Law Telephone Seminars - Training Resources

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

California's New State Court E-Discovery Rules: Do Try This At Home ...June 29, 2009, Governor Arnold Schwarzenegger signed into law AB 5, California's first set of statutes designed to address the realities of electronic discovery. AB 5 added two new statutes to the California Code of Civil Procedure and amended 19 pre-existing CCP sections. On August 14, the Judicial Council followed suit by amending Calif. Rule of Court 3.724 to require early meet and confer  more...

Ethical Implications for Attorneys Transitioning to New Firms ...fitsIn today's legal market, attorneys transition between law firms and other professional associations with great frequency. The movement of attorneys implicates some fundamental ethical issues, such as confidentiality and conflicts. Not knowing and understanding these ethical issues and implementing procedures to avoid a violation of the pertinent rules may lead to claims against the  more...

The Art and Science of Ethically Firing a Client ...thical and fiduciary considerations come into play when a lawyer seeks to withdraw from ongoing representation of a client. This teleconference will provide a detailed discussion of those ethical rules, as well as the impact of withdrawal on relationships with the court, implications of common-law fiduciary duties and the ever-important consideration of getting paid after withdrawal. What are  more...

Assignments for the Benefit of Creditors: What You Need to Know About ABC's ...general assignments for the benefit of creditors, a state law alternative for the liquidation of a distressed 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  more...

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

Legal Ethical Issues BenefitsEthical issues present themselves in all aspects of an attorney's professional life. Knowledge of these ethical standards will assist you in properly representing a client and at the same time protect you from the adverse consequences of a violation of the ethical standards. This teleconference will provide an overview of typical ethical issues affecting the various areas of the practice  more...

Mechanics Liens in Massachusetts: Protecting Your Lien Rights in Uncertain Times ...e mechanics lien process is complex and must be executed flawlessly in order for liens to be perfected. In turn, the Massachusetts mechanics lien law is often confusing, even to lawyers who are not expert in its detailed provisions. By attending this teleconference you will learn how contractors, subcontractors and suppliers can protect their payment rights by using mechanics liens, and to  more...

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

Living With Uniform Prudent Management of Institutional Funds Act (UPMIFA) ...itsAs 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...

Current Issues in Cell Tower Regulation ... Objectives - You will be able to discuss current federal law and issues on cellular tower zoning. - You will be able to use practice pointers for municipalities and municipal attorneys. - You will be able to identify the basics of wireless technology for municipalities and municipal attorneys. - You will be able to explain the disapproved federal tower backup power rule. Attorneys, planners,  more...

De-Escalation Tactics When Responding to Individuals with Mental Illnesses BenefitsBecause officers have to protect their own safety as well as the safety of others, they often have limited time in which to establish a communication mode that minimizes risk of violence. Agitated individuals can often be directed away from violence by specific communication skills. Verbal de-escalation techniques are geared to 'set up' those being contained so that physical control  more...

A Primer on Social Security Disability Law ...law encompasses the Social Security regulations which span nearly a full volume of the Code of Federal Regulations, many volumes of law reporters, dozens of separately issued Social Security rulings and many volumes of internal regulations. This is why most lawyers do not want to develop an expertise in this area. This teleconference is designed to give you a broad overview of the  more...

Medical Records: Responding to Subpoenas and Investigations ...n realizing it! From HIPAA requirements to state privacy laws, legal issues abound in the medical records arena. If you're not up to date on medical records law, your company could face serious legal and financial liability risks. Attend this teleconference and gain critical information on confidentiality, disclosure, documentation requirements and HIPAA issues you face every day. You'll  more...

Stark Act Update: Recent Changes and Operational Challenges ...law that prohibits several common financial arrangements between physicians and entities 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  more...

Implications of the Stimulus Package on HIPAA ...breach are only two of the many areas affected in the new law, including new requirements for restricting and accounting of disclosures and increased enforcement activity. This teleconference will help you understand what you have to do and when, and what to keep in mind as you move forward in order to be prepared for compliance with the new regulations. The teleconference, newly updated with  more...

