Has Telephone Seminars - Training Resources

Telecommuting: The Next Wave of Wage and Hour Litigation ...y navigate to avoid potential liability. As telecommuting has become more prevalent, there have been a number of lawsuits filed by telecommuting employees (often as class actions) claiming violation of various state and federal wage and hour laws, suggesting a new trend in wage and hour litigation. If you currently have nonexempt telecommuting employees or are considering allowing nonexempt  more...

Satisfying OFCCP's Internet Applicant Rules ...has further clarified the long awaited definition of an Internet applicant and the revised guidance gives employers additional direction and assistance into this new and growing area of employment issues. Moreover, the OFCCP has initiated a systematic process for monitoring adherence to the Internet Applicant Rule. This teleconference will review the new and expanded OFCCP guidance and provide  more...

Understanding LEED for Sustainable Building ...ns in energy waste and enhanced water conservation. USGBC has now focused rating and certification efforts using this latest unified version and rapidly will move away from the multiple-criteria products of the past. Use of older LEED versions is no longer permitted (c. June 2009). The information in this teleconference is important to anyone involved with major green building projects This  more...

Understanding the Apportionment Rules for Service-Based Businesses ... of touch with service operations. Second, as our economy has shifted its focus to services and e-commerce, states are beginning to revise their apportionment rules to account for differences between the industries. These new rules, however, lack clear guidance thus creating uncertainty for taxpayers. This teleconference will provide a comprehensive look at particular apportionment issues  more...

Claims Management Techniques in Workers' Compensation Cases ... carrier or servicing agent and counsel, but each of them has to be dealt with in a very different manner. You will learn how to successfully investigate an accident and use this information to communicate with these parties, as well as gain the necessary tools to effectively address the issues that arise after an on the job injury. Human resource managers, attorneys, benefits managers, safety  more...

ConsensusDOCS Contract Fundamentals ...or integrated project delivery. Since then, ConsensusDOCS has been in competition with the AIA contract documents and it has become important for all participants in the industry to understand what the ConsensusDOCS are and what they have to offer. Learning Objectives - You will be able to describe the overall approach taken by the ConsensusDOCS. - You will be able to recognize the  more...

Document Retention and Destruction Policies for Financial Institutions ...nconsistent or antiquated practices. While Sarbanes-Oxley has clarified the responsibilities of certain financial institutions, Sarbanes-Oxley is only a portion of the document universe. This teleconference will help you navigate the complex universe of document retention rules. Perhaps more importantly, however, this teleconference will explain the necessity for a vigorous document destruction  more...

Estate Planning for the Final Years of Life ...inal years of life. Thomas Day, a senior citizen himself, has spent more than 20 years helping people across the country with these issues. Mr. Day provides a wealth of knowledge, identifies specific planning sources and offers unique strategies that can be put together to produce a useful and valuable plan. Attorneys, estate planners, accountants, presidents, vice presidents, CFOs,  more...

Best Practices in Nursing Documentation: Writing Effective and Legal Proof Notes ...read nurses' notes. Electronic records are a reality that has not yet fully come to fruition. The information documented about a patient will live on and be seen by a multitude of individuals. It has become even more important to document accurately, succinctly, intelligibly and professionally. This teleconference will place documentation of patient care in its rightful place, summarize its  more...

The New ADA Design Standards- When, Where, and How? ...has been a great deal of speculation about when the Department of Justice will adopt the revised ADA/ABA Guidelines as the new ADA Design Standards and the implications of the proposed changes. This teleconference will provide an update on the status of the new rule, a highlight of the major changes, and the potential implications for your business and clients. Presenters include past and  more...

IRC Section 41: Credit for Increasing Research Activities Update ...vities. Our team of former Big Four partners and managers has collectively worked on more than 500 research tax credit studies during our careers. Learn from some of the top technicians in the industry on what can and can't be considered research and development under IRS guidelines. Several topics that will be discussed include understanding the broad range of companies in many industries that  more...

The New World of EEO: What Is Coming ... 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 attack on employers involves claims of inconsistent  more...

Recent Trends in CPA Technology ...has totally transformed the way CPA's do business. In this teleconference, we will highlight recent trends in the technologies that play an important role in how we do business today. Whether you practice in public, private, education, government or in any other role, this program will give you some insight as to where technology is at and where it will be tomorrow. This teleconference will  more...

Assignments for the Benefit of Creditors: What You Need to Know About ABC's ...ssed business that while long available under state laws, has had little use outside of states such as California, Illinois, Florida and Massachusetts. The fiduciary nature and responsibilities of the assignee will be covered, as will the advantages and disadvantages to the process as compared to bankruptcy. You will gain a better understanding of the nature of general assignments and how to  more...

Bankruptcy Basics for Paralegals ... partner with a nationally recognized law firm, Mr. Brown has seen both sides of the curtain. In these capacities he has worked with courtroom staff, paralegals and legal assistants on a regular basis. This teleconference will offer advice for working with courtroom staff and addressing bankruptcy cases from most points of view - debtor, creditor and trustee. Specific attention will be given to  more...

Mortgage Fraud: An Epidemic ...ized 2008 as the worst year ever for mortgage fraud. 2009 has seen the mortgage fraud epidemic spread even wider and deeper. This teleconference will focus on the most prevalent forms of mortgage fraud. Best practices for detection and prevention are outlined, with industry-specific recommendations for bankers, lawyers and mortgage professionals. We will conclude with a discussion of choosing  more...

Cost Segregation: Applications for a Valuable Tax Planning Strategy ...vements of all types and sizes. Although cost segregation has become quite popular in recent years, many tax advisors and real estate owners are still missing significant opportunities because they are unfamiliar with the many applications. This teleconference combines two of Bedford's most popular CPE sessions; providing both an introduction to cost segregation, as well as some more advanced  more...

