Court Telephone Seminars

Daubert Motions: Challenging Expert Opinions ...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. This live audio conference  more...

Creditors' Proof of Claims and Objection Requirements ...a creditor must file a proof of claim with the bankruptcy court prior to the bar date in order to receive a distribution or to vote for or against confirmation of the debtor's plan of reorganization. Unfortunately, the filing of a proof can adversely affect the creditor's ability to defend against claims asserted by the debtor. Additionally, there are a number of technical requirements relating  more...

Employee Discipline for Conduct Outside of Work ...tside of work. You will hear about recent legislation and court cases involving some of the hottest topics in employment law, including employee discipline for blogging, web-based 'employer trashing,' workplace dating and extramarital affairs, and physical appearance such as weight, tattoos and body piercing. Our experienced professionals will discuss permissible discipline for employees  more...

Winning at the Gate: Practical Lessons for Stating or Attacking Claims in a Post-Twombly/Iqbal World ...Court's decisions in Twombly and Iqbal changed the standard for pleading a claim in federal court cases, but lawyers and courts continue to struggle in applying the plausibility standard. This live audio conference explores practical approaches to 'winning at the gate,' whether you are pleading or attacking a claim, particularly in the complex commercial litigation arena. We will discuss  more...

California E-Discovery Rules: Still in Their Infancy ...cial Council followed suit by amending California Rule of Court 3.724 to require early meet and confer as to e-discovery issues. The rules, which largely track current federal provisions, took effect immediately and brought California in line with the growing number of states adopting specific regulations for modern civil litigation's critical arena of electronically stored information. In  more...

Motor Vehicle Searches: Impact of the Arizona v. Gant Decision ...ntext, are also extremely common. The recent U.S. Supreme Court decision in Arizona v. Gant has brought a significant change to the law regarding motor vehicle searches. This audio conference will provide a review of the constitutional requirements that apply to motor vehicle stops and searches, with a specific emphasis on the practical impact of the Arizona v. Gant decision. This audio  more...

Pennsylvania Civil Procedure: View From the Bench ...an overview of civil process at the Pennsylvania District Court level. The program will be given by Magisterial District Judge Richard Cappelli. Judge Cappelli has been the Magisterial District Judge in Delaware County since 1992, serving the townships of Concord, Bethel, Chadds Ford and Thornbury. Topics will include the filing of a civil and landlord-tenant complaint, required contents,  more...

Economic Nexus Standards in State Taxation ...ooted in the U.S. Constitution. In 1992, the U.S. Supreme Court reaffirmed its longstanding rule and held in Quill Corp. v. North Dakota that nexus requires some form of physical presence in the taxing state. In today's economy, however, states are continuing to push nexus limits farther than ever before and have begun to reach beyond traditional notions of nexus by relying on economic  more...

Essentials of Florida Garnishment Laws ...row it away? The garnishment writ is a directive from the court to withhold salary or wages from someone working for you (and not just an employee). This audio conference will explain the nuts and bolts of Florida's garnishment laws, from how a garnishment works to what happens if you don't properly comply. This audio conference is designed for human resource and payroll professionals,  more...

Land Use Law Update BenefitsIn today's world, land use laws are pervasive and they must be addressed as part of nearly every undertaking. Knowing your rights and obligations - and securing necessary approvals in a timely manner - are critical steps to the ultimate success of any development or activity. A review of several key land use issues relating to federal land use laws, alternative energy and the ever-evolving  more...

Labor Law: Could 2011 Be the Turning Point for Unions? ...anded down from the Board change? Will the recent Supreme Court ruling on almost 100 NLRB cases have any major impact? If any of these questions seem unfamiliar and if unions are not part of regular management discussions at your workplace, now is the time to take action. This teleconference is designed to inform you on the status of EFCA, an update on pending changes at the NLRB and more.  more...

Texas Nonsubscriber Claims 101: Perspectives From Employees and Employers ...subscriber employers may pursue personal injury claims in court or at arbitration. The law governing Texas nonsubscriber claims is completely different than the law that governs Texas workers compensation claims. It is a specialized area of personal injury practice in Texas. This teleconference will help entities involved in nonsubscriber claims or employers considering switching to  more...

Best Practices in Managing FMLA Leave BenefitsEmployers are continually faced with the problem of FMLA abuse. Unfortunately, many employers are unaware of the tools at their disposal to effectively manage FMLA leave. This teleconference will help you understand lawful methods you can use to restrict unwarranted use of leave. You'll get a firm grasp of the most effective FMLA policies that may be instituted. Failing to adhere to FMLA  more...

