. Significant sex harassment case law developments Impact of #metoo on sex harassment litigation How to investigate new complaints of old misconduct Sex harassment issues arising from online posts and messaging Validity of mandatory arbitration in sex harassment cases Best practices in revising sex harassment policies    

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
    Avail. Until
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Course1

2020 Retaliation and Wrongful Discharge Update

$75.00

Retaliations claims are one of the most common forms of employment litigation, whether as a standalone claim or when a substantive claim of harassment or discrimination fails.Though often used as a fallback claim, the scope of an employee’s protected conduct – whistleblower activity, requests for accommodation, and many other forms of activity – is not limitless. There are also complicated questions of what exactly constitutes an adverse action by an employer and the causal connection between the employee’s protected activity and the adverse action. This program will provide you with a practical review of recent case law and other developments impacting each of the elements of an actionable retaliation claim and best practices to avoid liability. Case law developments impacting elements of retaliation claims – protected conduct, adverse action, and causation Scope of “protected conduct,” including requests for reasonable accommodation under the ADA and FMLA What constitutes adverse action by the employer and timing of the adverse action Standards for establishing the causal link between protected conduct and adverse action Relationship among harassment, discrimination and ADA, and retaliation claim   Speaker:

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
    Avail. Until
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Course1

"I Want Out!": Exit Rights in Business Agreements

$75.00

A client investment in an operating business, particularly a minority stake, is only as good as its liquidity.  If a client cannot readily sell his or her ownership stake at fair market value, it has little real value. The key to ensuring liquidity is contractually creating a private market for the ownership stake.  This market can come in the form of requiring other stakeholders, including the majority owner, to buy the minority stake at a mutually agreeable price, or creating other mechanisms for selling the stake to third parties. Without these contract rights, a stakeholder has no liquidity and is stuck. This program will provide you with a practical to planning and drafting contractual liquidity rights in closely held companies. Planning and drafting liquidity rights in closely held companies Counseling clients about the limitations and risks of liquidity in closely held companies Framework of alternatives for determining most appropriate liquidity rights “Texas standoff” or “Russian roulette” – opportunities, risks and tradeoffs Drafting “tag-along” and “drag-along” rights – practical uses and drawbacks How to think about valuing closely held ownership stakes   Speaker: Frank Ciatto is a partner in the Washington, D.C. office of Venable, LLP, where he has 20 years’ experience advising clients on mergers and acquisitions, limited liability companies, tax and accounting issues, and corporate finance transactions.  He is a leader of his firm’s private equity and hedge fund groups and a member of the Mergers & Acquisitions Subcommittee of the ABA Business Law Section.  He is a Certified Public Accountant and earlier in his career worked at what is now PricewaterhouseCoopers in New York.  Mr. Ciatto earned his B.A., cum laude, at Georgetown University and his J.D. from Georgetown University Law Center.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
    Avail. Until
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Course1

LIVE REPLAY: 2020 Family and Medical Leave Update

$75.00

This program will provide you with a practical guide to developments under the Family and Medical Leave Act and review trends in employee leave generally. The program will cover significant case law and regulatory developments, as well as the practical trends in dispute and litigation impacting your employer clients. The program will cover the impact of technology, contract employees, and other changes in the workforce, and discuss their impact on traditional leave law.  This program will provide you with a real-world guide to significant legal and practical developments under FMLA and employee leave generally. Case law and regulatory developments under the FMLA Developments related to “appropriate notice” Serious health condition requiring leave and practical application Remote and work-from-home workers and leave under the FMLA Responding to leave requests based on substance abuse Emerging cannabis issues   Speaker:

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/1/2020
    Presented
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Course1

LIVE REPLAY: 2020 Family and Medical Leave Update

$75.00

This program will provide you with a practical guide to developments under the Family and Medical Leave Act and review trends in employee leave generally. The program will cover significant case law and regulatory developments, as well as the practical trends in dispute and litigation impacting your employer clients. The program will cover the impact of technology, contract employees, and other changes in the workforce, and discuss their impact on traditional leave law.  This program will provide you with a real-world guide to significant legal and practical developments under FMLA and employee leave generally. Case law and regulatory developments under the FMLA Developments related to “appropriate notice” Serious health condition requiring leave and practical application Remote and work-from-home workers and leave under the FMLA Responding to leave requests based on substance abuse Emerging cannabis issues   Speaker:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/1/2020
    Presented
SEE MORE
Course1

