May 22 Telephone Seminars

E-Discovery: Subpoenas and Non-Party Production Issues Benefits21st century discovery cuts a broad swath as to electronically stored information (ESI). As the volumes and locations of ESI continue to increase, the discovery universe is typically dominated by ESI. As more and more data storage gets outsourced, a litigating party and its counsel must be agile enough to address a growing number of electronic discovery (eDiscovery) issues and to know how  more...

Paralegal's Guide to Administrative Law Research BenefitsAdministrative law research can be complex given the procedures for creating and publishing rules that have the effect of law. This is true for researching federal and state rules. Agencies also adjudicate disputes that arise under the implementation of their rules and issue written decisions which can affect the interpretation of those rules. The Internet is a source for some of this  more...

Voyage to Discovery: Using Interview and Witness Behavioral Analysis BenefitsAttorneys, investigators, experts, and members of law enforcement meet with people to obtain information to assist in determinations of proximate cause, criminal responsibility, perceptions, recollections and damages. Self-interest and defensiveness provide challenges to information gathering. If the person being interviewed is under oath or on the stand and if, in particular they have  more...

Voyage to Discovery: Using Interview and Witness Behavioral Analysis BenefitsAttorneys, investigators, experts, and members of law enforcement meet with people to obtain information to assist in determinations of proximate cause, criminal responsibility, perceptions, recollections and damages. Self-interest and defensiveness provide challenges to information gathering. If the person being interviewed is under oath or on the stand and if, in particular they have  more...

Medicare Secondary Payer Act: Protecting Medicare's Interest In Insurance Settlements BenefitsPursuant to 42 USC Section 1395y(b)(2), commonly known as the Medicare Secondary Payer Act, Medicare may not make payment for medical benefits where payment has been made or can reasonably be expected to be made under a workers' 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  more...

Resolving Corporate and Construction Disputes with Collaborative Law BenefitsIn today's economy, all business people are looking for ways to cut costs. One budget item that can be substantially reduced is the expense associated with litigation. Corporations can cut overhead and construction companies can avoid unnecessary project delays by getting disputes resolved quickly and economically outside of the courthouse. Litigation involves more than legal fees; there  more...

Domestic Asset Protection Trusts: Fundamentals and New Approaches BenefitsThis live audio conference will focus on the uses, benefits, requirements and differences among the various Domestic Asset Protection Trusts ('DAPTs') permitted under state law and the reasons why one state law may be preferred over another. There will also be a discussion of the most recent applications involving trusts for protection and other uses. Examples include the use of a DAPT as  more...

Domestic Asset Protection Trusts: Fundamentals and New Approaches BenefitsThis live audio conference will focus on the uses, benefits, requirements and differences among the various Domestic Asset Protection Trusts ('DAPTs') permitted under state law and the reasons why one state law may be preferred over another. There will also be a discussion of the most recent applications involving trusts for protection and other uses. Examples include the use of a DAPT as  more...

Anatomy of a Will Contest: How to Succeed at Trial BenefitsThis live audio conference is intended to provide you with information on the strategies involved in contesting wills. The program will cover: The common grounds to contest a will; best practices in investigating and gathering evidence; issues in estate administration while the will contest proceeding is pending; and trial tactics and evidence issues. Armed with these insights and  more...

Covenants Not to Compete and Trade Secrets BenefitsThis live audio conference provides 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 will learn about covenants not to compete, nonsolicitation  more...

Intellectual Disabilities and Employer ADA Obligation BenefitsWith the dramatic expansion of the American With Disabilities Act (ADA) by the ADA Amendment Act of 2008 (ADAAA) and the EEOC's ADAAA final regulations effective as of May 24, 2011, ADA claims are skyrocketing. A great many of the burgeoning claims concern matters formerly called mental disabilities and which are now called intellectual disabilities. Intellectual disabilities, which may  more...

HIPAA Security Compliance Challenges after the HITECH Act BenefitsEveryone who handles any electronic patient information should attend this live audio conference on compliance with the HIPAA security regulation. All entities covered under HIPAA must take special care of electronic patient health information, including establishing policies and taking regular actions as part of a security management process. Under new regulations due to the HITECH Act  more...