How to Sell to the U.S. Government ...s, and how the government actually buys - credit card purchases, bids, contracts and grants. Failing to understand the key differences between corporate and federal sales is the most common error business people make in this market. This mistake has cost businesses thousands, hundreds of thousands and even millions in lost contracts. This teleconference is critical for large and small companies  more...

Avoiding the Pitfalls of GMP Contracting ... to project completion, one of the most common approaches has included the use of guaranteed maximum price, or GMP, contracts. However, as the use of these contract formats has proliferated, so have disputes that strongly suggest that the parties using them do not fully understand: (a) the differences between GMP contracts and the contracts that the users are used to working under, or (b) the  more...

Using Social Media in Collections ...has changed how we all communicate and do business. Business owners and collectors have the added challenge of trying to contact debtors who may only have a cell phone and no land line; and that use email, text messages or instant messages to communicate. How can you face this challenge while following the laws, following your ethics and without breaking any debt collection laws? In this  more...

Public/Private Partnerships and Major Infrastructure Construction ...has recently emerged as one of the latest buzz words in the development area. States and local governments are struggling with resource limitations and ever-increasing demands of infrastructure. The involvement of the private sector offers an enticing solution for meeting massive infrastructure needs. At the same time P3s provide an opportunity for developers and contracts to weather this  more...

Workout Strategies for Troubled Condominium Projects ...has affected real estate projects of all types but perhaps none as significantly as condominium projects. To further complicate matters, strategies to cope with failing and failed condominium developments must address multiple overlays of statutory and other legal requirements and limitations, as well as the often conflicting rights and concerns of the many stakeholders involved in these  more...

Zoning Variances: Nonconforming Uses and Structures ...w to determine whether a nonconforming development or use has been terminated, abandoned or modified. Learning Objectives - You will be able to report and document a nonconforming use. - You will be able to differentiate between a nonconforming use, unlawful use or vested right. - You will be able to point out termination or abandonment of nonconforming uses. - You will be able to reconstruct  more...

Dealing With Employees Who Have Been Charged With a Crime ...es after the employer discovers that one of its employees has been arrested and charged with a crime. Under our legal system, the familiar mantra is that an arrested person is 'innocent until proven guilty'. So, what can an employer do to address situations where an employee has been arrested or has been charge or incarcerated for a crime but has not yet been convicted? For example, can an  more...

AIA Contracts: The Owner-General Contractor Agreement ...more than a century, The American Institute of Architects has published an integrated set of contract forms for the construction industry. While other industry groups independently have prepared their own competing set of forms and, more recently, some have banded together to create more of a consensus-based set of forms, the AIA forms remain the most widely used and accepted in the industry.  more...

Innovative Energy Saving Strategies for Manufacturers ...ies that deal with older technologies, 'that's the way it has always been done' mentalities and a tunnel view consider the manufacturing process the only investment which will result in increased revenue. This teleconference will address the potentials to update this older technology. We will discuss new strategies to help manufacturer's see new ways are not always bad and investigate how  more...

Stark Act Update: Recent Changes and Operational Challenges ... to which they refer, including hospitals. If a physician has a financial arrangement with an entity that bills for or performs 'designated health services,' the financial arrangement will need to meet all components of an applicable exception. If the Stark Act is implicated and all components of an applicable exception are not met, the physician cannot refer to an entity that he or she has a  more...

Telephone Collections: Do's and Don'ts - Surviving the Jungle ...has grown dramatically over the past 20 years. Creditors are faced with increasing challenges in making loans and extending credit. The collection staff members in these creditor settings face mounting customer difficulties and tighter compliance environments. This teleconference will help you understand the importance of developing an effective recovery strategy for optimum success while  more...

Wage and Hour Update: Overtime Concerns With Mobile Devices BenefitsEmployer expectations for 24/7 access to employees is now the norm for many industries as new technologies allow work to be done virtually anywhere at any time. Serious questions have emerged about how employers should limit, monitor and compensate remote work hours. Recent litigation trends also show that compensation for time worked away from the office during nontraditional hours is  more...

New Federal Rule of Evidence 502 - Preservation or Waiver of the Attorney Client Privilege and Work Product Protection in Federa ...ost litigators. Rule 502 of the Federal Rules of Evidence has been adopted to clarify and resolve a common dispute regarding the effects of certain disclosures otherwise protected by the privilege or work product, including inadvertent disclosures and the agreement of the parties regarding disclosure. This 90-minute teleconference will discuss the elements of the privilege and protection, and  more...

Complying With OSHA Recordkeeping Requirements ... plans to get tough on workplace safety enforcement. OSHA has received more than $50 million in additional funding, plans to hire between 130 and 160 new inspectors, has suspended certain voluntary compliance programs in order to free up resources for enforcement efforts, and has introduced a new program, the Severe Violators Inspection Program, designed to ensure that recalcitrant employers  more...

Affordable Housing: Finance and Development, How to Maximize the Available Resources ...has been severely impacted by the subprime mortgage crisis and a downturn in the general economy. As a result, finding capital and equity to build affordable housing has become more and more difficult as investors sit this one out while the market stabilizes. This teleconference will highlight the issues, problems, causes, recent trends, what can be done and what is being done to address and  more...

Protect and Collect - The Effective Use of Engagement Letters ... steady and to decrease liability. The collection process has become more burdensome as cash flow tightens across the country. With more and more lawsuits arising against professional service providers and their firms, law firms, accounting firms and even bookkeeping/tax services are not immune from legal liability. To avoid these growing problems, one of the best places to start is literally  more...

Current Issues in Digital Billboards and Sign Regulations ...o the proliferation of digital signs. One national expert has predicted a wave of litigation at localities across the country that is trying to maintain attractive communities and prevent visual blight. What is the role of the Federal Highway Administration in controlling digital signs that create distractions to drivers and degrade aesthetics? What tricks are used by the billboard industry to  more...