Hot Wage and Hour Issues: Assuring Proper Exempt and Nonexempt Classification of Your Employees ...fication of exempt workers at a fever pitch. Thousands of lawsuits asserting violations of the Fair Labor Standards Act or parallel state laws are filed each year and the costs of defending these matters and the damages claimed and paid, whether through trial or settlement, are staggering. These cases frequently involve individual and class action claims that employers have misclassified  more...

Protect and Collect - The Effective Use of Engagement Letters ...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 at the beginning - with the engagement letter. Accountants, CPAs, controllers,  more...

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

IRS Form 5471: Information Return for U.S. Persons With Respect to Certain Foreign Corporations ...g audit proof. In this teleconference, you will learn the law behind and the mechanics of how to prepare a Form 5471. New enforcement policies of the IRS with respect to failure to file Forms 5471 will also be addressed. Accountants, tax managers, accounts payable professionals, bookkeepers, CFOs, controllers, enrolled agents, business owners and managers, presidents, vice presidents, CEOs,  more...

Strategies to Reduce Bullying and Social Aggression ...Increasingly educators, health professionals, parents and lawmakers realize the seriousness of bullying, cyber bullying and social aggression in school. Certain state laws and regulations now hold schools personally responsible for the effects of bullying, including cyber bullying. Whether your school plans to implement one or more bullying prevention strategies, or a comprehensive bullying  more...

Family Limited Partnerships in Estate Planning ...clear on what is the current status of statutory and case law concerning the continued use of these entities. This teleconference will help you learn to identify when the use of this entity for a particular client situation is warranted and what steps to take to maintain or correct an existing family entity to comply with recent changes in the law. This teleconference will also explain the  more...

Current Issues in Real Estate Appraisals ...lue? All federally regulated institutions are required by law to have due diligence and appraisals completed. When this process is short cut, not understood or abused, the financial wheels come off and billions of dollars are at risk. This teleconference will help you understand the appraisal process, identify of risk in appraisals and understand how to asses the risk of your real estate  more...

Recognizing and Addressing COBRA ... - It 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  more...

Sales and Use Taxation of Internet Sales: The Evolving Case Law ...ct to sales and use taxes that are impacted by both state law and federal constitutional principles. This teleconference will help Internet businesses to better understand their sales and use tax obligations and ensure compliance. It will explain the constitutional requirements that must be satisfied in order for a state to impose sales or use tax obligations. It will examine the critical  more...

Federal Tax Classification of Series LLCs ...ensive regulatory processes are involved with a new state law entity. The series LLC also can be used in asset backed securitizations in place of business trusts in those states that treat single member LLCs as disregarded entities but do not treat business trusts as disregarded. It can also be useful for estate planners to avoid multiple LLCs when the senior generation wants different  more...

Internal Controls ...your business. In addition to helping you comply with the law, a good system of internal control can dramatically improve your bottom line. In this 90-minute teleconference, you'll learn about basic internal control concepts that will help you design and implement a system of internal controls that's right for your business. Controllers, CPAs, accountants, presidents, vice presidents, CFOs,  more...

Avoiding Costly Mistakes In Harassment Policies and Investigations BenefitsSexual and other forms of harassment remain a significant problem for employers. Courts and legislatures continue to create new obligations for employers and continue to increase the potential for liability for employers. Many employers continue to have policies and procedures for harassment that are outdated or that actually create potential liability. This teleconference will help you  more...

Implied Obligations in Construction Contracts ...here may be numerous implied obligations that arise under law or in equity. These implied obligations should be carefully considered by owners, design professionals and contractors. These implied obligations apply to most construction and design contracts unless a specific contractual provision is provided in the contract that supersedes each implied obligation. During this national  more...

Effective Legal Writing and Editing for Paralegals ...ength of your case or your knowledge of the facts and the law, your ability to communicate concisely and powerfully is crucial to your success. This teleconference will show you how to focus your writing to a specific audience; how to streamline and strengthen your writing; how to avoid grammar, spelling and punctuation errors that detract from your message; and how to provide meaningful  more...

