Case Law Telephone Seminars

Sales and Use Taxation of Internet Sales: The Evolving Case Law BenefitsWith growing budget deficits, many states are taking increasingly aggressive positions in an attempt to impose sales and use tax obligations on internet transactions. Internet sellers face a murky and sometimes ill-defined landscape with respect to sales and use taxes that are impacted by both state law and federal constitutional principles. By exploring the growing body of judicial  more...

Assessing a Client's Risk for Violence BenefitsInstitutions such as hospitals, law enforcement agencies, correctional facilities, and courts are frequently faced with the question of whether and under what circumstances an individual should be released to the community when the person has some history of violence toward others. There is often a dilemma of balancing risk to the public with respecting the civil rights of an individual  more...

Electronic Contracts: Best Practices and Legal Implications BenefitsThe legal landscape affecting the enforceability and proper use of electronic contracts continues to change. While such contracts are now widely used, certain issues remain unsettled, including unilateral modification of contracts and attribution of electronic signatures to a particular user for enforceability issues. Jason Epstein and William Norton will provide solutions to some of these  more...

Daubert Motions: Challenging Expert Opinions BenefitsSince the U.S. Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals in 1993, the federal law governing expert testimony has undergone a radical transformation. The courts of most states have also now adopted Daubert to some extent. Every litigator needs to understand the impact of Daubert and its progeny. Used properly, Daubert can be a powerful tool for excluding expert evidence.  more...

Intentionally Defective Grantor Trusts ...al how-to-do-it instruction as opposed to a recitation of case law in the area. The speaker will concentrate on when to use this technique, how to design these trusts, and their place in comparison to other estate planning tools. You will become well versed in this important estate planning area. This live audio conference is designed for attorneys, estate planners, accountants, presidents,  more...

UCC Article 9 Update ...ially changed the law. Now, with years of experience, the case law is developing, and practitioners are beginning to identify issues not contemplated by the original drafting committee. As a result, a Joint Review Committee was formed and has recommended changes to Article 9 that are expected to be approved this summer. In addition to learning about the proposed changes we will review  more...

Medicare Secondary Payer Act: Protecting Medicare's Interest In Insurance Settlements BenefitsPursuant to 42 USC Section 1395y(b)(2), commonly known as the Medicare Secondary Payer Act, Medicare may not make payment for medical benefits where payment has been made or can reasonably be expected to be made under a workers' compensation law or plan of the United States or a state, or under an automobile or liability insurance policy or plan (including a self-insured plan), or under no  more...

Insurance Coverage Disputes and Construction Defects ...ge, both first and third-party. Receive updates on recent case law regarding these issues and information about new insurance products also potentially applicable. The subject matter should provide benefits to those looking for an introduction to, or update on this subject matter, or those looking for insights based on recent practice experience. Learning Objectives - You will be able to  more...

Insurance Coverage Disputes and Construction Defects ...ge, both first and third-party. Receive updates on recent case law regarding these issues and information about new insurance products also potentially applicable. The subject matter should provide benefits to those looking for an introduction to, or update on this subject matter, or those looking for insights based on recent practice experience. Learning Objectives - You will be able to  more...

Tips and Techniques for Writing Effective Legal Briefs Benefits Effective writing is one of the most important tools in the legal trade. No matter the strength of your case or your knowledge of the facts and the law, your ability to communicate concisely and powerfully is crucial to your success. With a particular focus on writing legal briefs, this live audio conference will show you how to focus your writing to a specific audience; streamline and  more...

Divorce Taxation: Practical Issues BenefitsMost divorce cases have significant tax ramifications to your client. This live audio conference provides the skills to identify them before they create a problem for you and your client at settlement. We will begin with the recent changes to the tax law and provide a key road map in navigating the numerous pitfalls that may appear in your case. Whether it is when your client may qualify  more...

Understanding and Complying With Disclosures Under Rule 26(A) ...federal rules relating to electronic discovery and recent case law interpreting these rules. This live audio conference will also discuss benchmarking data that assesses how companies can cope with amended federal rules' requirements and offer practical suggestions for integrating records management and legal hold practices to improve e-discovery readiness. This program is primarily designed  more...

Child Sexual Abuse Interview Protocol: Evidence-Based Strategies BenefitsChild sexual abuse investigations are difficult on children because of the recall of abuse details that are sexual in nature. Each instance of retelling the sexual experience adds to the traumatization of the child. Members of the multidisciplinary team also rely on the videotaped interview for information necessary to completing the investigation to avoid repeated interviews. This live  more...

Electronic Control Weapon and Legal Liability ...ociated with ECWs as well as current use of force federal case laws pertaining to the use of ECWs. Familiarize yourself with 'best practices' responses, uses of ECWs and how to properly document proficiency, forensic investigations and techniques for writing reports and providing testimony. Hear about a model use of force - ECW policy that will protect your officers, your agency and your  more...