LIVE REPLAY: Drafting Employment Agreements, Part 1

$75.00

This program will provide you a practical guide to the most important provisions of employment agreements, common sources of dispute and litigation, and traps. The program will cover scope of duties (and how they may change over time), forms of compensation and benefits (including deferred compensation), and objective/measurable performance standards.  The program will also discuss planning for the possible release of the employee, limiting liability, and protecting confidential information and trade secrets to which the employee may have had access. This program will provide you with a practical guide to drafting successful employment agreements. Day 1:  Scope of an employee’s duties and modification as facts and circumstances change Objective and measurable performance benchmarks tied to incentive compensation Forms of compensation, deferred compensation, and fringe benefits Protecting trade secrets – non-competition and non-disclosure mechanisms   Day 2: Term of employment – fixed or variable terms, extensions, and discharge Anticipating severance and building in dispute mitigation and resolution provisions Severance benefits on voluntary and involuntary separation – and tying them to confidentiality and non-competition Non-disparagement of employer on discharge or voluntary departure Essential mediation and choice of law considerations   Speaker:

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/9/2020
    Presented
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Course1

LIVE REPLAY: Drafting Employment Agreements, Part 1

$75.00

This program will provide you a practical guide to the most important provisions of employment agreements, common sources of dispute and litigation, and traps. The program will cover scope of duties (and how they may change over time), forms of compensation and benefits (including deferred compensation), and objective/measurable performance standards.  The program will also discuss planning for the possible release of the employee, limiting liability, and protecting confidential information and trade secrets to which the employee may have had access. This program will provide you with a practical guide to drafting successful employment agreements. Day 1:  Scope of an employee’s duties and modification as facts and circumstances change Objective and measurable performance benchmarks tied to incentive compensation Forms of compensation, deferred compensation, and fringe benefits Protecting trade secrets – non-competition and non-disclosure mechanisms   Day 2: Term of employment – fixed or variable terms, extensions, and discharge Anticipating severance and building in dispute mitigation and resolution provisions Severance benefits on voluntary and involuntary separation – and tying them to confidentiality and non-competition Non-disparagement of employer on discharge or voluntary departure Essential mediation and choice of law considerations   Speaker:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/9/2020
    Presented
SEE MORE
Course1

LIVE REPLAY: Drafting Employment Agreements, Part 2

$75.00

  This program will provide you a practical guide to the most important provisions of employment agreements, common sources of dispute and litigation, and traps. The program will cover scope of duties (and how they may change over time), forms of compensation and benefits (including deferred compensation), and objective/measurable performance standards.  The program will also discuss planning for the possible release of the employee, limiting liability, and protecting confidential information and trade secrets to which the employee may have had access. This program will provide you with a practical guide to drafting successful employment agreements. Day 1: Scope of an employee’s duties and modification as facts and circumstances change Objective and measurable performance benchmarks tied to incentive compensation Forms of compensation, deferred compensation, and fringe benefits Protecting trade secrets – non-competition and non-disclosure mechanisms   Day 2: Term of employment – fixed or variable terms, extensions, and discharge Anticipating severance and building in dispute mitigation and resolution provisions Severance benefits on voluntary and involuntary separation – and tying them to confidentiality and non-competition Non-disparagement of employer on discharge or voluntary departure Essential mediation and choice of law considerations   Speaker:    

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/10/2020
    Presented
SEE MORE
Course1

LIVE REPLAY: Drafting Employment Agreements, Part 2

$75.00

  This program will provide you a practical guide to the most important provisions of employment agreements, common sources of dispute and litigation, and traps. The program will cover scope of duties (and how they may change over time), forms of compensation and benefits (including deferred compensation), and objective/measurable performance standards.  The program will also discuss planning for the possible release of the employee, limiting liability, and protecting confidential information and trade secrets to which the employee may have had access. This program will provide you with a practical guide to drafting successful employment agreements. Day 1: Scope of an employee’s duties and modification as facts and circumstances change Objective and measurable performance benchmarks tied to incentive compensation Forms of compensation, deferred compensation, and fringe benefits Protecting trade secrets – non-competition and non-disclosure mechanisms   Day 2: Term of employment – fixed or variable terms, extensions, and discharge Anticipating severance and building in dispute mitigation and resolution provisions Severance benefits on voluntary and involuntary separation – and tying them to confidentiality and non-competition Non-disparagement of employer on discharge or voluntary departure Essential mediation and choice of law considerations   Speaker:    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/10/2020
    Presented
SEE MORE
Course1