Utilizing Macros in Microsoft Excel BenefitsWhen you find yourself repeating actions in Excel - whether it's a five-step sequence you use when formatting a certain cell type or the 30 steps you use when you sort, filter, and print multiple worksheets once a week, the possibility exists that you can automate these actions in the form of a macro. Thereafter, you can perform these sets of actions with a simple keystroke combination, a  more...

Taxation and Accounting Conflicts of Interest BenefitsAccountants working in various disciplines have been involved in litigation resulting from or exacerbated by a conflict of interest or the appearance of a conflict of interest. Failure to identify an actual or potential conflict of interest and to disclose or avoid it can lead to expensive legal fees, loss of a client or employment, a claim against malpractice insurance, bad publicity, or  more...

Daubert Motions: Challenging Expert Opinions BenefitsSince the U.S. Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals in 1993, the federal law governing expert testimony has undergone a radical transformation. The courts of most states have also now adopted Daubert to some extent. Every litigator needs to understand the impact of Daubert and its progeny. Used properly, Daubert can be a powerful tool for excluding expert evidence.  more...

Protecting Attorney Work Product in Communications With Experts Under the Amended Federal Rules BenefitsIn December 2010, sweeping changes were made to Federal Rule of Civil Procedure 26, including the rules regarding expert discovery, in an effort to avoid unnecessary discovery disputes and litigation practices that waste significant costs. Learn how the new rules are being applied in practice, and the significant impact they have on discovery into communications between lawyers and experts  more...

Strategies for Successful Mixed Use Development BenefitsThe ideals and reality of mixed use as the preferred urban form are still in their relative infancy as part of the 21st century development vocabulary. Ironically, the ideals behind the tremendous push for this development form reference the urban fabric of our oldest cities. The driving factors behind the attraction to the mixed use model include current trends and attitudes toward a more  more...

Workers' Compensation Benefits: Who is Eligible, How are They Calculated, When and How Can They be Settled BenefitsWorkers' compensation benefits are a continuing and significant expense to employers. This live audio conference will address who is eligible for workers' compensation benefits, how these benefits are calculated and what employee benefits may be offset with the payments of workers' compensation, and most important, how to resolve or settle a claim without creating additional liability for  more...

Effective Use Of Medical Records In Personal Injury Litigation BenefitsPersonal injury litigation requires the effective and efficient use of medical records. In order to present your case persuasively, you must have an understanding of how to collect medical records, how to use them during discovery and how to present them to a jury. This live audio conference discusses both plaintiff and defendant perspectives, and it will explain the role of medical  more...

Tips and Techniques for Writing Effective Legal Briefs Benefits Effective writing is one of the most important tools in the legal trade. No matter the strength of your case or your knowledge of the facts and the law, your ability to communicate concisely and powerfully is crucial to your success. With a particular focus on writing legal briefs, this live audio conference will show you how to focus your writing to a specific audience; streamline and  more...

Ethical Considerations in Utilizing Social Media BenefitsSocial media, from law firm websites to online networking, has become both a preferred means of communication and an important marketing tool for lawyers and firms. But ethical traps abound for lawyers who use these tools to communicate with clients, potential clients, and even friends and family. State bar discipline, compromised cases and malpractice exposure, even job loss, has resulted  more...

Section 199 Deduction for Qualified Construction Activities Income BenefitsAs IRC 199 was billed as a manufacturing incentive, most people associate the IRC 199 domestic production deduction with manufacturing activities. However, the deduction, by its own terms, expressly applies to the construction and real estate development industries. As the phase-in of the deduction became complete in tax years beginning in 2010, construction contractors may be eligible for  more...

Divorce Taxation: Practical Issues BenefitsMost divorce cases have significant tax ramifications to your client. This live audio conference provides the skills to identify them before they create a problem for you and your client at settlement. We will begin with the recent changes to the tax law and provide a key road map in navigating the numerous pitfalls that may appear in your case. Whether it is when your client may qualify  more...

