Course1

LIVE REPLAY: Trust and Estate Planning in 2025: Embracing Change and Overcoming Challenges

$75.00

Trust and estate planning in 2025 will require navigating many rocky patches. There are new assets classes. Inflation is rising. We are still dealing with the ongoing effects of the pandemic. There is legislation pending to substantially alter the taxability of estates. Familiar planning platforms and techniques may no longer be efficacious as change unfolds.  Planning requires not only looking at the law as it is today but as it may change – perhaps dramatically – during the year. This program will provide you with a practical guide to planning in the uncertainty.   Tax legislation that will or has changed the taxability of estates Planning with rising inflation – and higher interest rates? Trends in valuation of estates with higher rates Considering how to handle new asset classes Planning for the ongoing effects of the pandemic   Speakers: Michael Sneeringer a partner 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.    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/13/2025
    Presented
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LIVE REPLAY: Legal Holds: Strategic Uses and Drafting Strategies for Civil Litigation

$75.00

Legal holds are essential documents in civil litigation.  Presented by one party to the other, often by the plaintiff to the defendant in anticipation of filing a complaint, the hold demands the other party preserve specified evidence – documents or other items – which is essential underlying claiming.  But these no mere matter of issuing a form letter. Their scope and demands must be carefully tailored to the underlying claim. There are also issues of notice, who should receive the hold, remedies for breach, and potentially sanctions. This program will provide you with a practical guide to planning and drafting legal holds in civil litigation.    Giving notice of a litigation hold – and practical legal effect Who should receive the hold? Defining the scope of hold Standards in federal and state courts Electronically stored information – preservation v. pulling Termination of litigation Remedies for violation of hold – sanctions, adverse judgement   Speaker: Stanley E. Woodward Jr. is partner with Brand | Woodward, where he has a broad civil litigation and white collar criminal defense practice.  He also conducts internal corporate investigations.  He serves as an adjunct professor of law at Catholic University of America Columbus School of Law, where he teaches pre-trial litigation and employment law. Before entering private practice, he served as a judicial clerk to Judge Vanessa Ruiz of the District of Columbia Court of Appeals, and Judges Joan Zeldon and Judge Rufus King III of the Superior Court of the District of Columbia.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/14/2025
    Presented
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How Ethics Rules Apply to Lawyers Outside of Law Practice

$75.00

  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 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 Self-representation – when lawyers represent themselves in litigation, 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-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.    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/15/2025
    Presented
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LIVE REPLAY: Joint Ventures in Real Estate, Part 1

$75.00

Real estate joint venturesleverage the capital and expertise of partners to develop and operate or sell projects of every size.These joint ventures can take different forms – contractual or entity-based – and often involve a complex mix of equity and debt, preferential returns, and various types of fees. Thirdparties, including contractors, may have profit participation rights.  Real estate joint ventures are highly complex exercises in finance and risk management. This program will provide you with a real-world guide to types of real estate joint ventures, major capital structuring issues, and drafting the major provisions of the underlying documents.   Day 1: Entity selection for joint ventures Structing competing interests of investors, developers, and lenders Capital structure – getting the right mix of equity, mezzanine financing& long-term debt Initial and subsequent capital contributions of partners   Day 2: Management and information rights  Guarantees issue in joint ventures Structuring ordinary and liquidating distributions Valuation and sales/exchanges of partnership interests   Speakers: 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.   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. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/16/2025
    Presented
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LIVE REPLAY: Joint Ventures in Real Estate, Part 2