Pupil Records: Rules, Responsibilities and Requirements ... you navigate the sometimes murky waters of pupil records laws. You will gain not only an overview of the fundamentals of pupil records law and latest developments, but also a practical framework for applying those fundamentals to the issues described above and many more. Whether you are new in the area of pupil records or a veteran seeking to hone your understanding and keep abreast of recent  more...

The UCC Article 9 Update ...rally became effective in 2001, substantially changed the law. Now, with a few years of experience, the case law is beginning to emerge and develop, and practitioners are beginning to identify issues not contemplated by the drafting committee. The changes to the Article 9 filing system were significant and the prevalence of filing cases suggests that secured parties need to be reminded to do a  more...

8 Issues When Doing Business or Contracting With Native American Tribes ...itution 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 tribe. However, there  more...

FAS 117-1: Endowments of Not-for-Profit Organizations BenefitsIn response to the enactment of the Uniform Prudent Management of Institutional Funds Act in most of the United States, the Financial Accounting Standards Board last year promulgated FASB Staff Position No. FAS 117-1. FSP FAS 117-1 provides guidance for nonprofits as to the proper classification of endowment funds when UPMIFA has been enacted and expands the required disclosure about  more...

Options Under Section 504 ...ts. An educational facility's failure to comply with this law and its related regulations can result in a school being assessed with significant liability, including potential loss of federal funds. Unfortunately, Section 504's obligations are detailed in the regulations of several federal departments and agencies that distribute federal funds. This teleconference will pull together the  more...

Conducting Background Checks BenefitsAn ever increasing number of employers are recognizing the benefits that can be derived from conducting background checks on both current and prospective employees. While background checks can be an effective tool for weeding out questionable employees, legal limitations on how such checks can be performed (and how the resulting data discovered can be used) must be understood or otherwise  more...

International Purchasing: Current Trends and Supply Chain Security ...duce risk of liability for third-party violations of U.S. law and other misconduct. The speaker will discuss how to facilitate dealings with U.S. Customs and Border Protection and speed customs clearance of incoming shipments. The teleconference will provide you with an increased awareness and facilitation of compliance with U.S. export regulations. Purchasing managers, attorneys, buyers,  more...

When HOA's and the IRS Compete for Lien Property: Lien Priorities, Perfections and Foreclosure Rights ...law, timing is everything - or is it? If an HOA's statutory lien is perfected by recording its CC R's, then an HOA lien should have priority over a subsequently recorded IRS income tax lien; but does it? When the IRS records an income tax lien, lien priority determinations under state law may be complicated by governed federal laws. This teleconference will discuss HOA lien priority according  more...

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

Medicare Secondary Payer Act - Protecting Medicare's Interest in Insurance Settlements ...bly 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 from parties in receipt of third-party payments, such as a beneficiary, provider,  more...

Covenants Not to Compete and Trade Secrets ...ce will provide an overview and general principles of the law and legal theories related to protecting competitive business interests and confidential business information - one of the fastest growing areas of intellectual property law outside of traditional patent, copyright and trademark concerns. You'll learn about covenants not to compete, nonsolicitation agreements, confidentiality and  more...

Best Practices in Digital Evidence Management: The Impact of Digital Evidence on Law Enforcement and Government Investigations BenefitsThis teleconference presentation is designed to provide you with information on emerging trends in electronic media discovery practices. You will have a better understanding of the litigation aspects of electronic media retention and destruction. This will include the scope of electronic media discovery, trigger mechanisms for electronic media retention, obligations of users and counsel,  more...

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

Current Issues in CEQA ... fight to keep up with the enormous changes in California law and jurisprudence concerning climate change. This teleconference will provide an update on the proposed changes to the California Environmental Quality Act guidelines for mitigation of greenhouse gas emissions as well as their effects on the environment. We will discuss the many changes proposed to the guidelines, issues and concerns  more...

Prevailing Wage Law--An Understanding of The Davis-Bacon Act ...laws have become the principal source for the new wave of employment class actions, which often result in hundreds of thousands of dollars, and in many cases millions of dollars, of recoverable damages and attorneys' fees awarded to the successful litigants and their attorneys - in addition to the substantial amount of legal fees and administrative costs incurred by contractors in defending  more...

