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LIVE REPLAY: Ethical Issues for Small Law Firms: Technology, Paralegals, Remote Practice & 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 Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School. H. Michael Drumm is the founder and member of a Drumm Law, LLC in Denver, Colorado, where he has an extensive franchise, trademark and business transactional practice.  He works with franchisors across industries nationwide helping them draft, file and renew their franchise Disclosure Documents and franchise agreements.  He has a specialty representing craft breweries to help them trademark their brands and protect their intellectual property. He has been repeatedly honored by Franchise Times magazine as a “Legal Eagle” and has been designated by the International Franchise Association as a “Certified Franchise Executive.”  Mr. Drumm received his B.S.B.A. from the University of Missouri-Columbia and his J.D. from the University of Texas School of Law.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/8/2020
    Presented
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LIVE REPLAY: Retail Leases: Restructurings, Subleases, and Insolvency

$75.00

The cardinal goal of leasing is certainty.  Landlords and their lenders want stable, long-term tenants and reliable, predictable rent payments.  Tenants want stability and predictability, too.  So, when one of the parties becomes insolvent or goes bankrupt, those carefully laid financial and operational plans go awry and new costs enter the equation.  The crisis in the bricks-and-mortar retail industry has brought these issues into sharp relief again.  Landlords and tenants must grapple with what rights each have, how and when they may be asserted, and how they can preserve value in the lease.  Part of this is a function of what the lease, part is a function of what the law requires. This program will provide you with a real-world guide to planning for insolvency in commercial leases - and what to do after it's happened.    Drafting leases to mitigate losses in event of lessee default  Remedies for landlords on lessee default  Renegotiation strategies for distressed lessees  Bankruptcy issues in leasing   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  He speaks extensively on real estate topics nationally.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School. Dov V. Frankel is of counsel in the Cleveland office of Taft Stettinius & Hollister LLP, where he represents companies and individuals in bankruptcy and receivership proceedings, as well as out-of-court restructurings and workout matters.  He represents lenders, creditors, buyers and landlords across the country, including defense and adversarial proceedings.  He is also a contributing author to Norton’s Annual Survey of Bankruptcy Law and a member of the American Bankruptcy Institute.  Mr. Frankel earned his undergraduate degree from Ner Israel Rabbinical College and his J.D. from the University of Maryland School of Law.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/9/2020
    Presented
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LIVE REPLAY: Lawyer Ethics and Investigations for and of Clients

$75.00

  Investigations by lawyers are an essential element of most litigation.  Lawyers investigate the parties and the facts underlying the case through the use of third-party investigators, online searches, obtaining public records, seeking the production of electronic communications, including text messages, and much more.  Also, lawyers sometimes need to investigate their own clients – to assure themselves of the veracity of certain representations or when the lawyer suspects the client may be actively misleading the lawyer.  But these investigations are not unbounded.  Ethics rules limit what the lawyer can do and say, and how the work product of these investigations can be used.  This program will provide you with a practical guide to ethical issues when lawyers conduct investigations.  Duty of an attorney to investigate a case before filing a lawsuit “Pre-texting” – the ethics of deception  in investigations Ethical issues when a lawyer investigates a client – and when it is ethically required Conflicts of interest in investigations Ethical issues in social media and online searches – and obtaining text messages Use of third-party investigators Limitations on investigating members of a jury or jury pool Real world consequences when investigations go awry – discipline, sanctions, exclusion of evidence obtained Speakers: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, she practiced law in Washington DC and New York, focusing on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/10/2020
    Presented
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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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LIVE REPLAY: Just Between Us: Drafting Effective Confidentiality & Non-disclosure Agreements

$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.  Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.      

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/12/2020
    Presented
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LIVE REPLAY: Ethics in Negotiations – Boasts, Shading, and Impropriety

$75.00

Lawyers must be truthful.  Yet they must be zealous in the representation of their clients.  The tension between these two principles is perhaps never as great as when the lawyer is negotiating for a client.  The negotiation may be a settlement of litigation or in connection with a transaction. The lawyer may make statements about the law or fact – or simply refrain from making statements because the lawyer knows certain facts or legal precedent are adverse to his or her client’s interest.   Lawyers may also “puff” or boast, signaling that a negotiating stance is firmer than a client’s true positon or more substantively valid than the law can reasonably support.  At some point, the gray ethical line is tripped and what the lawyer does becomes improper. This program will provide you with a real world guide to ethical issues in lawyer negotiations.  Ethics and ethical drawing lines – what’s an acceptable level of deception in negotiations? Affirmative statements of fact, value or intent in settlements Silence about adverse law in negotiations Silence about facts unknown to an opponent or counter-party Silence about errors in settlement agreements or transactional documents Non-litigation work in another state – “temporary” practice Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School. Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, she practiced law in Washington DC and New York, focusing on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/15/2020
    Presented
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LIVE REPLAY: Ethics of Shared Law Offices, Working Remotely & Virtual Offices