$75.00

Real estate joint venturesleverage the capital and expertise of partners to develop and operate or sell projects of every size.These joint ventures can take different forms – contractual or entity-based – and often involve a complex mix of equity and debt, preferential returns, and various types of fees. Thirdparties, including contractors, may have profit participation rights.  Real estate joint ventures are highly complex exercises in finance and risk management. This program will provide you with a real-world guide to types of real estate joint ventures, major capital structuring issues, and drafting the major provisions of the underlying documents.   Day 1: Entity selection for joint ventures Structing competing interests of investors, developers, and lenders Capital structure – getting the right mix of equity, mezzanine financing& long-term debt Initial and subsequent capital contributions of partners   Day 2: Management and information rights  Guarantees issue in joint ventures Structuring ordinary and liquidating distributions Valuation and sales/exchanges of partnership interests   Speakers: 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.   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. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/17/2025
    Presented
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LIVE REPLAY: Non-Disclosure Agreements: Key Provisions, Tradeoffs, and Enforceability

$75.00

Many business transactions, employment agreements, and litigation settlement agreements rest on the bedrock of the parties agreeing to keep confidential the terms of the underlying agreement.  These agreements, sometimes considered extended exercises in boilerplate, are more properly a complex array of terms defining what’s confidential, what’s not, what constitutes a breach, and how long confidentiality must be maintained.  As importantly, these agreements are not self-executing.  How a contractual breach is redressed – damages and injunctive relief – must also be carefully considered to enhance practical enforceability.  This program will provide you with a practical guide to drafting confidentiality and nondisclosure agreements in a range of settings to enhance effectiveness and enforceability. Framework of law governing enforceability Defining the scope of confidential information – and what’s not confidential Key terms – persons covered, duration of confidentiality, forms of breach, damages Practical enforceability – what can be done at the drafting stage? Common traps that lead to unenforceability Speakers: Shannon M. Bell is a partner 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.       

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/20/2025
    Presented
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Drafting LLC Operating Agreements Tax and Non-Tax Provisions, Part 1

$75.00

LLC operating agreements may be the most commonly document drafted, reviewed and negotiated by transactional counsel. These documents define the governance, information and liquidation rights of members, allocate economic rewards, sometimes establish restrictions on members or their interests, and can assign or alleviate liability.  The tax provisions, too, are highly complex, defining allocations of tax attributes and rights to cash and property distributions.  Fiduciary duties may also be modified in a way that is not possible in other types of entities. This program will provide you with a practical guide to drafting the most important provisions of LLC operating agreements.   Day 1: Drafting the most important provisions of LLC operating agreements Planning for different types of capital contributions – capital v. services, current contributions v. future capital calls Management provisions depending on whether the LLC is member-managed v. manger-managed LLCs Fiduciary duties of members, modifications, and the “LLC opportunity doctrine” Restrictions on transfers of capital and profits interests Relationship between tax allocation and property distribution provisions, including IRC Section 704(b) accounting   Day 2: Drafting allocation provisions for maximum tax benefit and to secure the safe harbor How “payments to member” (not distributions) are treated for financial v. tax purposes Drafting ordinary distributions, minimum tax distributions, waterfall distributions, liquidating distributions Rights of first refusal, rights of first offer, buy-sell provisions – understanding the alphabet soup of exit alternatives Liquidations of the entity and sale of an individual member’s interests   Speakers: Paul Kaplun is a partner in the Washington, D.C. office of Venable, LLP where he has an extensive corporate and business planning practice, and provides advisory services to emerging growth companies and entrepreneurs in a variety of industries. He formerly served as an Adjunct Professor of Law at Georgetown University Law Center, where he taught business planning.  Before entering private practice, he was a Certified Public Accountant with a national accounting firm, specializing in corporate and individual income tax planning and compliance.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/21/2025
    Presented
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Course1

