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LIVE REPLAY: Professionalism for the Ethical Lawyer

$75.00

Ethics rules, the principles of professionalism, and sanctionable conduct are interrelated.  Lawyers have a duty to zealously represent their clients, but they do not have a duty to engage in offensive conduct that may be desired by clients. Lawyers have duties of confidentiality and honesty, but those duties do not always require pressing every advantage, such as when the lawyer knows that opposing counsel has made a material drafting error in a transactional document. In these and many other scenarios, ethics rules, professionalism, and potentially sanctionable conduct subtly interact.  This program will provide you with a practical guide to professionalism for the ethical lawyer.    Interrelationship of ethics rules, professionalism, and sanctions Zealous representation v. needlessly embarrassing an adversary or third-party Reacting to an adversary’s drafting errors in transactional documents Ethics, professionalism, and inadvertent transmission of communications Duty to supervise and train subordinate lawyers and staff, including to ensure courtesy to clients, opposing counsel, and courts Offering candid advice to clients and withdrawal when they demand offensive conduct Avoiding discrimination and bigotry   Speaker: Thomas E. Spahn is a partner 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 1,800 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.

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/5/2022
    Presented
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Buying, Selling and Exchanging Partnership and LLC Interests

$75.00

As LLCs have become the default choice of entity for most businesses, sales and exchanges of LLC membership interests are commonplace. Despite the frequency of sales and exchanges, exactly what rights of the seller the buyer succeeds to is often mistaken and these mistakes can lead to dispute and litigation. By default, transferees succeed only to the economic interests of the transferor. They do not succeed to the transferor’s governance rights. If governance rights are part of the underlying bargain, the consent of the LLC’s other members generally must be sought.  This program will provide you with a practical guide to drafting and planning for the sale and exchange of LLC interests.   Selling/exchanging LLC and partnership interests and effective alternatives Succession to economic rights of seller v. management and information rights Tax consequences to the entity and buyers/sellers in sales/exchanges of entity interests Disguised sales of LLC/partnership interests – and techniques to avoid adverse tax impact Constructive terminations and their adverse tax consequences Distributions and other alternative to sales and exchanges of LLC/partnership interests   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
  • 12/6/2022
    Presented
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Rights of First Offer, First Refusal in Real Estate

$75.00

Rights of first refusal and rights of first offer are frequently used in commercial real estate transactions, establishing rights to acquire property from a seller before it hits the market.  The practical effect of these tools is often to exert downward pressure on the price of the property and hamper development of a third-party market.  Rights of first refusal can help hasten a deal among buyers and sellers or landlords and tenants, thereby reducing costs, or they can be a costly waste of time. There are many subtle differences between rights of first refusal and rights of first offer, each with subtle tradeoffs for counter-parties that must be considered in context of a particular transaction.  This program will provide you with a practical guide to drafting rights of first refusal and rights of first offer in real estate.   How rights of first refusal and rights of first offer work in real estate transactions Real-world costs, tradeoffs and risks of each type of right – and drafting tips and traps Best circumstances in which these mechanisms are used in property acquisitions, sales, and leasing How rights of refusal depress prices &limiting third party interest in the property – and how to mitigate Practical strategies for buyers and sellers, landlords and tenants when negotiating these rights   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/7/2022
    Presented
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Ethics of Beginning and Ending Client Relationships

$75.00

Substantial ethics issues flow from the moment an attorney-client relationship is formed, whether it is formed intentionally or through inadvertence.  Determining when a relationship commences and the scope of the representation has dramatic implications for issues related to confidentiality, conflicts of interest, the attorney-client privilege and more. Ending an engagement is nearly as complicated. When are you allowed to end an engagement?  And how must you go about it without prejudicing a client’s interest in a transaction or in litigation? This program will you provide a real-world guide the ethical issues of beginning and ending an attorney client relationship.   Determining when and how a relationship starts – including through inadvertence Email and technology issues – how unsolicited communications may trigger ethical obligations Joint representation issues – unsorting the confidentiality and privilege issues End a relationship – when are you allowed to end an engagement?  How do you do it ethically? Circumstances when you might be required to end a relationship   Speaker: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, her practice focused on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Rules of Professional Conduct Rules Review Committee.  She is the immediate past chair of the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/8/2022
    Presented
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Selection and Preparation of Expert Witnesses in Litigation