Hot Topics in Native American Financing 2011 ... addressed such challenges; and 4) recent legislative and case law developments with respect to the following cases: Wells Fargo Bank, N.A., as Trustee v. Lake of the Torches Economic Development Corporation, Patchak, Salazar and Carcieri v. Salazar, and how such developments may impact tribal financings. Learn how these developments impact the extension of financial credit to tribes and tribal  more...

Trucking Litigation BenefitsLitigation involving trucking and bus companies seems straightforward. Unfortunately, nothing could be further from the truth when it comes to trucking tort cases. During this live audio conference, you will hear how to negotiate the waters and learn how the myriad of confusing federal and state regulations could torpedo your otherwise straightforward common law case. Hear from the former  more...

Effective UCC Search Strategies to Minimize Risk BenefitsLenders and other creditors need to know where they stand if a debtor becomes bankrupt. Primarily, this is a function of whether they have a lien or security interest and if so, whether anyone else has a prior lien or security interest. Liens generally must be made public in some way - usually by a filing in a public office - in order to enjoy priority, so prospective lenders and creditors  more...

Effective Use of the Internet in Criminal Investigations BenefitsToday's increasingly-connected society relies more and more upon the Internet. As these connections grow, criminals are conducting a larger number of activities online. They use the Internet to communicate, store data, and even perpetrate a new class of digital crime. This live audio conference will cover several recent case studies along with the methods used to track the offenders, cover  more...

Putting the Finishing Touches on Legal Writing: Editing, Polishing, and Proofreading Essentials BenefitsEffective writing is one of the most important tools in the legal trade. No matter the strength of your case or your knowledge of the facts and the law, your ability to communicate concisely and powerfully is crucial to your success. This live audio conference will show you how to focus your writing to a specific audience; streamline and strengthen your writing; avoid grammar, spelling and  more...

Options Under Section 504 ...ions and their recent amendment, relevant regulations and case law regarding the obligations of educational institutions to disabled employees and students, providing cogent and succinct guidance on how to best ensure compliance. Comply with these obligations and avoid liability under this statute. Learning Objectives - You will be able to identify the obligations imposed on public and  more...

Family Limited Partnerships in Estate Planning ... not clear on what is the current status of statutory and case law concerning the continued use of these entities. This audio conference will help you learn to identify when the use of this entity for a particular client situation is warranted and what steps to take to maintain or correct an existing family entity to comply with recent changes in the law. This program will also explain the  more...

Competitive Public Bidding and Public Contract Code in Florida ...ation in such procurements is governed by rules, laws and case law precedent not generally applicable in the private sector. This teleconference helps you understand how to obtain contracts with the government and better understand the requirements to effectively compete in a public procurement. By reviewing the Florida statutes, ordinances, regulations and case law applicable to government  more...

Mental Health Record Compliance BenefitsMental health providers are subject to many restrictions on how they can deal with patient records. As a health care provider, you are generally subject to the HIPAA medical record privacy and security requirements. To the extent they deal with substance abuse diagnosis and treatment, you are also subject to additional federal confidentiality restrictions, particularly part 2 of 42 CFR.  more...

Current Issues in Florida Residential Evictions ...pliance with the statutory requirements. With very little case law as guidance, an in-depth understanding of the procedural and substantive complexities is essential to the lawyer handling a Florida residential tenant eviction matter. Disposition of a tenant's personal property found in the premises following the end of a lease can result in unexpected costs and delays in re-letting the  more...

Substance Abuse Among Today's Youth BenefitsSubstance abuse among today's youth is a continuing concern. Many parents and school officials report staggering statistics daily, related to the self-destructive behaviors of youth who use substances. What is the reason for this use? How would one recognize the use? This teleconference will help you understand the reasons for substance use among youth, how to recognize use and abuse,  more...

Ohio Commercial Activity Tax Update: Now Fully Phased in, What We Have Learned and What We Can Expect Going Forward ...e current economic climate and pending administrative and case law developments might impact the CAT going forward. Anyone desiring a comprehensive update of the Ohio CAT, how it aligns with other states' gross receipts-based taxes and what important developments we can expect to see with respect to the CAT in the near future should attend this program. Accountants, controllers, tax managers,  more...

K9 Case Law Update ...s. This teleconference will provide you with an update of case law that addresses the issues that arise from the use of canines in law enforcement. This teleconference will provide a review of federal case law that discusses the Fourth Amendment standards that govern the use of canines in drug detection and investigation, as well as suspect apprehension. We will also address issues that arise  more...

Using and Challenging Statistical Evidence: An Essential Training for Litigators BenefitsThe use of statistics frequently plays a critical role in the litigation arena, from evaluating cases for your clients, to resolving disputes and possibly taking a matter to trial. Lawyers often shy away from using statisticians, quite frankly because understanding this world can seem overwhelming and confusing. In this 90-minute teleconference, you will have an opportunity to hear (in a  more...