Drafting LLC Operating Agreements Tax and Non-Tax Provisions, Part 2

$75.00

LLC operating agreements may be the most commonly document drafted, reviewed and negotiated by transactional counsel. These documents define the governance, information and liquidation rights of members, allocate economic rewards, sometimes establish restrictions on members or their interests, and can assign or alleviate liability.  The tax provisions, too, are highly complex, defining allocations of tax attributes and rights to cash and property distributions.  Fiduciary duties may also be modified in a way that is not possible in other types of entities. This program will provide you with a practical guide to drafting the most important provisions of LLC operating agreements.   Day 1: Drafting the most important provisions of LLC operating agreements Planning for different types of capital contributions – capital v. services, current contributions v. future capital calls Management provisions depending on whether the LLC is member-managed v. manger-managed LLCs Fiduciary duties of members, modifications, and the “LLC opportunity doctrine” Restrictions on transfers of capital and profits interests Relationship between tax allocation and property distribution provisions, including IRC Section 704(b) accounting   Day 2: Drafting allocation provisions for maximum tax benefit and to secure the safe harbor How “payments to member” (not distributions) are treated for financial v. tax purposes Drafting ordinary distributions, minimum tax distributions, waterfall distributions, liquidating distributions Rights of first refusal, rights of first offer, buy-sell provisions – understanding the alphabet soup of exit alternatives Liquidations of the entity and sale of an individual member’s interests   Speakers: Paul Kaplun is a partner in the Washington, D.C. office of Venable, LLP where he has an extensive corporate and business planning practice, and provides advisory services to emerging growth companies and entrepreneurs in a variety of industries. He formerly served as an Adjunct Professor of Law at Georgetown University Law Center, where he taught business planning.  Before entering private practice, he was a Certified Public Accountant with a national accounting firm, specializing in corporate and individual income tax planning and compliance.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/22/2025
    Presented
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Course1

LIVE REPLAY: Trust and Estate Planning in 2025: Embracing Change and Overcoming

$75.00

Trust and estate planning in 2025 will require navigating many rocky patches. There are new assets classes. Inflation is rising. We are still dealing with the ongoing effects of the pandemic. There is legislation pending to substantially alter the taxability of estates. Familiar planning platforms and techniques may no longer be efficacious as change unfolds.  Planning requires not only looking at the law as it is today but as it may change – perhaps dramatically – during the year. This program will provide you with a practical guide to planning in the uncertainty.   Tax legislation that will or has changed the taxability of estates Planning with rising inflation – and higher interest rates? Trends in valuation of estates with higher rates Considering how to handle new asset classes Planning for the ongoing effects of the pandemic   Speakers: Michael Sneeringer a partner 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.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/23/2025
    Presented
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Course1

Wealth Transfer Talks: Avoiding Beneficiary Disputes

$75.00

Transferring wealth often unearths long-deferred issues that may complicate or even subvert the best laid trust and estate plans. Heirs may have expectations about their inheritance that are unrealistic. Certain children may expect to take control of a family business. There are often interpersonal resentments or animosities among children of different marriages. Sometimes, too, there are children from a relationship that was previously unknown.  These and many other issues need to be explored before plans are formulated and documents drafted.  But raising these issues is a very delicate conversation which sometimes takes lawyers to the edge of their comfort zone. This program will provide you a practical guide to raising these issues and counseling clients about the legal issues involved.    Communicating wealth transfer plans before the death of a client When to have those conversations – timing is everything How to broach uncomfortable topics and pose unpopular choices Anticipating visceral reactions and strategies to avoid estrangement and dispute How trustee choices may impact beneficiary reactions   Speaker: Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/24/2025
    Presented
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LIVE REPLAY: Small Firm Ethics: Tech, Paralegals, Remote & More

$75.00

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 of counsel in the Tysons Corners, Virginia office of McGuireWoods, where he advises firm clients on professional responsibility issues and properly creating and preserving the attorney-client privilege and work product protections.  He has served on the ABA Standing Committee on Ethics and Professional Responsibility and is a Member of the American Law Institute and a Fellow of the American Bar Foundation.  He has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 2000 CLE programs throughout the U.S. and in several foreign countries.  Through links on his website biography, he has made available to the public his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 900 weekly email alerts about privilege and work product cases; and materials for 40 ethics programs on numerous topics, totaling over 9,000 pages of analysis.   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.”  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/27/2025
    Presented
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Mine, Yours and Ours: Trust and Estate Planning for Non-Traditional Families, Part 1