$75.00

Experts play a vitally important role in civil litigation, whether they act as consulting experts or also as testifying experts.  The complexity of modern litigation has substantially increased the pressure on attorneys to carefully evaluate the suitability of experts for a particular case and prepare them for testimony. Approaching, evaluating and preparing witnesses, however, is as much an art as science or database search.  Furthermore, once an expert is selected, there are substantial risks surrounding discovery and preserving the attorney-client privilege.  This program will provide you with a practical guide to selecting and preparing experts in civil litigation.   How to find the right expert witness and common traps Evaluating the suitability of experts for your case Consulting v. testifying experts Approaching and retaining experts Preparing witnesses for testimony in a specific case Practical tips on the best/worst uses of particular types of expertise in litigation Discovery issues and preserving the attorney-client privilege   Speaker: 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
  • 12/9/2022
    Presented
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Piercing the Entity Veil: Individual Liability for Business Acts

$75.00

One of the bedrock principles of business law is limited liability. The individual owners of an entity – shareholders of a corporation or members of a limited liability company – cannot be held personally liable for the debts or liabilities of the entity.  But the doctrine is not absolute.  There are many common law fact patterns that allow courts to pierce the entity veil – co-mingling of funds, using an entity as an alter ego, among others – and reach an individual person’s assets. There are also several sources of statutory authority allowing veil piercing. This program will provide you with a practical guide to common law, equitable, and statutory theories of piercing entity veils.   Statutory and equitable principles to pierce the entity veil Fact pattern justifying piercing limited liability to reach an owner’s personal assets Statutory sources permitting breaching the entity veil Application of veil piercing to non-corporate entities Liability for improper distributions Piercing for withheld income and employment taxes, and sales/use taxes   Speakers: Allen Sparkman is a partner in the Houston and Denver offices of Sparkman Foote, LLP.  He has practiced law for over forty years in the areas of estate, tax, business, insurance, asset protection, and charitable giving.  He has written and lectured extensively on choice-of-entity, charitable giving and estate planning topics.  He is the Colorado reporter for the books "State Limited Partnership Laws" and "State Limited Liability Company Laws," both published by Aspen Law & Business.  He has also served as president of the Rocky Mountain Estate Planning Council.  Mr. Sparkman received his A.B. with honors from Princeton University and his J.D. with high honors from the University of Texas School of Law

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/12/2022
    Presented
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Letters of Intent in Business Transactions

$75.00

Letters of intent frame the material terms of business and commercial transactions.  They outline with considerable detail the substantive terms of the underlying agreement – price, reps and warranties, closing conditions, etc. They also provide a process by which a definitive underlying agreement will be finalized. But they are not, generally, intended to be definitive agreements themselves; not enforceable, only a substantial starting point. There is, however, a certain point at which the detail in these letters becomes so extensive that they become enforceable.  This program will provide you with a practical guide to the most important substantive and process aspects of letters of intent, their uses and traps, including unexpected enforceability.   Drafting effective letters of intent in transactions Purposes of letters, timing, relationship to diligence, exclusivity Substantive  terms v. process terms Indemnity, hold back and limitation of liability provisions Termination of a letter and survival of certain provisions Understanding the point at which letters of intent may become enforceable   Speaker: Stephanie Molyneaux is an attorney in the Washington, D.C. office of Venable, LLP, where she assists clients with a wide variety of transactional matters.  Her experience includes mergers and acquisitions, corporate governance, contractual agreements, technology transactions, licensing, and intellectual property transactions.  Ms. Molyneaux received her B.A., with distinction, from American University of Beirut and her J.D., magna cum laude, from the University of Richmond School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/13/2022
    Presented
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LIVE REPLAY: 2022 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 attoarney-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 and technology: A Potpourri Ethics, competence, and AI: What are competence and the unauthorized practice of law 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
  • 12/14/2022
    Presented
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Course1