Current Issues in Florida Residential Evictions BenefitsA residential eviction action is very technical and bereft with many traps and obstacles for the unwary. These traps and obstacles translate to lost time and money for the landlord if not properly handled. The statutory notices can provide the tenant with an early dismissal of the eviction case if not done in strict compliance with the statutory requirements. With very little case law as  more...

Metadata Scrubbing and Mining: Legal, Ethical and Practical Implications ... - a copy of any document electronically filed in federal court. All attorneys and clients are susceptible to breach of confidentiality and malpractice traps. Learn how you can protect your clients - and your law firm or law department. Avoid the metadata fates that befell not only the Transportation Security Administration in December 2009 but also the U.N. Secretary General, the British Prime  more...

Basics of Trust Administration ...nagers, etc., to 'slice and dice' trustee powers; probate court involvement in trust administration; and concepts in fiduciary accounting and income tax reporting. The materials and the speaker will focus on general concepts and principles shared by the laws in most U.S. states with some examples of the considerable deviations that written trust instruments can make from state law. The  more...

The FLSA Comp Time Controversy ...yer to deny an unduly disruptive request. However, recent court decisions have restricted the ability of the employees to control when they use compensatory time off. Highlights of these court decisions and how the FLSA views the use of compensatory time in light of recent court decisions and the current debate of allowing comp time in the private sector will be discussed. Payroll  more...

Political Law Update: The Latest Developments in Election Law, Lobbyist Regulation and Political Activity Compliance ... is increasing in scope and changing rapidly. The Supreme Court's landmark decision in Citizens United v. FEC recognized the First Amendment right of business corporations to expressly advocate the election or defeat of candidates; state regulation of procurement lobbying is on the rise; state and local pay-to-play laws prohibiting or limiting political contributions from government contractors  more...

Appealing Standards: Determining the Applicable Standard of Review ...mportant jobs: prediction (telling clients what appellate courts are likely to do with a given case) and persuasion (getting the appellate courts to do it). The two most common mistakes in appellate advocacy are (1) taking the standards at face value, uncritically assuming that they mean what they say and that the court will apply them as they are written and (2) treating the standards as mere  more...

The Art and Science of Ethically Firing a Client ...ell as the impact of withdrawal on relationships with the court, implications of common-law fiduciary duties and the ever-important consideration of getting paid after withdrawal. What are the lawyer's obligations upon withdrawing from ongoing representation? What steps must be taken to successfully terminate your duties to that client? Under what circumstances is the lawyer entitled to recover  more...

Current Issues in Revocable Living Trusts ...nfidential distribution of family wealth without required court interference and also allows for assets to avoid probate in most jurisdictions. Using a revocable living trust allows for planning in the event of incapacity without having to formally declare a person incompetent and without requiring the opening of a guardianship proceeding. A revocable living trust can provide a simplistic  more...

Best Practices in Filing and Preparing Inventory BenefitsA probate estate is nothing without its assets, which makes the preparing and filing of the probate inventory a key element to successful administration. The marshalling, preserving, protecting and valuation of the estate assets is the backbone in the probate and tax arenas. This teleconference will cover all aspects of handling the estate's assets from the perspective of preparing and  more...

CERCLA Liability Update ...cilities. Is the conventional wisdom correct? The Supreme Court, in a recent pair of consolidated cases, examined these issues in detail. This teleconference will analyze the Court's holdings, investigate the effects of the holdings and provide practical advice about steps parties and their counsels may take to minimize liability and mitigate risk under CERCLA. Learning Objectives: - You will  more...

Buying and Selling Claims in Bankruptcy ...strategies for maximizing the value of claims, and recent court decisions and orders that could have a substantial impact on the value or enforceability of the claims purchased. In addition, you will gain insights on trading for passive investment to gain a return on capital versus purchasing to own or control the company by leveraging debt claims into equity and the debtor's responses thereto.  more...

Implications of Scott v. Harris on Police Vehicle Pursuits and Beyond ...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 district courts must  more...

Clean Air Act Update ...time, the Obama EPA is confronting a bewildering array of court-ordered regulatory revisions and politically charged environmental initiatives. All of these changes will have a direct impact on numerous business sectors and tens of thousands of energy, manufacturing, commercial and institutional facilities across the country. This teleconference is designed to provide an overview of the various  more...

Current Issues in Attributional and Agency Nexus ...ooted in the U.S. Constitution. In 1992, the U.S. Supreme Court reaffirmed its longstanding rule and held in Quill Corp. v. North Dakota that nexus requires some form of physical presence in the taxing state. However, physical presence is not limited only to direct presence. It may also be established indirectly through relationships with third-parties in the taxing state. In today's economy,  more...