$75.00

Modern families demand modern planning strategies that traditional estate planning often fails to address. This comprehensive two-part program equips attorneys with the specialized knowledge needed to serve blended families, unmarried partners, LGBTQ+ couples, and other non-traditional family structures. Navigate complex inheritance issues, custody considerations, and beneficiary designations that reflect today's diverse family realities. Part 1: · Master planning techniques for blended families with children from multiple relationships · Address unique challenges facing unmarried couples and domestic partnerships · Explore LGBTQ+ estate planning considerations and protective strategies · Learn to draft documents that honor chosen family structures and relationships · Understand guardianship issues for non-biological parental figures Part 2: · Navigate tax implications and legal hurdles specific to non-traditional arrangements · Develop strategies for managing family disputes in complex inheritance scenarios · Master trust structures that accommodate multiple family dynamics · Address business succession planning for non-traditional family enterprises · Learn to counsel clients on relationship agreements that support estate plans   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.   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. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/28/2025
    Presented
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Course1

Mine, Yours and Ours: Trust and Estate Planning for Non-Traditional Families, Part 2

$75.00

Modern families demand modern planning strategies that traditional estate planning often fails to address. This comprehensive two-part program equips attorneys with the specialized knowledge needed to serve blended families, unmarried partners, LGBTQ+ couples, and other non-traditional family structures. Navigate complex inheritance issues, custody considerations, and beneficiary designations that reflect today's diverse family realities. Part 1: · Master planning techniques for blended families with children from multiple relationships · Address unique challenges facing unmarried couples and domestic partnerships · Explore LGBTQ+ estate planning considerations and protective strategies · Learn to draft documents that honor chosen family structures and relationships · Understand guardianship issues for non-biological parental figures Part 2: · Navigate tax implications and legal hurdles specific to non-traditional arrangements · Develop strategies for managing family disputes in complex inheritance scenarios · Master trust structures that accommodate multiple family dynamics · Address business succession planning for non-traditional family enterprises · Learn to counsel clients on relationship agreements that support estate plans   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.   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. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/29/2025
    Presented
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LIVE REPLAY: Subleases & Assignments in Commercial Real Estate, Part 1

$75.00

  Subleasing and assignments are essential instruments for tenants to reduce the size and cost of their space as their needs change. Landlords (and their lenders) often disfavor subleases and assignments because they might lose control of who occupies the space. Subleases come in a variety of forms, all of which need to conform to the provisions of the master lease. Because of this, subleases can quickly become wildly complex, and have the potential to give rise to multiple levels of friction and possibly litigation. This program will provide you with a practical guide to the types of subleases and assignments, key issues for landlords, tenants, and subtenants, and drafting tips   Day 1 : Subleasing v. assignments – when is each used or allowed? Types of subleases – no reference to master leases, reference by incorporation, custom subleases Standards of “reasonableness” in obtaining landlord consent to assignment or sublease Identifying and mitigating risks to tenants and subtenants in subleasing Landlord and lender concerns in subleases and methods to address   Day 2 : Space recapture, profit sharing, and other landlord remedies Restrictions on use in subleases and subtenant risks Non-disturbance agreements with landlord and lender Subtenant remedies when tenant defaults on master lease Most important provisions of lease assignments   Speaker: Michael P. Williams is a partner in the Denver, Colorado office of Senn Visciano Canges, P.C., where he has extensive experience in commercial leasing and tenant relations, acquisition and disposition of office, industrial, retail and multi-family properties, representing real estate professionals in disputes before their boards or in litigation, and advising homeowner associations.  He also assists lenders in pre-foreclosure workouts, foreclosures, loan modifications and servicing REO property needs.  He is a member of the banking law subcommittee of the ABA’s Business Law Section.  Mr. Williams received his B.A. from Colorado State University and his J.D. from the University of Denver College of Law.    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/30/2025
    Presented
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LIVE REPLAY: Subleases & Assignments in Commercial Real Estate, Part 2