Daubert Motions: Challenging Expert Opinions ...ubert 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 give you the  more...

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

From TV to Twitter: Working With the Media During a Crisis BenefitsIn today's media-intensive world, how leaders communicate during a crisis can be just as important - sometimes even more important - than how they manage the problem itself. Whether it's a natural disaster, accident, sensational crime or political controversy, the public and the media demand answers and information now, whether through traditional or new social media channels. Managing and  more...

Collective Bargaining and Construction Labor Contracts ...s. With proper planning and a better understanding of the law, these problems can be avoided. This teleconference will help contractors gain a better understanding of the types of labor agreements they are being asked to sign, as well as the obligations those agreements impose. This teleconference is critical for contractors who want to proactively plan their labor strategies and avoid the  more...

Form 5500 Reporting Update ...investments and operations, unless specifically exempt by law. Filing the Form 5500 will satisfy this. This teleconference will help you understand when you need to file a Form 5500 and what you need to file, and will focus on some recent changes that may impact your filings. Human resource managers, benefits administrators, payroll managers, controllers, finance directors, presidents, vice  more...

Restructuring the Commercial Loan ...ng requires a working knowledge of a number of commercial law aspects, e.g., bankruptcy, transactional and litigation issues. This teleconference will help provide you with an understanding of these issues from inception through the end of the commercial loan restructuring process. Listen to our panel of experienced counsel provide seasoned advice so that you will be able to understand various  more...

Independent Contractor Reporting ...endent contractor status is determined for tax, EEO state law and other purposes, including in PEO and other multiparty situations; the advantages and disadvantages of independent contractor status for both the company and the worker; and how to handle disputes over independent contractor status when they arise. Getting independent contractor status wrong can be very expensive, whether it  more...

Statutory Research and Legislative History for Paralegals ...ntention of the legislative body that passed a particular law. Courts have different approaches to using these unique secondary materials in conjunction with standard rules of statutory construction. This teleconference will explore the methods to research statutes and codes, explain the various documents used by Congress and the states in considering and passing statutes, identify the  more...

Funding Trusts in Estate Planning BenefitsIt is all too common for clients who go through the time and expense of creating a revocable trust to not properly fund the trust. Failing to fund a revocable trust will often defeat the very purpose for creating such a trust, i.e., avoiding probate and the public disclosure of assets. This teleconference will provide an overview of the mechanics of contributing property to revocable  more...

Landlord and Tenant Law: Commercial Tenant Bankruptcy Considerations BenefitsIn today's uncertain economic climate, commercial tenants may find themselves with diminishing cash flows and limited resources to satisfy their obligations to their landlords, leaving both grappling with tough decisions, including whether to renegotiate the existing lease, terminate the lease or exercise other remedies upon default. This teleconference will explore the rights, remedies  more...

Reductions in Force Litigation Update ...put from counsel experienced in both employment and labor law issues, even the best-constructed RIF may well be challenged in litigation. This teleconference focuses on the potential areas of challenge; the manner in which the company can respond and, if necessary, defend itself; and special issues regarding electronic discovery, class or collective actions and the unionized workforce. Although  more...

Tax Treatment of Gift Card and Certificate Sales ...f gift cards also raises a variety of state tax and state law issues. This teleconference will help you identify and handle the numerous federal and state tax issues surrounding the sale of gift cards. Specifically, this teleconference will provide you with insight as to the various issues of concern for the IRS and the IRS' current thinking in connection with these issues. You will gain an  more...

Protecting Attorney Work Product in Communications With Testifying and Consulting Experts ...s can undercut the authority of the expert, embarrass the lawyer or worse. Alternatively, these communications can provide a treasure of cross-examination materials. This teleconference will review the current state of the law on the discoverability of expert communications with a focus on federal treatment of testifying and nontestifying experts. It will also discuss the sweeping changes in  more...

Minimize Risk with Legal Case, Matter and Practice Management Systems ...y. 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 practice management systems and processes can  more...