LIVE REPLAY: 2022 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 attoarney-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 and technology: A Potpourri Ethics, competence, and AI: What are competence and the unauthorized practice of law 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
  • 12/15/2022
    Presented
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The Art and Science of Conditional Gifts in Estate Planning

$75.00

In formulating their trust and estate plans, clients often want to set up benchmarks of achievement before distributions or gifts are made. These benchmarks often involve educational attainment – i.e., that a child obtain a college degree by a certain.  But they may involve more difficult to measure benchmarks or life goals that are arguably not appropriate – i.e., that a child marry or have children of their own by a certain age.  Conditional gifts can easily lead to resentments among beneficiaries, questionable enforceability, disputes, and fiduciary litigation.  This program will provide you with a practical guide to conditional gifting using incentive trusts and other mechanisms, and counseling clients about the real limits and risks of conditional gifting.   Conditional gifting using incentive trusts and other mechanisms Establishing objectively measurable conditions for gifts or distributions Types of conditions or benchmarks – education, life goals, etc. What’s enforceable, what’s not – counseling clients about limits Choosing the right fiduciaries to administer conditional gifts/incentive trusts   Speaker: Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/16/2022
    Presented
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REPLAY: Diversity, Equity & Inclusion in Law Practice

$75.00

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

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/19/2022
    Presented
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Course1

Guarantees in Real Estate Transactions

$75.00

Guarantees undergird most real estate transactions.  Lenders, investors and others are often unwilling or unable to finance or otherwise support a real estate transaction without certain substantial guarantees.  These guarantees may concern repayment of loan proceeds or performance of other services – construction, maintenance and waste prevention, environmental indemnity, etc.  The scope of guarantees is highly negotiated, particularly whether the guarantee is recourse or non-recourse and the scope of carve-outs from the guarantees. This program will provide you with a practical guide to negotiating and drafting guarantees in real estate transactions.    Types of guarantees – payment, performance, collection, completion Essential elements of a guarantee – consideration, scope, carve-outs, waivers Guarantees for property maintenance/no waste, environmental indemnity and other non-financial concerns Carve-outs – full v. partial, fraud, misappropriation, misapplication, failure to maintain, insurance, and more Guarantees of construction loans   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/20/2022
    Presented
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Course1

Drafting Indemnity Agreements in Business and Commercial Transactions

$75.00

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

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/21/2022
    Presented
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Course1

LIVE REPLAY: Ethics in Negotiations – Boasts, Shading, and Impropriety

$75.00

Lawyers must always be truthful in their representations. Yet they must be zealous in representing clients. The tension between these two principles is perhaps never as great as when the lawyer is negotiating for a client. 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 a client’s interest.   Lawyers may also boast, signaling that a client’s position is stronger than is, in fact, the case. Navigating these gray lines is the difference between ethical representation and impropriety. This program will provide you with a guide to ethical issues in negotiations.    Truthful representations v. zealous representations? 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: 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
  • 12/22/2022
    Presented
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Course1

LIVE REPLAY: My Client's Commercial Real Estate Mortgage is Due, Now What?

$75.00

When a commercial real estate loan comes due, there are, generally, three alternatives for clients: refinance the loan, if possible; sell the property, if possible; or restructure the development’s capital structure, perhaps with more equity. There are complex tradeoffs with each.  Renegotiating an extending a loan is time-consuming, even when lenders are willing, and potentially very costly. Selling a project in a frothy market is a possibility, but not universally, and may trigger adverse tax consequences. Most murky of all is restructuring the capital structure of project. This program will provide you with a practical guide to the issues of working with clients when their commercial real estate loans come due.   Alternatives when a commercial real estate mortgage comes due Exploration of refinance options in an environment ofvolatile interest rates Role of preferred equity, mezzanine loans, and second mortgages Alternative of selling into a strong market Counseling clients about refinance in a time of certainty   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
  • 12/23/2022
    Presented
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LIVE REPLAY: Ethics and Virtual Law Offices