Online Collection Techniques: Do's and Don'ts BenefitsTechnology 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  more...

Understanding the Pregnancy Discrimination Act, Employee Family Leave Laws and Return-to-Work Issues BenefitsThe Pregnancy Discrimination Act prohibits discrimination on the basis of 'pregnancy, childbirth or related medical conditions.' But what does this mean? The Family Medical Leave Act and the Americans with Disabilities Act may provide protections for employees with certain medical conditions due to pregnancy or who have recently given birth. But how do you know who is covered and what  more...

Show Me the Money: Determining Return on Investment for People, Projects and Programs Benefits'Show me the money!' is the mantra of the day. Senior leaders in private sector, public sector, and social sector organizations want to see value for investments made in people, projects and programs. This value, more than ever before, is defined in terms of return on investment. Until you can produce solid, verifiable numbers that prove the worth of investments, you may never gain the  more...

Key Legal and Practical Considerations When Forming an ACO: Seizing the Opportunities and Overcoming Challenges to Achieve Qual BenefitsThe long-awaiting Final Rule governing ACOs participating in the Medicare Shared Savings Program (MSSP) provides the industry with an improved outlook of the potential success that may be achieved, but also a daunting list of challenges to be met in order to seize the opportunities. This live audio conference will walk you through the legal, regulatory, policy, and practical challenges and  more...

Telecommuting: The Next Wave of Wage and Hour Litigation BenefitsTechnological developments have resulted in a substantial increase over the last several years in the number of employers offering telecommuting as an alternative work arrangement, and the number of employees who choose it. Although telecommuting arrangements can be beneficial to employers and employees, many employers have failed to adequately meet many of the legal compliance and  more...

Learning on the Job: Creating Legally-Sound Internship Programs BenefitsCreating a successful internship program is not as simple as identifying and assigning appropriate projects and requiring interns to shadow your employees. An internship can be a wonderful opportunity for the participant to learn about a business, organization, or industry. Organizations that maintain internship programs must be mindful, however, that they must comply with several federal  more...

Potholes: Causes, Maintenance and Pitfalls BenefitsRoads are built to provide a safe and comfortable ride for road users. To fill this function, a pavement surface must be smooth, thus free of breaches such as potholes. Potholes are circular holes in asphalt pavement extending through an entire pavement layer. In certain conditions, they develop in a matter of hours. If potholes are not fixed immediately after they appear, a safety risk  more...

Common Conflicts in the Tripartite Relationship BenefitsNot everything shared by client stays with his/her attorney. Often times, it is shared with the insurance carrier that has retained counsel pursuant to their insurance policy. However, some information cannot be shared with the carrier, to their detriment but to the benefit of the insured. What can an attorney share with his client's insurance carrier, and what is he prohibited from  more...

Navigating Trade Sanctions Laws in International Business Transactions BenefitsInternational business continues to grow in complexity, especially considering that U.S. trade sanction regulations may materially impact contracts, supply agreements and the ability to effectively deliver products to a global market. Further, recent enforcement cases have not only signified higher penalties, but also that both U.S. and foreign companies are targeted. This live audio  more...

Substance Abuse and Mental Health Records: What Can You Release? BenefitsDo you know that medical record custodians may be violating a patient's privacy protections without even knowing it in responding to requests for a patient's health information that contain substance abuse and mental health information? Do you know that you may need to withhold mental health and substance abuse records, even in responding to a records subpoena? Learn more about these  more...

Understanding Warranties and Guarantees in the Standard AIA Contract BenefitsUnderstanding the interplay between warranties and call-back periods and the limitations on each is critical to both successful negotiation of a construction contract and the successful completion of a construction project. This live audio conference will help you understand the issues concerning warranties and call-back periods, including the legal limitations on them, which will in turn  more...

Understanding and Complying With Disclosures Under Rule 26(A) BenefitsElectronic 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. You will learn about the amended federal rules relating to electronic discovery and recent case law interpreting these rules. This live audio conference will also discuss benchmarking data that assesses how  more...