Bankruptcy Basics for Paralegals ...iar with the Bankruptcy Code, which is often amended, and case law, but also the often overlooked federal rules of bankruptcy procedure, local rules and judge-specific rules. Scott Brown - a national humor columnist by day and a bankruptcy lawyer by night - puts a unique spin on issues germane to the bankruptcy world. A former clerk for a bankruptcy judge and a partner with a nationally  more...

Substance Abuse and the State Bar Disciplinary Process BenefitsThis teleconference will give an insider's view of the state bar and how it handles matters that have substance abuse as an element of a case. The program will also discuss the scientific basis for addiction and how it can impact your law practice. This program is primarily designed for attorneys. Other legal professionals may also benefit from attending.  more...

Statutory Research and Legislative History for Paralegals BenefitsWhenever a case or issue is covered by statutory authority, there may be questions as to what the language of the statute means and how it can be applied to a given situation. Attorneys often need to research the legislative history of the applicable statute to create a viable argument as to what was the intention of the legislative body that passed a particular law. Courts have different  more...

The Art and Science of Ethically Firing a Client BenefitsSo you think distancing yourself from an uncooperative client is as simple as saying, in the words of Donald Trump, 'You're fired.'? Not so. Both ethical and fiduciary considerations come into play when a lawyer seeks to withdraw from ongoing representation of a client. This teleconference will provide a detailed discussion of those ethical rules, as well as the impact of withdrawal on  more...

ADA Interaction with Addictions and Personal Habits BenefitsOne of the most confounding problems for employers is what to do when an employee comes forward with a drug problem or when an employee appears to be intoxicated while at work. This teleconference is designed to educate legal and HR professionals in addressing those situations within the boundaries of the Americans with Disabilities Act, which generally protects recovering drug addicts and  more...

Criminal Liabilities Under HIPAA BenefitsMany hospitals, physician offices and other covered entities have been surprised to learn that HIPAA rules provide for criminal penalties - up to 10 years in prison for intentional violations! Now the stakes are higher and there are more stakeholders: recent stimulus legislation dramatically increased the stakes for HIPAA compliance by substantially increasing penalties for HIPAA  more...

New Technology and the Fair Debt Collections Practices Act ...er ID, email, text messages and faxes, and discuss recent case law addressing the application of this technology to the debt collection industry. This teleconference will assist you to understand how the statute is being interpreted and applied by the courts to the new technology available to the industry. Credit and collection managers, attorneys, presidents, vice presidents, business owners  more...

Float Ownership Issues in Construction Project Management ... the effect of contract provisions and the development of case law related to the use of float. This teleconference will increase awareness of issues related to float and better idea of how you can address those issues. Learning Objectives - You will be able to discuss contract provisions. - You will be able to analyze techniques to minimize and or manipulate float. - You will be able to  more...

Implications of Scott v. Harris on Police Vehicle Pursuits and Beyond BenefitsThe Supreme Court has historically recognized that analyzing and ultimately judging the conduct of police officers requires an acknowledgment and appreciation that, particularly in the context of the use of force, the court and trier of fact must take into account the circumstances under which police officers must make such decisions. The Court has also historically emphasized that  more...

Minimize Risk with Legal Case, Matter and Practice Management Systems BenefitsCase, matter, and practice management systems and processes will help your practice become more efficient and effective in all aspects of operating your practice and addressing the needs of clients. Whether you are a litigator or a transactional attorney, in private practice or in a legal department, this seminar will focus on the functions and advantages of case, matter, and practice  more...

Promoting Wellness and Recovery of People With Mental Illness Through Strengths-Based, Person-Centered Practice BenefitsThis topic is important for all levels of the human service and community corrections fields. Policy-makers and funders must develop policies and procedures that support and promote evidence-based practice with this challenging group of service participants. Service organizations must become more outcome-focused in their helping efforts. Direct practitioners, therapists, case managers and  more...

Current Issues in Attributional and Agency Nexus ...s. The panel will also discuss the latest legislative and case law developments, including the controversial web-based nexus statute in New York and other states. Gain practical tips for planning through safe harbors and de minimis activities. This teleconference is a must for any business that has relationships with independent contractors, in-state businesses - either affiliated or  more...

A Privacy Law Primer: What Every Attorney, Compliance and Security Officer Should Know ...ivacy and information security legislation, standards and case law are having an ever-larger impact on your relationships with your customers, clients and employees, as well as on your company's management of personal information. Issue-spotting in this area requires some familiarity with the complex state, federal and international regulatory patchwork and nongovernmental standards that now  more...