Recognizing and Addressing COBRA ...has CHANGED AGAIN! But it wasn't actually the COBRA law that changed - you must track other laws to be sure you are in compliance. You have heard about the stimulus package but what has it done to our COBRA? The stimulus package now states that employees involuntarily losing their job between September 1, 2008, and December 31, 2009, will have special COBRA privileges including eligibility of a  more...

Enterprise Resource Planning - Getting the Payback From Your ERP System ...nd will become more aware of the power the ERP discipline has in getting the most return for the effort invested. It will become apparent that there is a lot of opportunity to utilize your ERP system as most people are only scratching the surface in the use of this powerful tool. Manufacturing engineers, presidents, vice presidents, plant managers, quality control personnel, operations  more...

Taking and Defending Effective Depositions ...he legal world where the use of mediation and arbitration has increased dramatically in recent years, the deposition of opposing parties and key witnesses often takes the place of the trial. Cases are evaluated and often settled based on information obtained at depositions. You will learn the fundamental concepts involved in taking and defending depositions. Included in this teleconference are  more...

Opt-Out Incentives and Other Cost Cutting Measures for Health Plans ...has highlighted for the public what employers have known for years - health care is expensive. Employers have for years looked for creative ways to alleviate double digit annual increases in the cost of health coverage provided to its employees. Employers have toggled deductibles and co-payments, and they have implemented wellness programs and consumer driven health care programs. While many of  more...

Efficiency Estimations and Payback Periods for New Equipment ...ical considerations of the real world such as initial purchase, accounting system roadblocks, and installation and operating cost, must be part of the decision process. This teleconference will explain basic principles of electric motor life cycle costs to understand how and when a new energy efficient motor can significantly save on total expenses. Special emphasis will be on understanding  more...

Pupil Records: Rules, Responsibilities and Requirements ... if the request was for the bottom 5 percent? 3. Student has been injured in an auto accident and litigation ensues. The party opposing the student's claim for damages subpoenas the student's records. How do you respond? 4. Estranged father calls from out of state and requests a copy of his child's pupil records? Do you give them to him? This teleconference will help you navigate the  more...

8 Issues When Doing Business or Contracting With Native American Tribes ...ibe, through its constitution and subsequent legislation, has developed its own laws and regulations addressing issues of contracting, jurisdiction and waivers, if any, of sovereign immunity. Individuals and entities seeking to do business with and/or contract with one or more tribes must become familiar with the laws and regulations of each tribe when preparing to engage in business with the  more...

Water Supply and Groundwater Well Design ...rehabilitation methods. Over the past several years there has been significant research done worldwide related to optimizing well performance. This research has included looking at the mechanisms involved with biological and mechanical plugging of aquifers, and the effectiveness of various rehabilitation technologies. This teleconference will discuss several of these studies and their  more...

FAS 117-1: Endowments of Not-for-Profit Organizations ... the proper classification of endowment funds when UPMIFA has been enacted and expands the required disclosure about endowment funds. The replacement of the prior legal restrictions of historic dollar value with the seven articulated standards of prudence set forth in UPMIFA has thrown into some turmoil the rules governing how a nonprofit organization should present its financial condition. It  more...

Preparing for Medicaid Audits ... economically disadvantaged. The recent economic downturn has caused shortfalls to many states' overall budgets. Those states are now looking toward Medicaid providers to make up the shortfall through the use of post payment audits and overpayment recovery. The use of statistics based upon a small sample of claims but extrapolated over an entire population of claims can lead to  more...

Medicare Secondary Payer Act - Protecting Medicare's Interest in Insurance Settlements ... may not make payment for medical benefits where 'payment has been made or can reasonably be expected to be made under a workmen's 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 fault insurance.' By law, Medicare has a priority right of recovery from the primary payer as well as  more...

Emerging Trends in Infrastructure Finance - The Stimulus and Beyond ...has long relied on an efficient, effective and affordable infrastructure network. Over time, both private and public sector investors have played roles in developing our infrastructure. Unfortunately, as the era of government-led and government-financed infrastructure comes to an end because of diminishing resources, alternatives must be explored. Governments in Canada, Australia and the United  more...

Advanced Microsoft Excel Formulas and Functions: Master Your Usage of Excel's More Powerful Formulas and Functions ...d let you manipulate text at the character level. But who has the time to explore all of them (and of course you don't need to know them all)? This teleconference gives you exposure to those 'hidden' functions and gives you new and powerful tools, such as array formulas, that will make your usage of Excel even more powerful and efficient. Also included are some of those valuable tips that you  more...

Unclaimed Property Compliance: Are you Ready for the Upcoming Reporting Deadline? ...nt internal controls and reporting procedures. With an emphasis on compliance with Sarbanes-Oxley regulations, it is imperative that your company has pro-actively ensured that you are properly filing to the appropriate state jurisdiction and are in compliance. This teleconference will provide a foundation and a greater understanding relating to the purpose of the laws, what every company should  more...

Performance Evaluation and Rehabilitation of Constructed Bridges ...ing to a recent survey (ASCE 2005), an overall grade of D has been given to our infrastructure systems. Typical sources of bridge deterioration include increased live load, environmental attack and physical damage such as collision of heavy trucks. This teleconference presents an overview of the performance evaluation and rehabilitation of constructed bridges from elementary concepts to  more...

Pricing and Cost Analysis in Purchasing ...mportant and complex decisions a business or organization has to make is how much to pay for its items or services. The buying professional should be able to easily detect prices that are too high. Thus pricing decisions must be given careful consideration when buying industrial products and services. The price of a product or service should be expected to cover cost of production, promotion  more...

