Court Telephone Seminars - Training Resources

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...

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 UCC Article 9 Update ...se impact if a deal that is documented in a manner that a court later determines does not reflect the true character of the transaction. Finally, in a time of financial distress and the increased probability of default and disputes, you will benefit from a refresher on enforcement and intercreditor matters as many more transactions are ending in enforcement instead of repayment or refinancing.  more...

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 teleconference will  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...

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...

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...

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...

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 the U.N. Secretary General, the British Prime Minister, the Federal Trade Commission, the Social Security Administration,  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...

Motor Vehicle Searches: Impact of the Arizona v. Gant Decision ...Court in Arizona v. Gant, 556 U.S. ___ (2009) changed the way police must handle the search of an automobile incident to an arrest. For nearly as long as the automobile has existed, the Supreme Court has found an exception to the general Fourth Amendment warrant requirement for the search of cars if the search is based upon probable cause. See Carroll v. United States, 267 U.S. 132 (1925). More  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 an emphasis on the considerable deviations that written trust instruments can make from state law. The materials  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...

401(k) Plan Costs Including Recent Update on Supreme Court Rule LaRue v. DeWolff, Boberg & Associates Inc. nUnhappy employees, U.S. Department of Labor investigations, IRS investigations, massive class action lawsuits - an ever-expanding list of factors bombards sponsors of 401(k) plans and places companies and their management potentially in the cross hairs. From Enron, Worldcom and Sarbanes-Oxley, to the more recent massive class actions filed against Fortune 500 companies regarding 401(k) plan  more...

Managing Risk and Investments for Trustees and Other Fiduciaries nAlthough the investment decisions by fiduciaries supposedly are not to be judged with hindsight, and trustees are not deemed to be guarantors of the investment performance of trust assets under their management, as a practical matter, claims by beneficiaries for poor investment performance will only be raised when the trust has sustained losses. Further complicating the matter, such litigation  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...

Appellate Process Basics for Legal Professionals nFiling an appeal is a specialized process with particular requirements and deadlines. Failure to follow the appropriate procedures can be fatal to an appeal or, at a minimum, compromise its chance of success. A paralegal's thorough assistance is invaluable in making certain the rules are followed and obligations are met. This teleconference will provide you with an overview of the life cycle of a  more...

Employee Discipline for Conduct Outside of Work ...outside of work. You'll 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...

FMLA Regulation Update: Managing FMLA Leave under the New Regulations nEmployers 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 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...