$75.00

Technology allows lawyers far more flexibility to practice law virtually – from home or in shared settings – than ever before.  No longer must they maintain freestanding offices, support staff, and libraries. Lawyers can set-up offices in their homes, communicate with clients, adversaries and the courts electronically, outsource overflow work to co-counsel or vendors, and establish web sites that can reach potential clients. These “virtual” practices are increasingly commonplace, but the relative ease with which they are established obscures many significant ethical issues. This program will provide you with a practical guide to significant issues when lawyers and law firms establish “virtual” law practices.   Disclosure to clients of the virtual character of a law practice Electronic communications, confidentiality, and ethical risks in virtual practices Ethical issues when lawyers share office space or other resources but practice separately How Web sites and a “virtual” presence implicate multijurisdictional practice issues Outsourcing work to vendors or co-counsel, and ensuring its competently performed Requirements and risks when offering legal advice across state lines Duty to understand law office technology as a duty of competence   Speakers: 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. 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
  • 12/27/2022
    Presented
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Course1

LIVE REPLAY: Lawyer Ethics and Email

$75.00

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

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/28/2022
    Presented
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LIVE REPLAY: Ethics and Conflicts with Clients, Part 1

$75.00

Despite best efforts, lawyers may develop ethical conflicts with their clients.  Sometimes these conflicts may initially seem like positive developments. The lawyer may seek to buy into a client’s business enterprise or participate in a transaction, be offered a gift by a client, or even develop a romantic relationship with a client.  But these and many others come with substantial ethical issues.  Sometimes these conflicts may be more immediately problematic, as when a lawyer leaves a law firm and wants to take his or her clients to the new firm, or when a client refuses to pay legal fees, or worse, as when the lawyer has a duty to disclose certain acts of his or her own malpractice.  This program will provide you with a real world guide to lawyer conflicts with their clients and how to avoid or resolve them. Day 1: Gifts – can lawyers accept from clients? Business – can lawyers go into business with a client? Departure – can lawyers take their clients to a firm? Former clients – what duties does a lawyer have? Day 2: Dishonest clients – what must you do? Lawyers as witnesses – how do you handle the conflict and privilege issues? Clients with diminished capacity – from whom do you take instructions?  What are the other issues? Settlements – what if a client’s tactics are improper? Malpractice – do you have a duty to disclose?   Speakers: 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
  • 12/29/2022
    Presented
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LIVE REPLAY: Ethics and Conflicts with Clients, Part 2

$75.00

Despite best efforts, lawyers may develop ethical conflicts with their clients.  Sometimes these conflicts may initially seem like positive developments. The lawyer may seek to buy into a client’s business enterprise or participate in a transaction, be offered a gift by a client, or even develop a romantic relationship with a client.  But these and many others come with substantial ethical issues.  Sometimes these conflicts may be more immediately problematic, as when a lawyer leaves a law firm and wants to take his or her clients to the new firm, or when a client refuses to pay legal fees, or worse, as when the lawyer has a duty to disclose certain acts of his or her own malpractice.  This program will provide you with a real world guide to lawyer conflicts with their clients and how to avoid or resolve them. Day 1: Gifts – can lawyers accept from clients? Business – can lawyers go into business with a client? Departure – can lawyers take their clients to a firm? Former clients – what duties does a lawyer have? Day 2: Dishonest clients – what must you do? Lawyers as witnesses – how do you handle the conflict and privilege issues? Clients with diminished capacity – from whom do you take instructions?  What are the other issues? Settlements – what if a client’s tactics are improper? Malpractice – do you have a duty to disclose?   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. 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
  • 12/30/2022
    Presented
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LIVE REPLAY: Choice of Entity for Nonprofits & Obtaining Tax Exempt Status, Part 1