$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.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School. H. Michael Drumm is the founder and member of Drumm Law, LLC in Denver, Colorado, where he has an extensive franchise, trademark and business transactional practice.  He works with franchisors across industries nationwide helping them draft, file and renew their franchise Disclosure Documents and franchise agreements.  He has a specialty representing craft breweries to help them trademark their brands and protect their intellectual property. He has been repeatedly honored by Franchise Times magazine as a “Legal Eagle” and has been designated by the International Franchise Association as a “Certified Franchise Executive.”  Mr. Drumm received his BSBA from the University of Missouri-Columbia and his J.D. from the University of Texas School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/16/2020
    Presented
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LIVE REPLAY: 2020 Ethics Update Part 1

$75.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attorney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice. Day 1: Ethics portable devices, the cloud, and always being plugged in Ethics and competence: What is competence in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2: Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/18/2020
    Presented
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LIVE REPLAY: 2020 Ethics Update Part 2

$75.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attorney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice. Day 1: Ethics portable devices, the cloud, and always being plugged in Ethics and competence: What is competence in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2: Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/19/2020
    Presented
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LIVE REPLAY: Talking About Wealth Transfer Plans: Practical Strategies to Avoid Disputes Among Beneficiaries

$75.00

Transferring wealth often unearths long-deferred issues that may complicate or even subvert the best laid trust and estate plan. 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 heirs, children of different marriages. Sometimes, too, there are children from a relationship that were previously unknown.  These and many other issues need to be identified and discussed before plans are formulated and documents drafted.  But they raising these issues is a very delicate business 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 unpopular choices with beneficiaries Anticipating visceral reactions and strategies to avoid estrangement and dispute How trustee choices may impact beneficiary reactions Talking about the real risks of costly, protracted and potentially ruinous litigation  Speakers: 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.  Mr. Daniels received his A.B., summa cum laude, from Dartmouth College and received his J.D., with honors, from Harvard Law School. Steven B. Malech is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm’s probate litigation practice group.  He is represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars. Mr. Malech received his B.A., with special honors, from the University of Texas and his J.D. from the Connecticut School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/17/2020
    Presented
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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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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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LIVE REPLAY: Buying Time: Options Contracts in Real Estate

$75.00

Options in commercial real estate transactions give the option holder more time to conduct due diligence, obtain financing and any necessary governmental approvals, and consider whether the transaction is truly viable.  The property owner, whose land is optioned, loses the right to sell the property to a third party for the duration of the option, but earns a fee for doing so.  In a world of complex and risky commercial real estate transactions, where time is often of the essence and risk is high, options allow developers, investors and others an effective mechanism to buy time and take a wait-and-see-approach.  This program will provide you with a practical guide to drafting essential provisions of options in commercial real estate transactions, including avoiding costly traps.  Negotiating and drafting most essential terms of option contracts in real estate transactions Economics of real estate option contracts, including the purchase price of the underlying property and market volatility Duration of exclusive period, fees, and extensions – and relationship to market conditions Nature of exclusive period – access to property, restrictions on marketing, cooperation in obtaining permits Role of contingencies – financing, regulatory, market variables Practical uses, traps, and alternatives to options  Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/24/2020
    Presented
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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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LIVE REPLAY: Due Diligence in Business Transactions

$75.00

Due diligence, often guided by lawyers, is essential to the success of major business transactions and poorly planned or conducted diligence contributes substantially to a failed transaction.  Diligence helps confirm essential assumptions about the value of a transaction and limit known and unknown liabilities. Diligence can also uncover the faulty assumptions and problem areas that can easily undermine a deal. There’s also a subtle relationship between the content of diligence and the time allowed to conduct it.  In certain deals, sellers have the upper hand and limit diligence, making the process about time allocation and risk management. This program will provide you with a practical guide to planning the diligence process, understanding the most areas of inquiry depending on the type of transaction, and review checklists. What to diligence, utilizing experts, and managing the process and time Checklists – what information do you need to get, from whom, and on what timeline? Hard assets v. soft assets – how to diligence the validity and title to each Contracts with suppliers and customers – ensuring stability and visibility of revenue Financial records and statements – what should attorneys look for? Legal structure of an acquisition target – validity and authorization Speaker: C. Ben Huber is a partner in the Denver office of Greenburg Traurig, LLP, where he has a broad transactional practice encompassing mergers and acquisitions, restructurings and reorganizations, corporate finance, capital markets, venture funds, commercial transactions and general corporate law.  He also has substantial experience as counsel to high tech, biotech and software companies in the development, protection and licensing of intellectual property.  His clients include start-up companies, family- and other closely-held businesses, middle market business, Fortune 500 companies, venture funds and institutional investors.  Mr. Huber earned his B.A. from the University of Colorado and his J.D. at the University of Colorado Law School.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/26/2020
    Presented
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Course1