$75.00

Subleasing and assignments are essential instruments for tenants to reduce the size and cost of their space as their needs change. Landlords (and their lenders) often disfavor subleases and assignments because they might lose control of who occupies the space. Subleases come in a variety of forms, all of which need to conform to the provisions of the master lease. Because of this, subleases can quickly become wildly complex, and have the potential to give rise to multiple levels of friction and possibly litigation. This program will provide you with a practical guide to the types of subleases and assignments, key issues for landlords, tenants, and subtenants, and drafting tips   Day 1 : Subleasing v. assignments – when is each used or allowed? Types of subleases – no reference to master leases, reference by incorporation, custom subleases Standards of “reasonableness” in obtaining landlord consent to assignment or sublease Identifying and mitigating risks to tenants and subtenants in subleasing Landlord and lender concerns in subleases and methods to address   Day 2 : Space recapture, profit sharing, and other landlord remedies Restrictions on use in subleases and subtenant risks Non-disturbance agreements with landlord and lender Subtenant remedies when tenant defaults on master lease Most important provisions of lease assignments   Speaker: Michael P. Williams is a partner in the Denver, Colorado office of Senn Visciano Canges, P.C., where he has extensive experience in commercial leasing and tenant relations, acquisition and disposition of office, industrial, retail and multi-family properties, representing real estate professionals in disputes before their boards or in litigation, and advising homeowner associations.  He also assists lenders in pre-foreclosure workouts, foreclosures, loan modifications and servicing REO property needs.  He is a member of the banking law subcommittee of the ABA’s Business Law Section.  Mr. Williams received his B.A. from Colorado State University and his J.D. from the University of Denver College of Law.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/31/2025
    Presented
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LIVE REPLAY: Lawyers and Paralegals: Understanding Ethical Responsibilities

$75.00

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 of counsel in the Tysons Corners, Virginia office of McGuireWoods, where he advises firm clients on professional responsibility issues and properly creating and preserving the attorney-client privilege and work product protections.  He has served on the ABA Standing Committee on Ethics and Professional Responsibility and is a Member of the American Law Institute and a Fellow of the American Bar Foundation.  He has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 2000 CLE programs throughout the U.S. and in several foreign countries.  Through links on his website biography, he has made available to the public his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 900 weekly email alerts about privilege and work product cases; and materials for 40 ethics programs on numerous topics, totaling over 9,000 pages of analysis.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/3/2025
    Presented
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Working in the Cloud: Employment Law Issues When Employees Work Remotely

$75.00

Technology allows lawyers far more flexibility to practice law than ever before.  Lawyers can work in shared offices, splitting expenses with other small firms or solo practitioners. They can work remotely, from home or virtually anywhere, with basic computer and networking technology. But all these innovations come with potential ethics traps. These include issues of communications and confidentiality, supervising outsourced worked, multijurisdictional practice, and ethically managing all the technology used to practice law with this newfound flexibility.  This program will provide you with a practical guide to significant issues when lawyers and law firms share office space, work remotely, or establish “virtual” practices. Ethical issues when lawyers share office space or other resources but practice separately Disclosure to clients of virtual nature of law office Electronic communications, confidentiality, and ethical risks in virtual law offices How Web sites and a “virtual” presence implicate multijurisdictional practice issues Outsourcing work to paralegal services, including fee sharing issues  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 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.   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.”  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/4/2025
    Presented
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Capital Stacks in Real Estate: Tiers, Tradeoffs & Costs

$75.00

Real estate capital structures have evolved into sophisticated financing mechanisms that can make or break investment deals. This intensive program demystifies the complex world of equity tiers, preferred returns, and capital stack optimization for real estate transactions. Attorneys will gain practical insights into structuring deals that balance investor expectations with project feasibility.   · Analyze different capital stack structures and their legal implications · Understand waterfall distributions and preferred return mechanisms · Navigate investor agreements and capital contribution requirements · Examine case studies of successful and failed capital structures · Master the documentation necessary for complex real estate financing   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/5/2025
    Presented
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Course1