$75.00

Counseling a client about choice of entity for a nonprofit or charitable enterprise is a multilayered process.  First, clients need to understand that not all nonprofits are charities. Even if the enterprise is nonprofit and charitable in nature that does not necessarily mean the enterprise is eligible for tax-exempt status. Once these distinctions are made, attorneys need to counsel clients about the subtle advantages and disadvantages of four major types of entities, all formed under state law. Second, there is the distinct issue of how that entity is classified for federal tax purposes. Each classification comes with its own subtle tradeoffs.  This program will provide you with a practical guide to non-profit choice of entity and obtaining tax-exempt status.    Day 1 – August 30, 2022: Framework of major choice of entity considerations for nonprofit and charitable organizations – corporations, LLCs and trusts Private foundations v. public charities – tradeoffs, costs, compliance Restrictions on the activities and investments of each type of entity, including joint ventures with profit-making organizations   Day 2 – August 31, 2022: Considerations involving joint ventures between for-profit and non-profit entities Practical Process of obtaining tax-exempt status – eligibility, timelines, and costs Counseling clients about ongoing compliance reporting   Speaker: Michael Lehmann is a partner in the New York office of Dechert, LLP, where he specializes in tax issues related to non-profits and in the tax treatment of cross-border transactions.  He advises hospitals and other health care providers, research organizations, low-income housing developers, trade associations, private foundations and arts organizations.He advises clients on obtaining and maintaining tax-exempt status, executive compensation, reorganizations and joint ventures, acquisitions, and unrelated business income planning.Mr. Lehmann received his A.B., magna cum laude, from Brown University, his J.D. from Columbia Law School, and his LL.M. from New York University School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/3/2023
    Presented
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LIVE REPLAY: Choice of Entity for Nonprofits & Obtaining Tax Exempt Status, Part 2

$75.00

Counseling a client about choice of entity for a nonprofit or charitable enterprise is a multilayered process.  First, clients need to understand that not all nonprofits are charities. Even if the enterprise is nonprofit and charitable in nature that does not necessarily mean the enterprise is eligible for tax-exempt status. Once these distinctions are made, attorneys need to counsel clients about the subtle advantages and disadvantages of four major types of entities, all formed under state law. Second, there is the distinct issue of how that entity is classified for federal tax purposes. Each classification comes with its own subtle tradeoffs.  This program will provide you with a practical guide to non-profit choice of entity and obtaining tax-exempt status.    Day 1 – August 30, 2022: Framework of major choice of entity considerations for nonprofit and charitable organizations – corporations, LLCs and trusts Private foundations v. public charities – tradeoffs, costs, compliance Restrictions on the activities and investments of each type of entity, including joint ventures with profit-making organizations   Day 2 – August 31, 2022: Considerations involving joint ventures between for-profit and non-profit entities Practical Process of obtaining tax-exempt status – eligibility, timelines, and costs Counseling clients about ongoing compliance reporting   Speaker: Michael Lehmann is a partner in the New York office of Dechert, LLP, where he specializes in tax issues related to non-profits and in the tax treatment of cross-border transactions.  He advises hospitals and other health care providers, research organizations, low-income housing developers, trade associations, private foundations and arts organizations.He advises clients on obtaining and maintaining tax-exempt status, executive compensation, reorganizations and joint ventures, acquisitions, and unrelated business income planning.Mr. Lehmann received his A.B., magna cum laude, from Brown University, his J.D. from Columbia Law School, and his LL.M. from New York University School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/4/2023
    Presented
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2023 Uniform Commercial Code/Commercial Law Update

$75.00

  The overlapping articles of the UCC impact most business, commercial and real estate transactions.  From the perfection of security interests to the enforceability of promissory notes and investment contracts to equipment leases and the sale of goods, the UCC plays a role in most significant transactions. This program, led by one of the nation’s leading authorities on the UCC, will provide you with a wide-ranging discussion of developments under the many articles of the UCC, including secured transactions, investment notes, sales, and equipment leasing.   Recent UCC developments for transactional attorneys Developments impacting commercial, business and real estate transactions UCC Article 9, asset-based transactions and secured transactions Sales of goods contracts Equipment leases, including computer equipment and capital equipment Notes, guarantees and letters of credit   Speaker: Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property.  He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities.  Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee.  Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/6/2023
    Presented
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LIVE REPLAY: Percentage Rent Leases in Commercial Real Estate