Online Collection Techniques: Do's and Don'ts ...has changed how we communicate and do business. Debt collectors have the added challenge of trying to contact debtors who may only correspond via email or online portals. Some debtors no longer have a land line phone and only use cell phones, texting, email and instant messages to communicate. How can debt collectors face this challenge while following debt collection laws that are outdated and  more...

Subleasing Issues In A Down and Recovering Market ...and property owners agree: The subprime mortgage meltdown has finally reached the office market, bringing with it a flood of subleases as the economy continues its downward trend, and even as it recovers. It is time to dust off the practices and procedures lessons first learned in 1991 and 1992 when the savings and loan industry collapsed, and then again in 2000 and 2001 when the dot-com bubble  more...

Construction Payment Remedies: Using the Right Tools ...has made nonpayment and late payment critical concerns to many in the construction industry. The unique nature of the industry and the special remedies available to those in it make payment disputes matters of much interest to all involved in the construction process. The recession has only made resolution of these disputes more challenging. This teleconference will cover types of payment  more...

Daubert Motions: Challenging Expert Opinions ...icals 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 give you the ammunition you need to challenge  more...

Practical Transportation Design and Solutions: Concepts and Implementation ...r ongoing road preservation, safety and mobility projects has continually increased. However, the long term availability of funds for such improvements continues to diminish. Typical planning and design approaches may prioritize projects at the planning and programming stage in order to best address system needs; however, project designs are then developed with the intent to deliver the best or  more...

Current Issues in Cell Tower Leases ...has built more than 220,000 cell sites in the United States in the past 20 years. But many more cell sites are needed as the wireless industry expands coverage and extends the capabilities of cell phones and wireless devices into data, email, computer and video applications. New cell sites and significant modifications to existing cell sites will also be needed to facilitate the provision of  more...

Independent Contractor Reporting ...has distinct advantages for companies and workers, and continues to grow in popularity. However, as independent contractor relationships have become more common, the risks have become more apparent as well. This teleconference will help you understand how independent contractor status is determined for tax, EEO state law and other purposes, including in PEO and other multiparty situations; the  more...

Fair Housing Act: 2009 Hot Topics ...ty consists of three attorneys: a prominent litigator who has assisted property owners, lenders, developers and managers in FHA, ADA and Rehabilitation Act compliance and litigation all across the country; a registered architect, attorney and former ADA/Rehabilitation Act coordinator for the city of Miami Beach, Florida, who works with property owners, builders, design professionals, developers  more...

Tax Treatment of Charitable Fundraising ...has become a complex business. Charities no longer hold out a tin cup and ask for donations. They engage in sophisticated activities to generate revenue for their mission and the activities have tax consequences. This teleconference will review the federal tax consequences of fundraising activities and provide specific guidance on how to avoid tax and other legal pitfalls. Accountants,  more...

Taxation Issues Related to Debt Restructuring, Modifications and Bankruptcies ...has created opportunities for investors or debtors themselves to acquire outstanding debt at remarkable discounts. Unfortunately, it also has left many companies struggling and in need to modify their outstanding debt. Many large, well know companies have dissolved or declared bankruptcy. Debt modifications, repurchases and bankruptcy can have a profound tax impact on borrowers and lenders  more...

Construction Documentation: Preparing Effective Job Records ...ntation efforts in preparation for litigation after a job has gone bad, it shouldn't be. Effective communication and accurate recordation of those communications can keep the parties - and the project - on course and out of litigation. And should an irreconcilable dispute nevertheless arise, thorough project documentation facilitates the efficient resolution of that dispute. This  more...

Current ERISA Fiduciary Issues for Financial Institutions ...er ERISA's fiduciary rules. The current economic downturn has given rise to a new round of legislative and regulatory initiatives regarding ERISA's fiduciary rules and has more generally affected the manner in which ERISA may affect financial institutions. In addition, the regulatory environment continues to evolve, apart from any impact from the present economic climate. Our panel will give  more...

Obtaining a Portion of the Stimulus Grant Funding ...has provided a significant economic stimulus program that has been primarily implemented through grant funding. The Recovery Act (American Recovery and Reinvestment Act of 2009 signed by President Obama on February 16, 2009) is the economic stimulus package of $787 billion. Because of the national scope of the economic situation, stimulus money has been targeted at nearly every business and  more...

Medical Records 101: Responding to Requests for Patient Information ...tion for litigation purposes. The conference speaker, who has extensive experience in civil litigation, including the representation of large medical institutions, will provide guidance in avoiding mistakes in disseminating patient information. You'll find out what you need to know about the extent of patient information disclosure, people and parties authorized to receive patient health  more...

Cracking Nuts: Locating Hidden and Transferred Assets ..., lying corporate officers and shifty owners. Mr. Bailey has successfully used aggressive pre-judgment and post judgment remedies to shut down pump and dump stock fraud, seize money, secure truckloads of assets, nullify fraudulent transfers and liens, and collect from the seemingly uncollectible. He provides practical techniques, legal theories and real life examples in an entertaining manner  more...

Providing Investment Advice to Retirement Plan Participants Without Triggering Liability ...ment advice is rapidly changing. The Obama Administration has twice delayed the effective date of the final investment advice regulations under the Pension Protection Act, and new investment advice legislation is pending in Congress that could alter the regulatory landscape altogether. This teleconference will provide up-to-date advice on regulatory developments and market trends so that plans  more...

Tax Treatment of Gift Card and Certificate Sales ...enefitsThe IRS is aware that the popularity of gift cards has increased at a remarkable rate in recent years. Gift card sales by retailers raise a variety of interesting and complicated tax issues. The IRS has announced that certain gift card issues are Tier II issues; some of which must be raised during an examination and some of which should be raised during an examination. The IRS announced,  more...

Protecting Attorney Work Product in Communications With Testifying and Consulting Experts ...has rendered communications with critical expert witnesses as easy as an email, a text message or a voice mail. Many attorneys fall into the trap of engaging in informal communications with experts that are later revealed through discovery. Experts also create materials or communicate in a way that is subject to disclosure. These communications and materials can undercut the authority of the  more...