Prepaid Cards: An Alternative to Traditional Checking Accounts? BenefitsThis live audio conference will provide banking and other financial services companies with essential information to evaluate prepaid card/access products that will best complement their current business models and risk tolerance. The program will explore the advantages and disadvantages of this rapidly evolving financial product line. It will provide organization with solid guidance on  more...

Allocation and Reimbursement of Defense Costs: Insurer's Duty to Defend BenefitsThis live audio conference will provide an overview of insurance coverage for defense of third-party claims and suits, focusing on how defense cost coverage is allocated and defense costs reimbursed under difference types of insurance policies, as among insurers, and as between insurers and insureds. Areas addressed will include critical components of the 'duty to defend,' key principles  more...

Key Elements and Legal Lessons Surrounding Donor Intent BenefitsA charitable gift given for a specific purpose generally can be used only for that purpose. But, under certain circumstances, a charity may be permitted to release or modify restrictions imposed on a gift. Understanding when and how such restrictions may be modified - and when donors may have standing to enforce the terms of their gift - is crucial both to charitable organizations and to  more...

Understanding Your Summary Plan Descriptions BenefitsEmployers who sponsor ERISA-covered health and welfare plans are required to communicate the terms of the plan to participants in a summary plan description. The SPD is an important disclosure document that describes, in understandable terms, the rights, benefits and responsibilities of participants and beneficiaries in ERISA-covered health and welfare benefit plans. The SPD must include  more...

Best Practices to Modify Electronic Health Records While Maintaining Record Integrity BenefitsMoving to an electronic health record system can make it possible to work more efficiently and effectively by automating certain tasks and making information easier to locate. But sometimes, even electronic records must be modified by adding, amending, correcting or deleting information. In some ways, paper records were easier to deal with, as incorrectly filed documents could simply be  more...

Mastering the Science of Cross Examination BenefitsIt has been called 'The greatest legal engine ever invented for the discovery of truth.' Nothing grabs the attention of the judge and jury like cross examination. Done well, it can lead to victory. Done poorly, it can lead to ruin. Listen to this program as two experienced trial lawyers cover the most important points that you need to know to become a master of cross examination. Whether  more...

Problems and Risks Associated With Green Construction BenefitsThe public hears many benefits of pursuing environmental building, aka green or sustainable design and construction, as this emerging market segment continues to expand. Diverse owner/developer groups are embracing these modern technologies, design elements and operational models. However, when packaged together, green design strategies and systems can present unique new challenges in risk  more...

Legal Ethics and Loss Prevention Issues with Electronic Communications and Security BenefitsThe art of communication is a lawyer's greatest asset. Modern mobile and communication technology provides many means through which lawyers can communicate with clients, publicize legal services, work remotely, and share information. When selecting and using a technology for communicating with clients, storing client data, or performing work for clients, a lawyer should consider whether  more...

Discharge Codes: Impact on the Post-Acute Care Transfer Policy - Risks and Rewards BenefitsImproper understanding and application of discharge codes may result in reduced hospital reimbursement and represent a compliance risk under the PACT policy. William E. Haik, M.D. has been involved in ICD-9-CM coding and chart documentation for more than 25 years and will explain why the problem exists and how to remedy it. This live audio conference is designed for medical records  more...

AIA Document D503(TM) - 2011: Guide for Sustainable Projects BenefitsThe movement toward a sustainable built environment is rapidly evolving, significantly impacting the way buildings are planned, designed, constructed and used. Different and potentially competing forces, such as owners' goals, code requirements, and basic liability considerations, can impact the sustainable objective targeted for a project and the sustainable measures needed to achieve the  more...

Form-Based Zoning: An Alternative to Traditional Ordinances BenefitsThis live audio conference will provide a basic understanding of form-based codes: how they are different, how they can be applied and how they can help implement more sustainable communities. Lessons learned and steps toward beginning the process will provide you with a clear path toward a successful form-based code. Legal and practical considerations associated with adopting form-based  more...