Stockholders' Agreements for C & S Corps, Part 1

$75.00

Stockholders’ agreements can make or break a closely held company.  Voting control is allocated, distribution policies established, buy-sell mechanisms defined, and the relationship of the owners organized.  Most of the big decisions of a closely held company are made in the stockholders’ agreement. In the context of S Corporations, these agreements take on even more importance in the form of various restrictions to ensure the corporation does not lose its pass-through status for federal income tax purposes. This program will provide you with a guide to planning and drafting the most essential provisions of stockholders’ agreements for C and S corporations.    Day 1: Practical uses of stockholders’ agreements Management and voting rights – what events trigger a vote and by whom Economic rights – distributions, taxes, and liquidations Information rights – access to operational, financial and tax information   Day 2: Restrictions on transferability and mechanisms to buy/sell restricted stock Valuation methodologies for stock that does not have a liquid market Protective provisions for S Corps – preventing transfers to ineligible holders Provisions for approving the termination an S Corp election Close corporations and the ability to govern the company without a board of directors   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.  Molly Merritts is an attorney in the Washington, D.C. office of Venable, LLP, where she focuses her practice on a wide range of corporate law matters, including mergers and acquisitions, debt and equity financing, and real estate investment trusts. She also advises clients on corporate governance matters, transactional and commercial contract negotiations, and corporate reorganizations.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/6/2025
    Presented
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Stockholders' Agreements for C & S Corps, Part 2

$75.00

Stockholders’ agreements can make or break a closely held company.  Voting control is allocated, distribution policies established, buy-sell mechanisms defined, and the relationship of the owners organized.  Most of the big decisions of a closely held company are made in the stockholders’ agreement. In the context of S Corporations, these agreements take on even more importance in the form of various restrictions to ensure the corporation does not lose its pass-through status for federal income tax purposes. This program will provide you with a guide to planning and drafting the most essential provisions of stockholders’ agreements for C and S corporations.    Day 1: Practical uses of stockholders’ agreements Management and voting rights – what events trigger a vote and by whom Economic rights – distributions, taxes, and liquidations Information rights – access to operational, financial and tax information   Day 2: Restrictions on transferability and mechanisms to buy/sell restricted stock Valuation methodologies for stock that does not have a liquid market Protective provisions for S Corps – preventing transfers to ineligible holders Provisions for approving the termination an S Corp election Close corporations and the ability to govern the company without a board of directors   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.  Molly Merritts is an attorney in the Washington, D.C. office of Venable, LLP, where she focuses her practice on a wide range of corporate law matters, including mergers and acquisitions, debt and equity financing, and real estate investment trusts. She also advises clients on corporate governance matters, transactional and commercial contract negotiations, and corporate reorganizations.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/7/2025
    Presented
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LIVE REPLAY: Common Area Maintenance, Insurance, and & Taxes Provisions in Commercial Leases

$75.00

Common area expenses (CAM) are part of virtually every office and retail lease. These expenses cover everything from parking lots and reception areas to common meeting spaces and restrooms.  In triple net leases, landlords seek to recover these expenses from tenants.  This can be a significant component of a tenant’s lease expense.The scope of CAM, caps or other limitations, and audit rights are highly negotiated. Landlords and lenders are often reluctant to give any concessions. This program will provide you with a practical guide to negotiating and drafting CAM provisions in commercial leases.   Scope of common area maintenance (CAM) expenses Relationship to minimum maintenance standards Treatment of taxes and insurance Differentiating operating v. capital expenses in CAM recovery Caps on CAM, fixed CAM, gross-up considerations Audit and information rights for CAM Understanding landlord, lender, and tenant motivations and concerns   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/10/2025
    Presented
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LIVE REPLAY: Lawyers Supervising Lawyers: Navigating Ethical Responsibilities