2020 Family and Medical Leave Update

$75.00

This program will provide you with a practical guide to developments under the Family and Medical Leave Act and review trends in employee leave generally. The program will cover significant case law and regulatory developments, as well as the practical trends in dispute and litigation impacting your employer clients. The program will cover the impact of technology, contract employees, and other changes in the workforce, and discuss their impact on traditional leave law.  This program will provide you with a real-world guide to significant legal and practical developments under FMLA and employee leave generally. Case law and regulatory developments under the FMLA Developments related to “appropriate notice” Serious health condition requiring leave and practical application Remote and work-from-home workers and leave under the FMLA Responding to leave requests based on substance abuse Emerging cannabis issues   Speaker:

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/17/2020
    Presented
SEE MORE
Course1

2020 Family and Medical Leave Update

$75.00

This program will provide you with a practical guide to developments under the Family and Medical Leave Act and review trends in employee leave generally. The program will cover significant case law and regulatory developments, as well as the practical trends in dispute and litigation impacting your employer clients. The program will cover the impact of technology, contract employees, and other changes in the workforce, and discuss their impact on traditional leave law.  This program will provide you with a real-world guide to significant legal and practical developments under FMLA and employee leave generally. Case law and regulatory developments under the FMLA Developments related to “appropriate notice” Serious health condition requiring leave and practical application Remote and work-from-home workers and leave under the FMLA Responding to leave requests based on substance abuse Emerging cannabis issues   Speaker:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/17/2020
    Presented
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Course1

Employment Law Torts

$75.00

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   Speakers:

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/8/2020
    Presented
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Course1

Employment Law Torts

$75.00

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   Speakers:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/8/2020
    Presented
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Course1

Rights of First Offer, First Refusal in Real Estate

$75.00

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:

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/3/2020
    Presented
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Course1

Rights of First Offer, First Refusal in Real Estate

$75.00

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:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/3/2020
    Presented
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Course1

Releasing Employees & Drafting Separation Agreements

$75.00

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   Speakers:

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/4/2020
    Presented
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Course1

Releasing Employees & Drafting Separation Agreements

$75.00

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   Speakers:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/4/2020
    Presented
SEE MORE
Course1

Employee v. Independent Contractor: Tax and Employment Law Considerations

$75.00

Characterizing a worker as an employee or independent contractor carries with it a multitude of substantial legal consequences, particularly in employment and tax law.  If a worker is an employee, the tax and compliance “cost” of a worker is substantially more than if the worker is an independent contractor. The Affordable Care Act also requires employers of a certain size provide full-time (in distinction to part-time) employees with health insurance. In employment law, if a worker is characterized as an employee, the employer acquires EEO liability for the employee’s actions. This program will provide attorneys advising businesses with a practical guide to classifying workers as employees or independent contractors, the substantive legal consequences under tax and employment law, and best practices to avoid liability. Employment law factors for characterizing a worker as an employee or contractor Employer liability for EEO and discrimination violations committed by contractors Tax factors to determine whether a worker is a contractor v. an employee Tax liability and withholding obligations of employers depending on the classification Affordable Care Act implications of characterizing an employee as full-time or part-time   Speaker:

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/11/2020
    Presented
SEE MORE
Course1

Employee v. Independent Contractor: Tax and Employment Law Considerations

$75.00

Characterizing a worker as an employee or independent contractor carries with it a multitude of substantial legal consequences, particularly in employment and tax law.  If a worker is an employee, the tax and compliance “cost” of a worker is substantially more than if the worker is an independent contractor. The Affordable Care Act also requires employers of a certain size provide full-time (in distinction to part-time) employees with health insurance. In employment law, if a worker is characterized as an employee, the employer acquires EEO liability for the employee’s actions. This program will provide attorneys advising businesses with a practical guide to classifying workers as employees or independent contractors, the substantive legal consequences under tax and employment law, and best practices to avoid liability. Employment law factors for characterizing a worker as an employee or contractor Employer liability for EEO and discrimination violations committed by contractors Tax factors to determine whether a worker is a contractor v. an employee Tax liability and withholding obligations of employers depending on the classification Affordable Care Act implications of characterizing an employee as full-time or part-time   Speaker:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/11/2020
    Presented
SEE MORE