Minimize Risk with Legal Case, Matter and Practice Management Systems ..., are both pioneers and leaders in legal technology. Each has more than 20 years experience in working with lawyers, law firms and legal departments covering all practice areas and sizes. We'll cover the basics of these systems and provide detailed discussions of the leading software systems in the legal profession along with practical tips for best practices deployments. Learn how contemporary  more...

Private Foundation Grant Agreements: Basics and Beyond ...ations the grant agreement is merely a form document that has been given little thought - if it exists at all. This teleconference will cover some of the basics of the private foundation grant agreement and then move beyond the basics into some more advanced tax issues, such as grants to supporting organizations, scholarships and foreign grants. Accountants, executive directors, controllers,  more...

Promoting Wellness and Recovery of People With Mental Illness Through Strengths-Based, Person-Centered Practice ...conflicts in treatment prescriptions. Systems integration has become a goal in most states as we strive to become more efficient and effective in delivering services to those most in need of support. You will gain greater understanding of important helping tools such as the strengths assessment and personal wellness/recovery plan. You will also learn of several innovative initiatives and  more...

Dealing with Employee Gambling in the Workplace ...antial monetary payout. Workplace gambling, however, also has a dark side. Lost productivity; potential violation of local, state and federal criminal laws; violation of company policy; and the prospect of employee addiction are just a few of the potential dangers that may arise from gambling in the workplace. This teleconference will help you appreciate the risks and potential rewards of this  more...

Excel Formulas and Functions De-Mystified: Manage Your Excel Worksheets With Power and Confidence as You Master Formulas and Fun ... you need more complex formulas to reach an answer. Excel has more than 300 built-in functions that simplify what could be more cumbersome and lengthy formulas. Whether it's calculating the monthly payment on a car loan or quickly tabulating a total or average for a column of numbers, Excel's functions give you a tremendous capability to tackle a myriad of statistical, mathematical and  more...

Current Issues in Attributional and Agency Nexus BenefitsA state's ability to impose taxes on a multistate business is limited by nexus standards rooted 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  more...

Lender Liabilities ...om widespread instability in the subprime lending markets has prompted numerous economic prognosticators to predict an increase in loan defaults and corporate bankruptcy filings. As a result, lenders should expect that borrowers, guarantors and bankruptcy trustees will become more aggressive in asserting lender liability claims in an effort to increase their leverage in workout negotiations and  more...

Effective Management of Off-Site Employees ...has evolved from being a personal convenience to a good business strategy, and now taking our current economic challenges it is a business necessity. It has become an imperative to effectively manage employees who are not reporting daily to the normal work site. This 90-minute teleconference will discuss how to properly manage off-site employees, the pitfalls to telecommuting and the policies  more...

Implications of Scott v. Harris on Police Vehicle Pursuits and Beyond ...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 consider  more...

Major Issues in WiMAX Tower Leases and Zoning ...eased rent is required to add the WiMAX antennas. WiMAX has unique zoning issues, due to not getting the special treatment granted phone companies. In California and states with similar laws, required environmental reviews may have to examine the entire proposed WiMAX antenna network. WiMAX companies may raise discrimination or other claims, such as claiming protection under federal cell  more...

Metadata Scrubbing and Mining - Legal, Ethical and Practical Implications ...ith opposing counsel's and adverse parties' metadata that has fallen into your lap. This teleconference will not only cover the key legal, ethical and technology issues; but it will also consist in large part of real-time demonstrations of metadata cleaning and analysis software, proper use of tracked changes, and some do's and don'ts of electronic redaction. This teleconference will be  more...

When Worlds Collide - Bankruptcy and Probate ...e death of a debtor while a bankruptcy proceeding pending has on that proceeding, (d) understand how the Bankruptcy Code's automatic stay provisions affect a probate proceeding and (e) when a disclaimer by a beneficiary of a testamentary bequest or devise, an intestate inheritance or a nontestamentary disposition may or may not be set aside in the beneficiary's bankruptcy proceeding.  more...

Social Networking in the Workplace: Policies, Monitoring and Discipline Issues ...g via online tools such as MySpace , Facebook and Twitter has exploded in popularity over the last few years. According to an October 2008 survey, 51 percent of employees accessed social networks at least once per day at work; many of them did so for an hour or more per week. Despite these numbers and the risks inherent in employees using social networking tools, such as harassment,  more...

Effective UCC Search Strategies to Minimize Risk ... 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 will want to search for those liens. Notwithstanding the recent revisions to Article 9 of the Uniform Commercial Code (the law that governs most  more...

Creating a Payroll Manual: Putting Your Procedures into Writing ...has always been complicated due to compliance issues but with addition of technology, payroll processes have become more involved. This has put payroll professionals in a position to get stuck in the 'get the payroll out' each week rut. This teleconference is going to help you create and write complete process documentation that would allow any associate in your department be able to do all  more...

Managing External Health Information ... or thereafter - and in some cases even after the patient has been discharged. It may also come in the form of information deliberately requested from outside parties but the receiving provider is unsure about whether to incorporate that information into its legal patient record. Customarily, many providers have felt compelled to accept such information but they have been uncertain where to  more...

Dynamic Tips for Effective E-Discovery ...-Discovery is the buzzword in litigation and it certainly has earned this status, but its notoriety can at times belie the legal community's tender grasp of its many complexities and implications. Paralegals and legal assistants - the 'case managers' during discovery - are perhaps the people most dramatically impacted by the way electronic discovery continues to change case workflow, yet many  more...

Motor Vehicle Searches: Impact of the Arizona v. Gant Decision ...cident 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 recently, the court has created constitutional rules that allow police to search motor vehicles even without  more...