When Worlds Collide - Bankruptcy and Probate ...Court's 2006 decision in Marshall v. Marshall, 547 U.S. 293 (2006), there was a common belief among many bankruptcy and probate practitioners that the so-called probate exception to federal jurisdiction served to prevent bankruptcy courts from adjudicating any matters that were related, even only slightly, to a probate estate. In giving a very narrow interpretation to the probate exception to  more...

Lawful Hiring ...ten arise out of the hiring process. The new U.S. Supreme Court decision in Ricci v. DeStefano, 557 U.S. ___ (2009) shows how an employer (the New Haven Fire Department in that case) can violate discrimination laws when taking steps to attempt to achieve nondiscriminatory selection and testing procedures. This teleconference will cover the leading laws that regulate or affect the hiring  more...

Recent Updates to the EPA's Brownfields Program ...o brownfields development resulting from a recent Supreme Court case and environmental risks associated with vapor intrusion. Learning Objectives - You will be able to summarize regulatory updates. - You will be able to predict how the stimulus package will affect Brownfields programs. - You will be able to analyze global warming and the brownfields development. - You will be able to give  more...

Drafting Settlement Agreements in Personal Injury Cases: A Primer ...parties, special ethical considerations, the necessity of court approval and the participation of known (or unknown) nonparties who may hold liens or other claims on the impending settlement payment. It is important that the lawyer drafting a settlement agreement in a personal injury matter understand how to correctly identify and address all of the issues that may arise. Only then can the  more...

The New World of EEO: What Is Coming ...BenefitsEEO claims with the EEOC and in state and federal court are significantly on the rise. While this increase has been impacted by the significant reductions in force around the country, this has also been driven by the fact that the plaintiff's employment bar, the U.S. Attorney's offices and the EEOC have become more aggressive in pursuing claims of discrimination against employers. The  more...

Uses and Abuses of In Limine Motions ...ding irrelevant evidence and objections from entering the courtroom and record. They were not intended to supplant dispositive motions such as those for summary judgment or judgment on the pleadings. However, it has increasingly become common practice for litigants to use motions in limine as dispositive motions. This teleconference will help you understand how motions in limine work and what  more...

Voir Dire: Effective Techniques for Getting and Using the Information You Need ...en informal, subject to the broad discretion of the trial court, and can vary widely between jurisdictions, judges and even different cases before the same judge. A trial lawyer's strike decisions are some of the most important strategic decisions made in any jury trial. Yet, often those decisions must be made with little time for reflection and based upon vague or incomplete information. This  more...

FCRA and FACT Act Regulatory and Litigation Update 2009 ...raud prevention programs. In addition, a spate of federal court decisions interpreting the increasingly complex provisions of the FCRA and FACT Act has been issued. n nThese new rules and court decisions present challenges and opportunities for lenders, insurers, securities firms and other financial institutions. This teleconference will provide an update of important FCRA and FACT Act  more...

Enforcing Arbitration Agreements: 14 Penn Plaza and Other Recent Developments in Arbitration of Statutory Employment Claims ...laza v. Pyett, 07-581 (S. Ct. April 1, 2009), the Supreme Court held that a union-negotiated arbitration agreement can bind individual employees to arbitrate statutory age discrimination claims. This decision continues the trend of enforcing agreements to arbitrate employment discrimination claims. 14 Penn Plaza should cause all legal professionals to consider the advantages of agreements to  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...

Impact of the New ADA Amendments on Schools ... Rehabilitation Act of 1973. In subsequent years, Supreme Court decisions (Sutton v. United Airlines [1999], Toyota v. Williams [2002] and others) severely narrowed the range of disabled individuals considered eligible for ADA protection. Responding to concerns of both labor and education, Congress passed a body of amendments to ADA in September 2008 which effectively overturned the Court's  more...

Employee Retaliation: Supreme Court Update ...oncern throughout an employer's organization. Most recent court decisions recognize retaliation claims in nearly all areas of employment law and find adverse actions in a variety of circumstances, beyond demotion and termination, for purposes of upholding such claims. Most significantly, the U.S. Supreme Court recently determined in CBOCS West, Inc. v. Humphries, 128 S.Ct. 1951 (2008) that  more...

Same-Gender Marriage Rulings: Impacts on Employee Benefit Plans Across the Nation ...Court ruled that the state cannot deny same-gender couples the right to marry. Same-gender couples - many of them, in fact - flocked to California and started getting legally married on June 17, 2008. But then in November 2008, California voters approved Proposition 8, which bans same-sex marriage going forward. Massachusetts and Canada also allow same-gender marriage, and more than 15,000  more...