$75.00

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.   Mark A. Webster is a Senior Vice President with the Professional Services Practice at Aon. As a member of the group’s loss prevention team, Mark consults with Aon’s 275+ law firm clients on a wide range of professional responsibility and liability issues.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/12/2025
    Presented
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Buy/Sell Agreements: Crafting for Closely Held Companies, Part 1

$75.00

There is rarely a liquid market for the sale or exchange of ownership interests in closely-held companies.  Buy/sell agreements fix that problem by creating a market among the owners of a company, providing a mechanism for owners to liquidate their interests in a reliable manner. The owners may agree to buy and sell interests among themselves on the occurrence of certain events and using certain valuation metrics, or they may agree that the company itself will redeem an owner’s interest. Without these agreements, there is often no alternative for an owner to cash out, short of liquidating the company. This program will provide you with a practical guide to the different types of buy/sell agreements, drafting the essential provisions of each, and common negotiating and drafting tips.    Day 1:  Types of buy/sell agreements – cross-purchase among owners, entity redemption, and hybrid approaches  Most highly negotiated provisions of buy/sell agreements  Triggering events – voluntary sale, retirement, death, bankruptcy of shareholder or member  Valuation of interests – appraisals, formula clauses,comps, and dispute resolution  Rights of first offer v. rights of first refusal, and sales to third parties    Day 2:  Funding buy/sell arrangements  – payouts/earnouts over time, commercial borrowing, key-man insurance, other funding sources  Special issues involving S Corps and unincorporated entities  Drag-along and tag-along rights in buy/sell agreements  Major tax issues in buy/sell agreements for buyer, seller and the entity    Speaker:  Daniel G. Straga is counsel in the Washington, D.C. office of Venable, LLP, where he counsels companies on a wide variety of corporate and business matters across a range of industries. He advises clients on mergers and acquisitions, capital raising, venture capital, and governance matters.  He also have extensive experience in private equity and cross-border transactions. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/13/2025
    Presented
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Buy/Sell Agreements: Crafting for Closely Held Companies, Part 2

$75.00

There is rarely a liquid market for the sale or exchange of ownership interests in closely-held companies.  Buy/sell agreements fix that problem by creating a market among the owners of a company, providing a mechanism for owners to liquidate their interests in a reliable manner. The owners may agree to buy and sell interests among themselves on the occurrence of certain events and using certain valuation metrics, or they may agree that the company itself will redeem an owner’s interest. Without these agreements, there is often no alternative for an owner to cash out, short of liquidating the company. This program will provide you with a practical guide to the different types of buy/sell agreements, drafting the essential provisions of each, and common negotiating and drafting tips.    Day 1:  Types of buy/sell agreements – cross-purchase among owners, entity redemption, and hybrid approaches  Most highly negotiated provisions of buy/sell agreements  Triggering events – voluntary sale, retirement, death, bankruptcy of shareholder or member  Valuation of interests – appraisals, formula clauses,comps, and dispute resolution  Rights of first offer v. rights of first refusal, and sales to third parties    Day 2:  Funding buy/sell arrangements  – payouts/earnouts over time, commercial borrowing, key-man insurance, other funding sources  Special issues involving S Corps and unincorporated entities  Drag-along and tag-along rights in buy/sell agreements  Major tax issues in buy/sell agreements for buyer, seller and the entity    Speaker:  Daniel G. Straga is counsel in the Washington, D.C. office of Venable, LLP, where he counsels companies on a wide variety of corporate and business matters across a range of industries. He advises clients on mergers and acquisitions, capital raising, venture capital, and governance matters.  He also have extensive experience in private equity and cross-border transactions. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/14/2025
    Presented
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LIVE REPLAY: Ethics in Trust and Estate Practice

$75.00

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.   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.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/17/2025
    Presented
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LIVE REPLAY: Faith-Based Planning: Trust & Estate Strategies for Beliefs