Why Everything You Know About Roth Conversions May Be Wrong BenefitsLearn to capture your share of the multi trillion dollar IRA rollover marketplace. Most advisors have been ambivalent at best about the Roth conversion. This live audio conference will give you clarity so that you can recommend specific, accurate advice to your prospects and clients. This live audio conference is designed for accountants, presidents, vice presidents, controllers, CFOs,  more...

Hot Topics in Native American Financing 2011 BenefitsHear the latest legal news and developments on the following topics: 1) principal practice guidelines to ensure your financing documents are enforceable and compliant with federal law, including the Indian Gaming Regulatory Act; 2) the National Indian Gaming Commission 'declination letter' review process - how long does it take, what to include in your submission, and what does receiving a  more...

The WE in Wellness--5 Skills Every Case Manager Should Know for Effective Case Management BenefitsHelping clients attain their highest degree of wellness requires many skills and a repertoire of approaches, some which may be new to case managers and the teams with which they work. The specialty of Case Management has become more and more crucial for the coordination of an individual client's healthcare provided by multidisciplinary teams within and between organizations and systems. As  more...

Trucking Litigation BenefitsLitigation involving trucking and bus companies seems straightforward. Unfortunately, nothing could be further from the truth when it comes to trucking tort cases. During this live audio conference, you will hear how to negotiate the waters and learn how the myriad of confusing federal and state regulations could torpedo your otherwise straightforward common law case. Hear from the former  more...

Special Needs Trusts: What, Why and How BenefitsA thorough knowledge of planning for disabled individuals is important for providing full service to a practitioner's clients and avoiding serious malpractice liability. Unfortunately, the government benefit programs involved and the options available for obtaining and preserving such benefits, such as Supplemental Security Income and Medicaid, are highly complex. Furthermore, the  more...

Making Friends: Social Understanding for Students with Autism and Asperger's BenefitsThis live audio conference describes the social challenges that children with Asperger's Syndrome or Autism Spectrum Disorder may encounter while in the classroom. As the speaker notes, 'Play is work for a child with ASD' and children with ASD typically do not become 'social butterflies.' Dr. Norall would like to give teachers the resources to help a child with Asperger's Syndrome or ASD  more...

IRS Guidelines for Good Governance for 501(c)(3) Organizations BenefitsGiven continued congressional scrutiny of whether tax-exemption is a worthy federal subsidy for any type of tax-exempt organization, proper governance and accountability to the local community are key factors that may distinguish the tax-exempt sector from the taxable sector. The Internal Revenue Service, the press and others have linked the need for good governance to the quest for  more...

Animal Law: Past, Present and Future BenefitsThis live audio conference will provide a very brief overview of the rapidly expanding field of animal law being practiced nationwide, and involves litigation, legislation and corporate/transactional work. Animal law has a very broad range and this audio conference will serve only as an introduction to some of the most common and popular topics. The field covers everything from companion  more...

Email Collections: Do's and Don'ts BenefitsTechnology has changed how we communicate and do business. Businesses and collectors have the added challenge of trying to contact customers or debtors who may only use cell phones, have given up their landline phones, and use email, instant messages, social media websites and text messages as their primary form of communications. In this live audio conference, you will learn how you can  more...

Construction Payment Bond Fundamentals BenefitsIn a tight economy, more situations arise where someone in the line of project contracts, from the prime contractor down to a second- or lower-tier subcontractor, fails to pay its bills - or even goes out of business. Those who are unpaid must seek alternative means to ensure payment. And those who are higher on the project chain must take steps to assure the flow of funds all the way  more...

Why Is This Guy Still on My Health Plan? BenefitsWe have encountered many situations where an employee remains on the company's health benefits as an active employee for many years past the date in which the employee was actively at work for the company. This live audio conference will answer a common problem employers experience, what date should an employee be treated as a terminated employee when he/she is on a leave of absence, or  more...

Difficult and Disruptive Students BenefitsStudents labeled as 'difficult' or 'disruptive' are often unsuccessful in school and may be poorly prepared to manage life as an adult, should they graduate. Additionally, they make life challenging for teachers and administrators. Left unchecked, they can consume school resources with little improvement, feel left out and unappreciated, and are at increased risk for unemployment, problems  more...

