I Have Been Telephone Seminars - Training Resources

Telecommuting: The Next Wave of Wage and Hour Litigation BenefitsMany employers offer their employees the opportunity to work from home either on a regular or temporary basis. While the flexibility of a telecommuting arrangement can benefit both the employer and the employee, allowing a nonexempt employee to work at home can lead to a minefield of wage and hour issues that you must carefully navigate to avoid potential liability. As telecommuting has  more...

Drafting Document Retention Policies BenefitsThere can be little question in today's world that a thoughtful, well-designed document retention policy is a must for every corporation. Yet many have failed to take this important step to protect their companies. And many more have failed to effectively implement their document retention policies after they have been adopted. The cost of these shortcomings is significant. A corporation  more...

Implementing a Health Risk Assessment for Your Health Plan: What Works, What Doesn't, What's Legal BenefitsMaybe you've heard about health risk assessments and wonder if they're a good idea for your organization. Or you've been tasked with implementing a health risk assessment as part of your health plan and don't know much about them. You have a lot of questions such as 'How can a health risk assessment help control health care costs?,' 'What makes for an effective health risk assessment?,'  more...

ConsensusDOCS Contract Fundamentals BenefitsIn the fall of 2007, the Associated General Contractors of American and the Construction Owners of America folded their AGC contract documents program into a new organization and issued a new series of contracts called the ConsensusDOCS. These forms, some revised and some entirely new, were issued at nearly the same time as the American Institute of Architects' 2007 revision of the AIA  more...

Retaining Wall and Slope Design Considerations BenefitsLow cost sites ideal for development are becoming scarce as growth continues to increase in high density population centers. As a result, sites considered less ideal (small sites, sites with limited right-of-way, and/or sites with excessive topographic relief, etc.) are becoming more attractive. As a result, the design and construction of retaining walls and slopes are becoming more  more...

Gatekeepers & Voice Mail: How to Reach Your Prospects Directly BenefitsIf on your prospecting calls you leave voice mails that are not returned, if your introductory emails are deleted and/or if you have been screened out by ruthless gatekeepers, then this information-packed teleconference is a must. Decision makers today are busier than ever and less accessible than ever in history. Gatekeepers screen calls, spam filters trap emails and voice mail blocks  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...

The Answer to Reactive Attachment Disorder BenefitsAttachment to a loving caregiver is the foundation for healthy brain development. Trauma, abuse, neglect and loss de-rails normal neural connections. Chaotic inappropriate behaviors result when this occurs. Nancy Thomas is renowned for keeping audiences on the edge of their seat as she brings home the powerful message of hope and healing for children struggling with the challenges of  more...

Medical Records Releases, Retention and Confidentiality Requirements BenefitsMedical providers and others (health plans, vendors, etc.) who retain medical or health records are often subjected to complex and conflicting requirements to maintain the confidentiality and restrict the disclosure of the information. Complex and overlapping rules and regulations impose rigid requirements that must be met before information is released, and require medical record  more...

Living With Uniform Prudent Management of Institutional Funds Act (UPMIFA) BenefitsAs of March 19, 2009, 29 states have adopted UPMIFA as law and the Uniform Act is presently pending in an additional 16 jurisdictions. By the end of 2009, in most of the United States, attorneys representing nonprofit institutions and those who donate to them and their endowment funds will be governed by new state law which replaces the Uniform Management of Institutional Funds, which had  more...

Dealing With Employees Who Have Been Charged With a Crime BenefitsOne of the most perplexing problems that can confront an employer arises 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  more...

Construction Contract Bid Errors BenefitsThe pressures on contractors to obtain work have never been greater. The competition for contracts, often coupled with precarious financial health, leaves very little margin for error - yet bid mistakes are on the increase with adverse consequences for owners, contractors and subcontractors. This teleconference analyzes the legal consequences of bid errors and how to avoid them. Those who  more...

Slope Stabilization: Best Practices and Challenges BenefitsThis teleconference will address the types of slope stabilization failures and techniques used to avoid failures by the application of best practices. There are well-established engineering principles for the design and maintenance of stable slopes. This teleconference summarizes practices to overcome challenges to enhance slope stability. Many engineers are faced with challenges to  more...

Collection Issues for Condominium and Homeowners' Association: Legal Tips, Concepts and Current Trends in Assessment Collection BenefitsThis teleconference will address relevant legal issues and practical considerations related to the collection of assessments for condominium and homeowner associations. Given current economic trends, the suppressed housing market and rising rates of foreclosures and bankruptcies, homeowners' associations are now inundated with delinquencies and legal issues in degrees not previously  more...