Developing a Community Nonemergency Response System BenefitsCitizens are demanding fast, easy access to government services in an efficient manner that optimizes their investment. Municipal executives are consistently seeking government solutions to improve service without increasing budgets. Elected officials know the quality of services can mean the difference between re-election and defeat. This teleconference will provide municipal leaders the  more...

When HOA's and the IRS Compete for Lien Property: Lien Priorities, Perfections and Foreclosure Rights ...ative analysis applying the choate doctrine under federal case law, which requires a comparative look at when association liens arise versus when an IRS tax lien is properly recorded. Because of a lack of legal opinions published in federal and state courts, litigation insurers and title examiners may not be fully equipped with the specific understanding of the differing laws and their  more...

Techniques for Treating Young Clients Who Suffer From Post-Traumatic Stress Disorder BenefitsYou will learn how to identify post-traumatic stress disorder, complicated grief and childhood traumatic grief, as well as learn techniques to treat symptoms of these conditions. Social service directors, social workers, case managers, counselors, psychologists, law enforcement officials, medical staff and administrators  more...

Litigating in the Social Networking Era BenefitsWith the recent explosion in the use of social networking, attorneys and litigants are quickly learning the risks and rewards of participating in social networking. In particular, recent cases demonstrate the utility to attorneys of considering social networks during discovery and, in some cases, discovery of information from social networking sites can make or break your case. Therefore,  more...

To Test or Not to Test: The Legal Implications of Pre-Employment Testing ...pre-employment testing, including statutory restrictions, case law development and regulatory considerations from the EEOC and other sources. This teleconference will assist you in developing comprehensive policies for pre-employment testing, including best practices for using different technologies in testing programs as well as proper compliance and tracking considerations for protecting  more...

Don't Bet the Company: Understanding and Avoiding Class Actions in Labor and Employment Law! BenefitsYou have all seen in the news media reports of companies settling employment-related class actions for many millions of dollars. The horror of class actions is that a small claim among a few employees can mushroom into a huge claim worth millions of dollars once some ferocious plaintiff's lawyers get their teeth into it and add hundreds of additional claims through the simple process of  more...

Value Engineering Change Proposals in Government Contracting ...P. Further, this teleconference will highlight notable VE case law, calling attention to hotly contested VE issues throughout the Courts and Boards of Contract Appeals. Key suggestions for establishing successful VE programs within your company will be discussed. This teleconference is critical for contracting personnel so they can ensure that appropriately submitted VECPs will benefit the  more...

California Employment Law Update nCompanies with employees in California face a bewildering and complicated set of employment laws, which are often inconsistent with federal law. This three-hour teleconference will address the most important and current issues facing California employers (or out-of-state companies with employees in California), including wage and hour compliance and litigation trends, California's unique  more...

Client Rights Issues: Informed Consent and Confidentiality nBoth state and federal laws contain myriad requirements intended to protect client rights. Most importantly are those that relate to rights regarding providing informed consent and privacy of health information. However, many health care providers do not understand the complex intersections of regulatory and common law requirements for obtaining consent and protecting client privacy. Failure to  more...

Fetal Alcohol Syndrome in Children nExposure to substantial amounts of alcohol during pregnancy is known to produce a wide spectrum of morphological and behavioral outcomes. The most affected children in the spectrum display a characteristic pattern of morphological anomalies known as fetal alcohol syndrome. The majority of children exposed to alcohol, however, do not display morphological anomalies, yet they may show significant  more...

Uniform Division of Income for Tax Purposes (UDIPTA): Business vs. Nonbusiness Income Tax nWhile most U.S. states impose income tax on multistate business under the principles contained in the Uniform Division of Income for Tax Purposes Act, state courts and taxing authorities have interpreted that set of relatively uniform laws differently, especially with regard to the definition of business income. The differing interpretations of business income have increased significance to  more...

Preparing a Winning Closing Argument n"Ladies and gentlemen of the jury, we will now hear closing arguments." Even the most experienced trial lawyer may inwardly quake when the judge utters these fateful words. But what makes for an effective closing? Do closings even matter? When should you object? Should you really start preparing your closing the day you get a new case? These are questions that are not addressed in law school, and  more...

Challenges and Contractual Issues With Sub-Subcontractors nA subcontractor in today's construction industry faces unique challenges and concerns - from dealing with a bid process that can lock in a bidding subcontractor without any written agreement, to subcontractor form contracts that are written largely, if not entirely, in favor of the general contractor. In addition to concerns in bidding and contract formation, a subcontractor must constantly  more...

Issues Surrounding Student Discipline nStudent discipline impacts a student's civil and contractual rights, and it remains an area of potential liability for school districts relative to those rights. Of course, a failure to observe proper procedures and processes could also result in a reviewing body, reversing the discipline imposed in a particular case, thereby causing a substantial disruption of the educational process. Developing  more...