$75.00

Every trust and estate plan reflects the values of the client.  These values are often rooted, consciously or not, in religious, philosophical or ethical belief systems.  Some clients choose to make these values explicit in their plans and documents.  This can be sensitive terrain for lawyers, not always familiar with integrating explicit religious, philosophical, and ethical statements into legal documents. Understanding the purposes of clients, advising clients about the real limits of what the law can accomplish or will allow, and drafting documents for these clients can be a major challenge.  This program will discuss advising clients about integrating religious, philosophical and ethical beliefs into their trust and estate plans.   Understanding and documenting client beliefs and the purposes they seek to achieve in trust and estate plans Counseling clients about what can be practically achieved and the limitations of law Anticipating possible post-mortem challenges and steps to enhance enforceability and mitigate litigation Practical guidance on drafting underlying legal or supplementary documents – and common traps   Speaker: Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/18/2025
    Presented
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The Privilege: Exactly What Communications Between Attorney and Client are Protected?

$75.00

Attorney-client privilege seems straightforward until you're faced with corporate clients, third-party communications, or discovery disputes that challenge its boundaries. This program cuts through the confusion with practical guidance on when privilege applies, how it can be waived, and what communications truly remain protected. Learn to safeguard confidential communications while avoiding privilege pitfalls that could expose sensitive client information.   Identify the precise scope and limitations of attorney-client privilege Understand privilege in corporate settings and multi-party representations Learn when third-party presence destroys or preserves privilege protection Master common privilege waiver scenarios and how to avoid them Develop strategies for asserting and protecting privilege in litigation   Speaker: Thomas E. Spahn is of counsel in the Tysons Corners, Virginia office of McGuireWoods, where he advises firm clients on professional responsibility issues and properly creating and preserving the attorney-client privilege and work product protections.  He has served on the ABA Standing Committee on Ethics and Professional Responsibility and is a Member of the American Law Institute and a Fellow of the American Bar Foundation.  He has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 2000 CLE programs throughout the U.S. and in several foreign countries.  Through links on his website biography, he has made available to the public his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 900 weekly email alerts about privilege and work product cases; and materials for 40 ethics programs on numerous topics, totaling over 9,000 pages of analysis.  Mr. Spahn graduated magna cum laude from Yale University and received his J.D. from Yale Law School. Mr. Spahn will serve as the discussion leader of today’s program.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/19/2025
    Presented
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LIVE REPLAY: Digital Legacy: Estate Planning for Digital Assets

$75.00

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   Speakers: Michael Sneeringer is a Partner 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 is an Executive Council member of the Real Property, Probate and Trust Law Section of the Florida Bar and the Articles editor, Trust and Estate, for Probate & Property Magazine. 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. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/20/2025
    Presented
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I Want Out, Too: Russian Roulette/Stand-off & Tag-along Rights in Business Transactions

$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. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/21/2025
    Presented
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LIVE REPLAY: Drafting Waivers of Conflicts of Interests

$75.00

A bedrock principle of lawyer ethics is that lawyers owe their clients loyalty, free of conflicts of interest – unless those conflicts are explicitly waived by a client in writing.  Clients are entitled to zealous representation without the lawyer being conflicted by other representations.  When a conflict arises, the lawyer is required to decline the representation causing the conflict or withdraw from an ongoing matter – unless the conflict is explicitly waived by the client.  But waivers are not always easily accomplished.  They must be carefully drafted – particularly when it purports to be of an anticipated conflict. This program will provide you with a real-world guide to the rules governing conflict waivers, types of waivers, and how to draft them to avoid future dispute and ethical sanction. Drafting effective waivers of conflicts of interest Key provisions of waivers and ensuring there is “informed” consent Advance waivers – drafting waivers for anticipated conflicts Types of advance waivers – stating subject area, adverse parties, neither or both Sources of rules and practical guidance on drafting waivers Common mistakes made in drafting waivers Consequences of ineffective waivers Speaker: William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. 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.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/24/2025
    Presented
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