Fair Housing Act: 2009 Hot Topics BenefitsThis teleconference will focus primarily on the areas of the Fair Housing Act that are, and have been, receiving the most attention in the courts in the past several years: disability rights and familial status. The program, which focuses on multifamily dwellings, both rental and condominium-type ownership, is intended to provide information to those performing acquisition due diligence,  more...

Current ERISA Fiduciary Issues for Financial Institutions BenefitsFinancial institutions have long been faced with difficult and complicated issues under 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  more...

Obtaining a Portion of the Stimulus Grant Funding BenefitsThis past year the federal government 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  more...

Reductions in Force Litigation Update BenefitsWith the continued recession, employers have been faced with significant challenges to reduce costs. Since personnel accounts for a major proportion of overhead, one possible area of consideration is that of a reduction in the workforce. While reaching and implementing such a decision will, in optimum circumstances, involve significant input from counsel experienced in both employment and  more...

Providing Investment Advice to Retirement Plan Participants Without Triggering Liability BenefitsThe current recession and volatile financial markets highlight the importance of financial literacy. Until recently, retirement plan sponsors have been constrained in the types of investment advice that can be provided to plan participants. Plan sponsors have long wanted to provide the investment advice their participants desire, but without incurring liability for advice given in good  more...

Understanding the Complexities of OCIPs and CCIPs Insurance Programs BenefitsOwner-controlled insurance programs and contractor-controlled insurance programs, sometimes referred to as wrap-ups, are becoming more popular, as they can result in significant savings if properly structured and managed. While historically available only on the largest of projects, more recently these programs have been used on projects as small as $25 million in construction costs.  more...

Social Networking in the Workplace: Policies, Monitoring and Discipline Issues BenefitsSocial networking 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  more...

Creating a Payroll Manual: Putting Your Procedures into Writing BenefitsPayroll 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  more...

GASB Statement No. 51: Rules for Intangible Assets Come to Governmental Entities BenefitsIntangible assets have been present in government operations for many years, but until now there have not been specific rules on how governments were to account and to report for these assets. GASB Statement No. 51 changes this situation. We now have specific rules on how to account and report for these types of assets. These rules go beyond what is typically found in the private sector as  more...

Managing External Health Information BenefitsMany health care providers remain frustrated and uncertain about how to handle external health information. This information may come in the form of unsolicited health information - i.e., information that is volunteered by patients or by other health care providers, either at the time the patient arrives for treatment or thereafter - and in some cases even after the patient has been  more...

Collection Techniques for Landlords BenefitsFor many commercial landlords, consistent receipt of rent and other tenant charges is the key to their business. However, as a result of the recent economic downturn, fewer commercial tenants are making these payments on time and in full. Most leases specifically outline collection techniques and security mechanisms (such as security deposits and guaranties), but landlords are finding that  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 nSignificant changes have been made to the preparer penalty of IRC §6694 since 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  more...

Introduction to New ICD-10 Coding: Preparing for Implementation nThe International 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  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...

SAS 70 Requirements, Obligations, and Audit Survival Best Practices nToday's regulatory requirements are forcing corporate customers to become more aware of their vendors' internal controls and security than ever before. Maintaining an up-to-date SAS 70 report based on an audit of the effectiveness your organization's control objectives and activities can help satisfy these customers' concerns. To successfully navigate the SAS 70 audit process, it is important to  more...

Tenancies in Common - Legal and Practical Issues nDuring the 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  more...

Management and Protection of Wetland Buffers nBuffers are upland or riparian areas that separate wetlands or other aquatic resources from upland areas, which are often found in developed or agricultural states. They are very critical to the ecological integrity of the wetlands and typically consist of native plant communities that reflect the local landscape and ecology. They perform a variety of habitat functions for wildlife and other  more...

Writing Construction Specifications: Formats and Practices nAfter a facility's design is complete and construction products have been selected, construction specifications must be prepared that are clear, correct, complete and concise. Specifications also need to conform to recognized standards for formats in order to be expediently produced and used. This teleconference is an overview of current construction specification formats and writing practices,  more...

Understanding LEED. for Existing Buildings Operations and Maintenance nThe U.S. Green Building Councils' LEED® for Existing Buildings' program goal is obtaining higher performance in buildings that have already been constructed and are currently in operation. LEED® EB emphasizes maximizing operational service and efficiency while minimizing environmental impacts. The system addresses whole-building energy and water use, indoor comfort and air quality, cleaning and  more...