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

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

Employment Law Compliance: Disciplining or Terminating a Workers' Comp Claimant BenefitsWhether due to legitimate injury or goldbricking, there is no debating that employee absences cost employers in lost productivity, missed deadlines, supervisor stress and tension among co-workers who are required to pick up the slack. Often an employer's plan to discipline or discharge is put on hold when the employee goes out on leave. How can employers deal with these situations? This  more...

Purchasing Law: Breach, Repudiation and Excuse BenefitsYou have survived the battle of the forms or signed a supply agreement but there is a problem - your supplier hasn't delivered, the goods don't work the way they should or you have reason to think that they won't be delivered. This teleconference will provide you a basic understanding about what you can do when your purchase contract goes bad. You will receive a primer on the steps you  more...

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

Metadata Scrubbing and Mining - Legal, Ethical and Practical Implications ... 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, the U.S. District Court for the Northern District of California, the N.D. Cal. U.S. Attorney's Office Criminal Division, the Democratic National  more...

Effective UCC Search Strategies to Minimize Risk ...evisions to Article 9 of the Uniform Commercial Code (the law that governs most consensual security interests), lien searching remains an art. Issues remain regarding what name to search, where to search and how to deal with past transactions conducted by the debtor's predecessors in interest or by the debtor under prior names or in prior locations. In addition, other liens not governed by  more...

New Regulations for the Credit Card Industry: Prepare Now and Avoid Penalties ...is on regulators to be accountable for enforcement of the law and contains increased penalties for card issuers that violate these new restrictions. To learn how you can prepare your organization for this new legislation, join our panel of experts for this teleconference. Mr. Richard L. Fischer and Ms. Obrea Poindexter will provide an analysis of what to expect and what you need to be doing  more...

Don't Bet the Company: Understanding and Avoiding Class Actions in Labor and Employment Law! ...worth millions of dollars once some ferocious plaintiff's lawyers get their teeth into it and add hundreds of additional claims through the simple process of becoming a class action. Not only do you have to pay a huge settlement to a large number of class members, but attorney's fees are added on top of that. A classic example of this concerns overtime payments. Employees may show up early or  more...

ADA Update: Overview of Americans with Disabilities Act and Practical Implications for Employers BenefitsThe ADA Amendments Act of 2008 takes effect January 1, 2009. The new amendments substantially alter and expand the definition of disabled under the ADA and who might be protected. This teleconference will review the ADA amendments and related issues, provide you with practical advice on how to comply with the ADA, and address common ADA and employment issues that may be impacted by the new  more...

Motor Vehicle Searches: Impact of the Arizona v. Gant Decision ... to search a vehicle without probable cause incident to a lawful arrest. Established in New York v. Belton, 453 U.S. 454 (1981), police were permitted to search the interior of the vehicle after arresting a suspect to protect officer safety and prevent the destruction of evidence. After years of a broad interpretation of Belton by both Circuit Courts of Appeals and the Supreme Court itself in  more...

Terminating a Construction Contract: Legal Issues and Considerations ...s. It is important to fully appreciate and understand the law governing termination in order to avoid causing even more economic damage. This teleconference will provide the basic concepts of termination and will provide some examples of the right and wrong way to terminate construction agreements. Learning Objectives - You will be able to distinguish termination clauses from standard form  more...

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

Basics of Trust Administration ...ew of basic principles of trust administration under U.S. law, including powers and duties of trustees; relations with beneficiaries; removal and replacement of trustees; the use of directed trustees, protectors and investment managers, etc., to "slice and dice" trustee powers; probate court involvement in trust administration; and concepts in fiduciary accounting and income tax reporting. The  more...

Paid Sick Leave Update: Policies and Procedures in an Evolving Workplace ...loyer does not already do so. And while currently federal law only mandates unpaid leave for covered employers, in the near future, it is possible that paid-sick leave programs will be mandated by the federal government. How can employers maintain absence-control programs in light of these evolving legal obligations? Learn about what states and localities have laws that address paid sick leave,  more...

An Introduction to Contract Basics nContracts govern the basic business and commercial relationships of most of us, yet for many the basics of contract law remain a mystery. There is often misinformation about such simple questions as "Is a handshake enough?" or "Do all the boilerplate terms of a contract really matter?" This teleconference will address these and many more issues surrounding the formation and enforcement of  more...