Paperless Payroll: Essentials to a Seamless Transition ...ut eliminating employees. The notion of paperless payroll has come a long way since the introduction of direct deposit in the 1970's, but despite the advances, most companies are still distributing paper checks, pay advices and W2s. In this teleconference, we'll take a look at the cost saving potential of a fully paperless payroll process; the range of obstacles organizations face, from  more...

Practical and Legal Aspects of Real Estate Auctions nIn today's uncertain real estate economy, many real estate developers, investors and fiduciaries are holding surplus inventory with poor turnover performance and a grim outlook on return on investment. The carrying costs to maintain the property during a lengthy conventional brokerage sale weaken the asset's physical properties and investment potential. Real estate auctions have been a viable  more...

Understanding the New Penalties for Tax Preparers ...ce 2007. The standard of care needed to avoid the penalty has been raised, the penalty is greater and the reach of the penalty is broader. In addition, there are various other penalties and rules of conduct you must be aware of and new guidance has been issued in several of these areas in the past year. It is imperative that you understand these penalties and have systems in place to prevent  more...

Introduction to New ICD-10 Coding: Preparing for Implementation ...l Classification of Disease and Operations, Ninth Edition has out-lived its usefulness for capturing morbidity and mortality amongst the world population. Most developed nations transitioned to ICD-10 several years ago, but because of the tie of ICD-9-CM to payments in the United States there have been a series of delays in the US implementation. As the US moves a lightening speed towards an  more...

FCRA and FACT Act Regulatory and Litigation Update 2009 nIn the last year, new federal rules under the Fair Credit Reporting Act and Fair and Accurate Credit Transactions Act have become effective. These rules restrict cross-marketing by financial institutions and other companies; impose new requirements on companies that use credit reports; and require lenders and others to establish new fraud prevention programs. In addition, a spate of federal court  more...

Smoking Discrimination in the Workplace: On and Off the Clock ...nds at the employer's property line, and that an employer has no business regulating whether applicants or employees smoke off-duty, away from the employer's premises. They caution that if an employer can regulate an individual's off-duty smoking habits at home or even on vacation, the "slippery slope" could lead to an employer's regulating employees' eating habits, exercise programs and other  more...

Developing an Effective Property Management Plan ...has changed dramatically. Are you interested in making more money? Having more free time? Living life with less stress? If you are a professional HOA property or community manager, or if you are thinking of becoming a HOA property manager, you will want to know what's new in property management. Become acquainted with the newest technology and how you can profit successfully. Understand the  more...

Crisis Intervention Team Training for Law Enforcement for the 21st Century ...ter without use of force. Training law enforcement in CIT has existed for more than two decades and more than 400 agencies have some form of CIT. Budget cuts and depletion of manpower are often cited for not having police programs in place. With the growing population of citizens with mental illness and/or substance abuse, developmental disabilities, and juvenile and elderly issues, law  more...

Navigating the Troubled Construction Project: Recognizing, Analyzing and Handling the Risks ...has given rise to a massive increase in the number of troubled construction projects. Whether trouble arises from the withdraw or lack of funding or a failure in performance of the contractors, subcontractors and suppliers to perform, the reality is that each project represents unique challenges that must be met head on. This teleconference presents the issues surrounding the project and is  more...

Demand-Side Water Conservation Initiatives ...ng water demands with dwindling water resources. Our team has a proven track record in water conservation and drought preparedness evaluation and implementation to help your organiza¬tion achieve water efficiency objectives. This teleconference will help your organization understand the factors causing the problems and provides tested, workable solutions to address them. Without demand side  more...

IRS Form 1040 - Schedule D Update ...ousing market, home foreclosures and worthless securities has affected most taxpayers. Preparing the 1040 Schedule D is challenging for even the most efficient tax professional. By attending this teleconference, you will be reminded of the proper reporting procedures for some of the more challenging Schedule D items affecting many taxpayers in today's economy. Information will include key  more...

Why Is This Guy Still on My Health Plan? ...l cast light on an area many employers overlook but which has the potential to create significant exposure - that is, failing to coordinate a company's leave policies with the eligibility and termination provisions of its benefit plans. This results many times in inactive employees (inactive usually because of a disability or other leave of absence) lingering on employer's health and other  more...

Water Well Rehabilitation - Technical Considerations and Economic Advantages ...has discouraged high-volume water well owners, including municipalities, water companies, industrial entities and other large well owners, from incurring the cost of installing new wells. However, the decline of the economy has not reduced the requirement of water purveyors and other well owners to provide a safe and dependable supply of high-quality groundwater. Recent drought conditions in  more...

Tenancies in Common - Legal and Practical Issues ...e last five years, the tenant-in-common offering industry has grown to approximately $5 billion in annual equity raised. While specific data is hard to find, industry experts estimate that between $10 billion and $12 billion has been raised and spread across more than 2,000 offerings. In the last year, the number of materially under-performing TIC transactions has increased. As the commercial  more...

Brownfield Redevelopment and LEED. in 2009 - What Happens When You Mix Green and Brown? ...iness have witnessed how the redevelopment of brownfields has increased over time due to the market realizing the ability to make a return on investment on contaminated properties. In effect, the value of a cleaned-up property is no longer stigmatized by experienced investors and developers because of our mature position on the learning curve. Conventional wisdom was the costs incurred for  more...

Tax Law Research Best Practices ...document and decisions. Each of these elements of tax law has a different precedential value to the practitioner. Moreover, tax law is an area that changes constantly. Congress and the states regularly amend tax laws, and the Internal Revenue Service adds or amends its regulations to changes in the code. Courts and administrative panels will decide how the laws and regulations are applied to  more...

Effective Utilization of Employee Waivers nEffective employee waivers establish employee expectations and protect employers from liability for employment-related claims such as discrimination, harassment and retaliation, as well as contract claims and tort claims such as defamation and invasion of privacy. Pre-employment waivers put employees on notice of employment screens such as background checks and drug testing. During employment,  more...