$75.00

Percentage rent is used in retail leases where the landlord has bargaining power to demand a share of the tenant’s economic gains.  Demand for retail space may be high or a landlord’s specific location may be particularly attractive such that the tenant is willing to pay not only a fixed amount of rent but a share of its gross revenue.  These types of leases require a sophisticated understanding of the underlying economics of tenant’s business. These leases also require very careful drafting. How is gross revenue defined?  Is there a minimum amount or a maximum amount?  How are these numbers verified?  And what are all the related protections for the landlord or the tenant?  This program will provide you with a practical guide to negotiating and drafting percentage leases.   Circumstances where percentage rent is commonly seen Economics of percentage rent – landlord and tenant perspectives Defining key terms – “gross sales,” exclusions, percent of rent Determining thresholds – minimum rent, sliding scales Financial reporting and audit rights Important related provisions – non-competition, continuous use, payment terms   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.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/9/2023
    Presented
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Ethical Issues When Representing the Elderly

$75.00

Many ethical issues arise when lawyers represent elderly clients.  Foremost among these issues is determining whether a client has the capacity to make valid decisions – and if not, then what? There are many conflict of interest issues, including whether direction is taken from the elderly person or another person (often an adult child) who is paying for the representation. There are also issues involving the exercise of undue influence by a caregiver or other person, including the validity of gifts to that person. Issues of preserving confidentiality and the attorney-client privilege when meetings are held in the presence of children or caregivers are also very important. This program will provide you with a practical guide to the most important ethical issues when lawyers represent elderly clients.   Determining whether your elderly client has capacity – and identifying your client Practical alternatives if you determine a client doesn’t have capacity Conflicts of interest between the elderly client and the person paying for the representation, including the validity of gifts Preserving confidentiality and the attorney-client privilege when a caregiver or third party is in client meetings Clients who lose capacity during a continuing representation Ethical issues involved with undue influence over the elderly – what should you do? Elder abuse issues – how to spot it and what to do if you discover it   Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School. Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/10/2023
    Presented
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Capital Calls – Agreements to Contribute More Capital Over Time

$75.00

Many companies need additional capital to fund current operations and fuel growth.  When raising capital, these companies often look first to their existing investor base. The company may build into its operative documents – shareholder agreements, operating agreements, even its articles of incorporation or organization – a plan whereby the company can “call” on existing investors to contribute additional capital. There are various mechanisms for achieving these types of “capital calls” and adjusting the ownership interests and other rights of incumbent investors who do not contribute additional capital. This program will provide you a practical guide to planning capital calls in closely held businesses, including how to adjust the financial and governance rights of the company’s owners.   Advantages/disadvantages of requiring capital from existing investor base over time Forms of follow-on contributions – pro-rata and other structures Readjustment of stake in company when certain investors do not participate – dilution issues Voting, informational and related issues on the contribution of additional capital Obtaining additional capital from investors beyond the original Counseling clients about potential investor group disputes   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
  • 1/11/2023
    Presented
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LIVE REPLAY: 2022 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: Patrick F. Martin is a partner in the Miami office of Greenburg Traurig, LLP, where he has a national employment law practice. He represents employers of all sizes before state and federal courts, as well as administrative agencies such as the Department of Labor, the Equal Employment Opportunity Commission and the Florida Commission on Human Relations. He regularly litigates cases involving wrongful termination, employment discrimination, workplace harassment, public accommodation, wage and hour matters, and employee disability and leave issues. He also advises employers on preventive strategies to minimize potential litigation and assists in the development of policies to promote constructive employee relations. Mr. Martin earned his B.A. from the University of Virginia and his J.D. from Florida State University College of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/12/2023
    Presented
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Drafting Liquidated Damages Clauses