Writing an Employee Handbook nAre you overwhelmed with the task of revising your existing employee handbook or of preparing a new employee handbook? Are you unclear about what types of employment policies are required by federal law? Stop worrying and attend this teleconference. You will learn which policies are required by law and what employment laws apply to employee handbooks. Take the first step to creating your employee  more...

California Employment Law Update ...rnia 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 disability and discrimination laws,  more...

Crisis Intervention Team Training for Law Enforcement for the 21st Century ...tes run as high as 1 in 5 (20%) of 911 emergency calls to law enforcement involve some component of mental illness component and many reach crisis level. Typical law enforcement training is focused on projecting authoritative persona, command and control, and follow my directions or else. These tactics often lead to use of force and injury for all involved parties. Some lead to litigation and  more...

Understanding Pregnancy Leave and Return to Work Issues ...law, employers must not treat pregnant employees any differently from other employees. But, what exactly does this mean? Questions often arise as to how much leave a woman may take, what her rights are when she is on leave and what rights does she have when she returns to work. Employers often times are unwittingly violating the law. This teleconference will help you avoid common pitfalls and  more...

Tax Law Research Best Practices ...ive 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  more...

An Overview of Maritime Law Torts ...law is expansive in its reach covering operations in brown water, blue water and offshore industries. The issues are complex and often involve federal and state law conflicts. An overview of maritime law torts addresses the primary and secondary issues arising out of Jones Act, USL&H and OCSLA claims. This teleconference is of practical interest to the occasional and experienced maritime law  more...

Labor Law Update: Preparing for Upcoming Regulations ...laws and strategies regarding a variety of employment-related laws that are in effect or are expected to be in effect for 2009. From the new COBRA rules, FMLA regulations, EFCA and union initiatives, issues involving wage and hour and independent contractors, the latest drug and alcohol testing, confidentiality and security of personnel data, background checks and reference checks, we will  more...

A Practical Guide for Using Litigation Technology During Discovery and at Trial ... at trial is now a requirement for the modern practice of law. Using and managing these complex systems in a cost effective and advantageous manner is a major challenge. This teleconference is intended to provide you with a practical guide to successfully use electronic discovery and trial presentation software; manage large document productions and reviews with technology; control costs for  more...

The New HIPAA Special Enrollment Rules and Related Disclosure Issues ...changes are effective April 1, 2009. In addition, the new law imposes civil penalties of up to $100 a day for failure to comply with the new notice and disclosure requirements. By attending this teleconference, you will learn what the new special enrollment rules are, what plans they apply to, and what you need to do to comply with these rules and when. This teleconference will also discuss the  more...

Preparing for and Properly Reacting To Legal and Illegal Drug and Alcohol Use in the Workplace ...perly can lead to significant liability under federal and law, including the Americans With Disabilities Act and employee privacy laws. This teleconference will help you understand what laws may govern or affect workplace decisions relating to drugs and alcohol. You will also learn how to develop appropriate policies that can be tailored to particular workplaces, train managers on their role in  more...

Handling Federal Garnishments from Receipt to Termination ...pport 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 practical guide for fulfilling the legal imposed by such  more...

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

Tax and Estate Planning for Clients Relocating to Florida ...ch 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 residence both from a  more...

Fetal Alcohol Syndrome in Children ...disabilities, including school failures, trouble with the law, mental health problems and dependent living. Therefore, it is important that children with fetal alcohol spectrum disorders are identified early and receive early interventions. This teleconference will provide a brief introduction to diagnostic and neuropsychological aspects of fetal alcohol syndrome. You'll also get suggestions  more...

401(k) Plan Costs Including Recent Update on Supreme Court Rule LaRue v. DeWolff, Boberg & Associates Inc. ... 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 service fees, decision makers face  more...

The Do's and Don'ts of Telephone Monitoring nMany employers monitor or record employee telephone conversations as a routine part of doing business. This monitoring must comply not only with the federal wiretap statute, but with a variety of differing requirements imposed by state statutes. Since courts in California have changed the rules for telephone monitoring for anyone who makes a call into California and other states with mutual  more...