Doing Business in Texas? An Overview of the Texas Margin Tax ...s of the tax. Beginning with reports due in 2008 all this has changed with the revised Texas Franchise Tax, known as the Texas Margin Tax by everyone but the Texas Comptroller's Office. The Texas Margin Tax raises a variety of issues for tax executives ranging from the tax provision to the overall legal entity structure of the company. For companies operating in Texas, either currently or  more...

Payment Fraud nAs a business owner, how do you know your customers are who they say they are? How do you know if the payments they are making to you, using credit cards or ACH, are good? Fraud is on the rise, with a tough economy and the abundance of malware in the market today, it is only a matter of time before your company becomes a target. As a business owner you need to understand the signs to look for  more...

Differing Site Conditions ...as between those subtrades if BIM is in use. However, BIM has only been used in the most complex and high-dollar construction projects to date as the investment, both for the initial start up costs in software and training, and in the data input is not insignificant. Accordingly, for those projects that are not using BIM, differing site condition claims continue to be an issue of serious  more...

FASB Statement 157 - Fair Value Update on Corporate Asset Valuation ...ated by FASB 157 could be challenging for companies - and has been in some cases - the rule aims to make it easier to communicate value to shareholders. This teleconference will provide an overview of SFAS 157 guidelines, including the new definition of fair value, defensive value and the three-tier hierarchy. We will discuss measurement assumptions, disclosure requirements and summarize the  more...

Handling Federal Garnishments from Receipt to Termination ...has received a garnishment, whether for taxes, child support or general creditors. Failing to follow garnishment laws can be very costly for employers, and thus it is critical to carefully follow the requirements of any garnishment. This teleconference will explain the different kinds of garnishments under federal law and their use and limitations. It will provide you with a common sense and  more...

Unrelated Business Income Tax - Tax Information for Charities and Other Nonprofits ...haritable sector by federal and state regulatory agencies has mandated that professionals take a proactive approach into all aspects of this important and very diverse sector. The tax-exempt community is under a microscope. Problems that a few years ago might have gone unnoticed now get picked up and widely broadcast. Recent IRS compliance initiatives in governance, transparency, abusive tax  more...

Form 706: Estate Tax Return Fundamentals ...h will be transferred over the next 15 years. If a person has been fortunate to amass significant wealth, the government imposes a tax when the person transfers their wealth at death. In 2009, if a person's gross estate plus adjusted taxable gifts equals or exceeds $3.5 million in value, a Form 706 must be filed. In the teleconference, you will learn the rules applicable to properly preparing  more...

Design Tips for Rain Gardens: Storm Water and Runoff Control ... George's County, Maryland, in the early 1990's. Research has shown that their cousin, bioretention, does a very good job of reducing pollutant loads, reducing runoff volumes and increasing infiltration, spurring regulators to look favorably on these practices. What these systems look like, how they work, where to locate them, how deep and how large their footprint should be, the best  more...

Mitigating the Impact of Construction Projects: Hurdles to Project Success ...ell as accountability on the project after the contractor has broken ground. This teleconference is critical for owners, contractors, subcontractors and designers who wish to minimize project risks, reduce project costs and delays, and eliminate common barriers to project success. n nLearning Objectives n- You will be able to identify and recognize project risks. n- You will be able to tell  more...

Tax and Estate Planning for Clients Relocating to Florida ... weather can be too much to resist for some, but the move has consequences. Tax laws in Florida are generally much more favorable than the laws of the state the client is departing. Similarly, the laws impacting asset protection planning are generally more protective of the client's assets. In addition, out-of-state practitioners must be aware of some unique laws concerning a person's homestead  more...

Designing Effective Interest Rate Risk Management in Turbulent Times ...has created challenges in managing risks while making a profit. Our tools for risk measurement were in place to help us take action to avoid as much of the impact as possible; yet a review of bank interest margins in the wake of massive rate reductions shows that bankers have a ways to go when using the interest rate risk information to make decisions. n nDuring this teleconference, we will  more...

Updating and Maintaining Wills, Trusts and Estate Plans for the Evolving Client ...has two primary focuses. The first part will highlight issues and opportunities for a drafting attorney to revisit and update an existing client's estate plan or prepare an update for a new client with existing documents. This part will focus on when and why clients need to review and revisit their estate plans and how to spot those issues for existing and potential clients. The second part  more...

Current Issues in Construction Lending ...nd to lease-up commercial buildings, the focus of bankers has shifted to portfolio management as opposed to new business development. With this in mind, this teleconference will review loan portfolio techniques and strategies required to stay on top of troubled borrowers who cannot sell their products. Some of the techniques include performing adequate interest carry analysis, understanding  more...

Maximizing Innovation and Design Process Credits for LEED. Certification ...rocess section. The IDP section and qualifications policy has been reworked under the 2009 revisions to the LEED® program. n nThe information in this teleconference is important to anyone involved with major green building projects and is useful for building professionals who will engage in more lengthy training to become LEED® accredited professionals. n nThe U.S. Green Building Council is  more...

Pros and Cons of Cost-Plus vs. Fixed Price Contracts ... disadvantages to each. n nThe current economic situation has imposed great strains on the construction market. Every project and every industry participant has felt the impact. In this environment, it is critical for owners and contractors to understand how the adverse economic climate may impact the legal rights and duties that apply to a construction project. n nLearning Objectives n- You  more...

The Streamlined Sales Tax Project - How and Why It Affects Your Business ...voluntary program for taxpayer participation, legislation has been introduced in Congress to make it mandatory. If the SSTP becomes mandatory, it would effectively eliminate the physical presence standard established in Quill. Therefore, under an economic nexus standard, taxpayers would be required to collect sales tax on all sales, regardless of whether they are physically present in a state.  more...