$75.00

Liquidated damages clauses are a risk allocation tool used across business, commercial, real estate and sometimes employment agreements.  On the occurrence of certain carefully defined triggering events, the breaching party is liable for the liquidated damages amount.  Triggering events run the gamut from failure to deliver marketable products on a timely basis to early termination of an employment contract. Though these clauses are intended reduce the risk of post-closing litigation over damages, the scope of damages is not always knowable at closing and poorly drafted clauses may cause more litigation. This program will provide you a real world guide to the essential elements of enforceable liquidated damages clauses.   Law governing liquidated damages clauses Elements of clauses – damages difficult to quantify and liquidated amount reasonably related to actual damages Guidance on optionality, specificity, self-justification, and triggers Circumstances in which clauses are most effectively used – and those where they are ineffective Practical tips of enhancing enforceability and collecting damages   Speaker: Shannon M. Bell is a member with Kelly & Walker, LLC, where has 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 office liability, piercing the corporate veil, and derivate 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
  • 1/13/2023
    Presented
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Trust and Estate Planning Issues in Divorce

$75.00

  Martial separation and divorce are times fraught with emotion, but also fraught with financial decisions that have a major estate, trust and tax implications.  Transfers pursuant to divorce are generally tax-deferred.  But there are many complications, including the transfer of property over time or where the value may not be known, the assumption of debts, the treatment of income held in trust, and also complex issues of beneficiary designations in retirement plans and insurance contracts. If not properly planned, these transfers can have substantially adverse and often unanticipated consequences.  Thus program will cover major issues in trust and estate planning for divorce.   Treatment of income from and property held in trust on divorce Traps surrounding beneficiary designations on retirement benefits and insurance contracts Opportunities for post-nuptial agreements to resolve lingering disputes Issues related to the sale or transfer of personal residences Income tax issues when property and debt are separated in divorce Health care issues for children, including insurance for the divorcing spouse Educational expenses for children over time   Speakers: Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.  Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/17/2023
    Presented
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2023 Americans with Disabilities Act Update

$75.00

This program will provide you with a comprehensive update of important developments related to the Americans with Disabilities Act.  The program will cover case law, administrative, and practical developments related to reasonable accommodation of disabilities in the workplace.  The panel will also discuss developments related to permissible job qualification standards, determining essential job functions, and judging the workplace performance of employees subject to the ADA. This program will provide you with a wide-ranging and practical review of important ADA developments.     Review of recent case law and regulatory developments Developments in job qualification standards Reasonable accommodation trends, including EEOC’s guidance Developments related to reassignment to another job category Trends in the interactive process    Speaker: Jeanne Goldberg is a Senior Attorney Advisor in the Office of Legal Counsel at the U.S. Equal Employment Opportunity Commission headquarters in Washington, D.C. She advises the Commission on the interpretation of Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, among other federal statutes.  Prior to joining the EEOC, Ms. Goldberg was in private law practice specializing in civil rights litigation and argued EEO cases before the U.S. Courts of Appeals for the Fourth and D.C. Circuits.  She has also served as an adjunct law professor at the College and Mary.  Ms. Goldberg earned her B.A. from Northwestern University and her J.D. from George Washington University. 

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/18/2023
    Presented
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1031 Like-Kind Exchanges in Trust and Estate Planning

$75.00

For clients with significant real estate portfolios in their estates, Section 1031 like-kind exchanges can be a very effective tool for deferring gain. Recent tax legislation has scrambled familiar tax, economic, and practical considerations for making a like-kind exchange, in some circumstances making these techniques more attractive than before, but in others (incoming producing property) less attractive.  There are also substantial real estate law traps in like-kind exchanges.  This program will provide you with a practitioner’s guide to using new like-kind exchange rules in trust and estate planning.    Trust and estate planning opportunities using Section 1031 like-kind exchanges How the 2017 tax law changed conventional considerations of using like-kind exchanges Review of major non-estate tax issues for estate planners when using like-kind exchanges Circumstances when it no long makes sense to use like-kind exchanges for income-producing party Real estate traps when using like-kind exchanges in trust planning   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School. Susan Wheatley is a partner in the Cincinnati office of Taft Stettinius & Hollister LLP and chair of its trust and estate planning practice. Her practice focuses on advising clients on their estate and business succession planning.  She also advises clients about sophisticated charitable and gifting giving strategies. She is a Fellow of the American College of Trust and Estate Counsel and an adjunct professor of law at the University of Cincinnati College of Law.  Ms.Wheatley earned her B.A. at Yale University and her J.D. from Northwestern University School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 1/19/2023
    Presented
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