Uniform Division of Income for Tax Purposes (UDIPTA): Business vs. Nonbusiness Income Tax ...thorities have interpreted that set of relatively uniform laws differently, especially with regard to the definition of business income. The differing interpretations of business income have increased significance to multistate businesses that are in the process of selling assets, liquidating or ceasing operations. This introductory teleconference details the mechanics of UDITPA and how that  more...

Estate Planning Opportunities in an Uncertain Environment nMotivate the reluctant client; freeze the estate value to reduce the estate tax load. How many of us have clients waiting on the sidelines to decide what to do after experiencing 2008? The uncertain times and uncertain market have actually created the perfect time to use some of the advanced planning tools in the estate planner's arsenal. Depressed values for good assets open up the opportunity  more...

Employee Retaliation: Supreme Court Update ...nize 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 employees can bring retaliation claims under Section 1981, a post-Civil War era  more...

Common NEPA Mistakes and How to Avoid Them ...h NEPA. Thus, there are many mistakes in implementing the law. This teleconference will identify some of the most common mistakes made under NEPA and reveal the best ways to avoid them. You'll get practical advice for preparing useful and legally sufficient NEPA documents. This teleconference is critical for federal agency staff, consultants working for federal agencies and others interested in  more...

What the New Ledbetter Pay Act Means for Employers ...law the Lilly Ledbetter Fair Pay Act of 2009, effectively changing the landscape of the statute of limitations for equal pay discrimination claims. The act greatly expands the amount of time that employees have to bring claims of discriminatory pay practices, which could have a substantial impact on employers. This teleconference will help the people responsible for handling their  more...

Using Medical Certifications to Minimize Employer Liability: FMLA, ADA and Workers' Comp nSince the Americans with Disabilities Act was passed in 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  more...

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

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

Restructuring: Changing Your Choice of Business Entity nEach business goes through various stages of its life cycle as it grows. The plans of its owners change, and management succession and exit strategies become more immediate concerns. As a result, initial tax and state law decisions need to be revisited, and when warranted, consideration of changes to a company's tax and legal structure may be advisable or necessary. This teleconference will  more...

Employee Discipline for Conduct Outside of Work ... 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 violating conflict of interest policies, including engaging in unfair  more...

Sustainable Development and Land Use: The Future is Here and it is Green ...methods and requirements have now been given the force of law by inclusion and cross reference within land use laws, zoning ordinances and building codes. This teleconference will identify the compelling public policies underpinning the wave of green building requirements, discuss green building practices, and explore how they are becoming part of the mandatory land use and zoning requirements  more...

Strategies Short of Foreclosure: Real Estate Short Sales and Beyond ...ed 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 foreclosures. In response, mortgage lenders are increasingly entering into negotiated settlements to accept less  more...

Understanding the Rules of Legal Citations ...k, A Uniform System of Citation, published by the Harvard Law Review Association, provides the most widely used, though not exclusive, citation format used in the United States. This teleconference will explore the ins and outs of the Bluebook's citation system, with a focus on understanding the purposes behind the citation rules as well as the mechanics of correct citation format. Although  more...

Issues Surrounding Student Discipline ...and ensuring compliance with applicable state and federal law. It will also help you understand the purpose of the law that regulates student discipline so that you can better appreciate when a policy or practice might pose a potential problem for your organization. n nLearning Objectives n- You will be able to review the constitutional and statutory right to free public education. n- You will  more...

Effective Contract Negotiations: The Fusion of Law, Relationships and Project Expectations ...a written agreement that defines expectations. Purchasing law and other aspects of the legal environment affect the negotiation and the eventual performance of the contract. Effective contract negotiation integrates the legal requirements, clarifies expectations on both sides and fosters constructive relationships. This teleconference introduces an interest-based negotiation model. The  more...

Curbing Unauthorized Overtime Benefits Year after year, one of the most challenging tasks employers face is keeping track of the hours their nonexempt employees work and correctly paying any required overtime premium. When unauthorized overtime occurs, labor costs skyrocket, and businesses face a budgeting nightmare. And when employees perform compensable work off the clock, the potential overtime liability for an employer  more...