Managing Risk and Investments for Trustees and Other Fiduciaries ...investment performance will only be raised when the trust has sustained losses. Further complicating the matter, such litigation may not occur for many years after the initial investment decisions in question were made, and the people involved in those initial decisions are no longer living or employed by the fiduciary. This teleconference will discuss those areas that have presented the  more...

Hot Topics for 501(c)(3) Organizations ...has been a lot of talk about the revised Form 990 and it's finally here! Whether you love it or loathe it, you can't put it off any longer. We will spend a majority of the time talking about some of the hot-button issues that the new form raises both in terms of simple compliance and in communicating with and involving your board. But wait, there's more! After this teleconference, you'll also  more...

Employee Retaliation: Supreme Court Update nThe mere mention of retaliation in the workplace today sends waves of concern 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  more...

Common NEPA Mistakes and How to Avoid Them ...has been the cornerstone for environmental protection in the United States. To implement NEPA, federal agencies must prepare environmental impact statements or environmental assessments to study the impacts of their proposed actions. Unfortunately, some federal agencies, their consultants and affected citizens do not fully understand the regulations, legal interpretations and practices for  more...

Investing IRAs and Qualified Plan Rollovers in Real Estate, Franchises, Start-Ups and Other Private Investments - Techniques and ...manage or otherwise be personally involved in. This trend has accelerated in recent years as syndicators, entrepreneurs, private fund managers and franchisors have come to view IRAs and qualified plan rollovers as sources of capital. This raises significant policy and enforcement issues for government regulators, especially with the advent of large Roth IRA's. By attending this teleconference,  more...

On-Site Power Generation: Challenges, Opportunities and New Developments nMission critical operations include electronic trading operations; semiconductor manufacturing (clean rooms); pharmaceutical plants; hazardous biological or chemical labs; military, defense and government facilities; certain security or public safety related projects, including 911 call centers, emergency or disaster response centers; airport air traffic control towers; and other critical  more...

Current Trends in Transit-Oriented Development ...itive market conditions. Evidence in Denver, for example, has shown that TOD properties over the past two years have increased significantly while the overall market across the region has fallen. This teleconference will help you to better understand what TOD is and how it will benefit under President Barack Obama's plan for a national economic stimulus. You'll find out what states, regional  more...

Using Medical Certifications to Minimize Employer Liability: FMLA, ADA and Workers' Comp ... 1990, proactive and proper use of medical certifications has proven to be a valuable tool to protect employers from liability under the ADA, the Family and Medical Leave Act of 1994, and state workers' compensation statutes. But the legal landscape for managing employee health issues has had many changes in recent months. Amendments to the ADA took effect January 1, 2009. The Genetic  more...

Estate Planning for Vacation Homes nSummer and holiday gatherings at the family vacation home have become important traditions for many families. Providing a place where family members can relax, reconnect and escape the busy pace of life is increasingly significant to many families. Parents want to perpetuate these cherished memories and experiences throughout the generations. To do so requires careful, thoughtful planning by both  more...

Payroll Recordkeeping: What You Need to Know ...has been an explosion in the number of lawsuits and claims for overtime and unpaid wages under the Fair Labor Standards Act. Did you realize that liability for FLSA violations can be enormous? Recent reports estimate that over the last few years companies have collectively paid out more than $1 billion annually to resolve FLSA claims! Learn the role of the FLSA and its requirements as to the  more...

Overcome Your Competition: Stand Out in a Crowded Marketplace ...ottom-up sales approach versus the top-down approach that has proven to be more effective. Even the best sales skills, or sales approach, even the quid pro quo approach, is not effective if applied to the wrong people. As economic conditions become more challenging, salespeople have to improve their approach and really focus on the value they can offer decision makers. Relationships must be  more...

Strategies Short of Foreclosure: Real Estate Short Sales and Beyond ...sings, lending and sales. Whether your real estate market has experienced a bubble burst or merely a fizz, your practice has been affected by slowing markets, the subprime meltdown and the record number of foreclosures. In response, mortgage lenders are increasingly entering into negotiated settlements to accept less money than is owed on a mortgage as an alternative to foreclosure. While the  more...

Tax Due Diligence in Acquisitions ...ered, and that the responsibility for the tax liabilities has been allocated to the appropriate parties. This teleconference will help persons responsible for negotiating sales and acquisitions and their tax professionals determine how to go about diligence of tax matters to uncover tax risks and expected tax treatment of the target company's operations post acquisition. This teleconference  more...

Alternatives to Reductions in Force ...and labor relations challenges. While the economic crisis has caused numerous companies to consider restructurings in response to a turbulent business environment, there are compelling business and legal reasons to consider alternatives to layoffs. This teleconference will address the legal and business cases for considering alternatives to layoffs and will discuss several potential  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...

Defining Electronic Data Terminology and Concepts nElectronic discovery has fundamentally altered both the corporate and legal worlds. The discovery and production of electronic records is now expected by litigants and courts alike. Attend this session and learn how to determine what is "electronically stored information" and proven methods for litigation readiness in the e-discovery era.  more...

Religious Accommodations in the Workplace nTo avoid lawsuits, contain costs and keep good employee morale, U.S. companies must effectively meet their legal duty to properly accommodate religion in the workplace. This is particularly true because of the rapid growth of religious cultures in the U.S. and the increasing awareness of religious workplace accommodation rights by employees. This teleconference is designed not only to update  more...

AIA and ConsensusDOCS Contract Documents: Comparison and Contrast ...cuments published by the American Institute of Architects has been substantially revised. The new family on the block, the ConsensusDOCS, represents an effort by a broad industry coalition of construction industry interests (owner, contractor, subcontractor, and insurance and surety interests) to develop by a consensus process and comprehensive set of standard forms. These standard forms can  more...