LIVE REPLAY: Ethics and Dishonest Clients

$75.00

One of the dangers of practicing law is that, now and again, you have a dishonest client.  Your client may be misleading you – and others – about the facts of their case, either through silence or affirmative misstatements. Or they may be telling you one thing and other people something else.  You may discover proof of the dishonesty or just suspect it. Client dishonesty raises many ethical issues.  What must you do to ensure your client is telling you the truth?  What if you discover a client is lying to a court or tribunal?  Are you allowed to disclose the dishonesty despite the duty of client confidentiality?  Are there degrees of client dishonesty – some acceptable, others not?  This program will provide you with a guide to the substantial ethical issues when client dishonesty is discovered or suspected.  Tension between the duty of confidentiality and the duty to be honest in communications Determining whether a client is lying – active v. passive, fact v. opinion, affirmative statements v. silence Unknowing attorney representations to others on basis of client dishonesty Duties of disclosure and to whom – the tribunal, third parties? Mandatory and permissive withdrawals from a case, including “noisy” withdrawals Ethical issues when dishonesty is discovered in closed matters Speakers: Brian S. Faughnan is special counsel in the Memphis office of Lewis Thomason, PC, where he represents clients in a wide variety of matters at the trial level and on appeal.  He counsels lawyers and law firms on a wide variety of issues surrounding legal ethics and professional responsibility. He is the chair of the Tennessee Bar Association’s Standing Committee on Ethics and Professional Responsibility, a reporter for the committee’s rules revision project, a member of the Association of Professional Responsibility Lawyers, and a member of the Media Law Resource Center’s Ethics Committee. Mr. Faughnan received his B.A. from Rhodes College and his J.D., magna cum laude, from the University of Memphis School of Law.  William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/29/2020
    Presented
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Course1

LIVE REPLAY: Ethics in Discovery Practice

$75.00

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

  • Teleseminar
    Format
  • 60
    Minutes
  • 6/30/2020
    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:

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

Percentage Rent Leases in Commercial Real Estate

$75.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/8/2020
    Presented
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Course1

Secured Transactions Practice: Security Agreements to Foreclosures, Part 2

$75.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/24/2020
    Presented
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Course1

Secured Transactions Practice: Security Agreements to Foreclosures, Part 1

$75.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/23/2020
    Presented
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Course1

Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 2

$75.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/28/2020
    Presented
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Course1

Construction Contracts: Drafting Issues, Spotting Red Flags and Allocating Risk, Part 1

$75.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/27/2020
    Presented
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Course1

Joint Ventures in Real Estate, Part 2

$75.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/14/2020
    Presented
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Course1

Joint Ventures in Real Estate, Part 1

$75.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/13/2020
    Presented
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Course1

The Ins-and-Out of Licensing Technology, Part 2

$75.00

To Be Determined

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

The Ins-and-Out of Licensing Technology, Part 1

$75.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/6/2020
    Presented
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Course1

Parking: Special Issues in Commercial Leases

$75.00

To Be Determined

  • Teleseminar
    Format
  • 60
    Minutes
  • 9/22/2020
    Presented
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Course1

LIVE REPLAY: Raising Capital: Private Placements Agreements for Closely Held Companies, Part 2

$75.00

Private placement of equity and debt is essential to financing the growth and development of businesses of every size.  Whenever a client issue stock or other ownership interests in a C Corp S Corp or LLC they are subject to a complex network of federal and state securities regulations.  This program will provide you with a practical guide to the fundamentals of private placements including the types of private placements the dollar amount and investor limitations on each type of private placement under securities law drafting the relevant documents and practical tips on accessing the capital market and for successful placements.

  • Teleseminar
    Format
  • 60
    Minutes
  • 9/4/2020
    Presented
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Course1

LIVE REPLAY: Raising Capital: Private Placements Agreements for Closely Held Companies, Part 1

$75.00

Private placement of equity and debt is essential to financing the growth and development of businesses of every size.  Whenever a client issue stock or other ownership interests in a C Corp S Corp or LLC they are subject to a complex network of federal and state securities regulations.  This program will provide you with a practical guide to the fundamentals of private placements including the types of private placements the dollar amount and investor limitations on each type of private placement under securities law drafting the relevant documents and practical tips on accessing the capital market and for successful placements.

  • Teleseminar
    Format
  • 60
    Minutes
  • 9/3/2020
    Presented
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