Impact of the New ADA Amendments on Schools nOn January 1, 2009, new federal legislation took effect that dramatically expanded the range of individuals eligible for protections guaranteed by the Americans with Disabilities Act of 1990. ADA specified the rights guaranteed to individuals broadly qualified as "disabled." These rights applied to the areas of hiring and working conditions for all employees and also to students eligible for  more...

Form 706: Estate Tax Return Fundamentals nAmericans have been able to accumulate wealth. It is estimated more than $10 trillion dollars in wealth 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  more...

Design Tips for Rain Gardens: Storm Water and Runoff Control nRain gardens have been used to beautify landscapes while improving runoff quality since their inception in Prince 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  more...

Workplace Flexibility: Innovative Strategies for an Evolving Workforce nOver the last three decades, the needs of the American workforce have changed dramatically. In response, many businesses have turned to workplace flexibility in order to recruit and retain the best workers, boost productivity and increase their competitive advantage. At the same time, policymakers in Washington have been exploring various approaches for increasing access to workplace flexibility  more...

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

Criminal Liabilities Under HIPAA-Who Knew You Could Go to Prison? nMany hospitals, physician offices and other covered entities have been surprised to learn that HIPAA rules provide for criminal penalties - up to 10 years in prison for intentional violations! Health plans, health care clearinghouses, health care providers and Medicare prescription drug card sponsors may be prosecuted criminally for HIPAA violations. n nWith ID theft on the rise, prosecutors are  more...

The Streamlined Sales Tax Project - How and Why It Affects Your Business nThe Streamlined Sales Tax Project is an effort by state representatives to implement a national uniform, simplified system of sales and use tax compliance. After more than five years of their efforts, the Simplified Sales and Use Tax Agreement came into effect on October 1, 2005. The SSTP now includes 19 full member states and three associate member states. Although initially taking effect as a  more...

Conducting Successful HR Audits nIncreasingly, human capital is an organization's most important asset - it's certainly one of its largest expenses. Yet many of the management techniques and assessment tools used to manage and assess other assets and processes of the organization have not been applied to HR. That is changing. As the implications and risks of misaligned, mismanaged and unlawful employment practices become more  more...

Current Trends in Green Lending nDon't let the housing market slow down get you down. Learn an exciting new business opportunity while aiding the environment. Green lending, also known as Energy Efficient Mortgages, have been around for more than decade but have been seldom used. With the growing concerns over the nation's addiction to imported oil and climate change there is a new push to create a greater market demand for this  more...

Same-Gender Marriage Rulings: Impacts on Employee Benefit Plans Across the Nation nIn May 2008, the California Supreme 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  more...

Payroll Recordkeeping: What You Need to Know nIn recent years there 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  more...

Sustainable Development and Land Use: The Future is Here and it is Green nBuilding green was for years entirely voluntary. The U.S. Green Building Council's LEED® program and other high performance building rating systems are not legislated by any governmental entity and they are not designed to be mandatory. But thanks to an explosion of state legislation and local ordinances across the country, green building methods and requirements have now been given the force of  more...

Strategies Short of Foreclosure: Real Estate Short Sales and Beyond nRecord numbers of foreclosures have radically changed the residential real estate market in the last year and affected all aspects of the practice of residential real estate law, real estate closings, 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  more...

Controlling Purchasing Card Risk nPurchasing cards are used by many corporate and governmental organizations to acquire low-value goods and services from suppliers in a cost-effective and timely manner. Purchasing cards expedite payment to suppliers and reduce or eliminate the paperwork associated with requisitions, purchase orders, invoices and checks. Estimates of cost savings by use of purchasing cards are commonly estimated  more...

Tax Due Diligence in Acquisitions nBuyers and sellers of businesses typically are focused on getting the deal done and the relative economic benefits to each. They often fail to consider potential undisclosed tax liabilities resulting from pre-closing operations, and rarely want to hold up negotiations thinking about the "what ifs." However, when the "what ifs" turn into "what now," it is important that potential tax risks be  more...

AIA and ConsensusDOCS Contract Documents: Comparison and Contrast nHardly a business day goes by in the construction industry when the parties involved in the construction contracting process encounter standard form contract documents. Two of the principal sources of such standard form construction contract documents have both recently issued the 2007 editions of their respective families of contract forms. The long established family of documents published by  more...