Handling Your Post-Judgment Files BenefitsObtaining a judgment may seem easier than keeping it, effectively enforcing it and collecting your money. The effective use of judgments and developing a strategy toward effective enforcement can be confusing. In this live audio conference, you will learn how to assure that your judgment is effective and can be enforced in and out of the jurisdiction where the judgment was entered. You  more...

Key Legal Distinctions Between Business Entities BenefitsA critical issue in starting any new business is to decide the best type of entity for the business. The choices can be numerous and bewildering, and the consequences of a wrong choice can be problematic. For example, for multi-owner businesses, the choices may include (depending on the relevant state): (i) general partnerships; (ii) limited liability partnerships; (iii) limited  more...

Reading and Understanding Soil Reports BenefitsJust because you have hired a consultant to provide a soils report does not necessarily mean it will be put to good use. Many of the terms and even the recommendations given in soils reports could use some explanation. This live audio conference will help you understand what type of soils report you may need, the technical terms found within the soils report, what is really the important  more...

Rules and Responsibilities Regarding Abandoned Wages BenefitsThis live audio conference will examine the rules and responsibilities regarding abandoned wages. If your payroll department is not handling unclaimed wages properly, you could be placing your company at risk for huge audit assessments, significant interest accumulations, and civil and criminal penalties. If your company issues any type of employment checks whether it be wages, bonuses,  more...

IRS Form 1099 Reporting Update BenefitsAs another year passes in the world of 1099 reporting, we have become accustomed to educating ourselves as to the complicated revisions of the 1099 rules. After having prepared to comply with the original text of law thrust upon us by Congress last year, we subsequently became witness to several repeals of the burdensome provisions. There will be continual uncertainty as to what revisions  more...

Utilizing Microsoft Word(TM) Features and Functions BenefitsEnjoy the time-saving benefit of learning shortcuts and 'must know' automation features. While you may have used Word for years, completing documents using basic features, the more in-depth features will add a new level of capability to current skill sets. Participants transitioning to version 2010 will regain their bearings on the new locations of Word commands. So many features and so  more...

Self-Auditing Your Employee Benefits:A Guide to What May Need Fixing BenefitsStaying in compliance with the numerous complex requirements and the specific terms of your employee benefits plans is a monumental task. It is easy to have your time consumed by the day-to-day issues and questions that arise under your benefit plans and the typical annual processes and compliance requirements already in place. It is difficult to take the time to step back and ask what  more...

Commonly Encountered Sales and Use Tax Audit Issues and Strategies to Defuse Them BenefitsStates are becoming more aggressive as falling tax revenues constrain expenditures and force budget cuts. Business structures, products and services are increasingly complex with outcomes that don't always fit neatly into vaguely worded and outdated statutes. Heightened audit activity, the states' shifting tax policies and a new wave of proposed sales tax legislation all serve to highlight  more...

Director and Officer Liability: A Focus on Creditor Issues BenefitsIncreasingly new decisions are coming out absolving directors of companies from fiduciary liability. What cases hold directors liable? What cases hold officers liable? These are distinctively different questions. How do jury instructions address this liability? Topics to be discussed include breach of loyalty causes of action, as well as nondisclosure of material information and conflict  more...

Commercial Ground Leases: A Conceptual Framework BenefitsProblem - We are all aware of the difficulties of today's real estate marketplace: a surfeit of properties on the market, depressed prices, fewer buyers and limited financing. One strategy property owners are pursuing to get properties back into use is ground leasing. It enables users to get onto a property without the capital outlay of a purchase, and it creates cash flow for the owner.  more...

Legal Implications of Doing Business on the Internet BenefitsThe Internet is the modern day Wild Wild West. Digital pirates, copyright trolls, cybersquatters, website hijackers, hackers, and scammers are only a few of the nasty breed of outlaws that prowl the Internet. Online threats from unscrupulous competitors, Internet activists, and disenchanted employees may be even more damaging to a business. Legal claims such as false advertising, unfair  more...

Waiver of Subrogation Clauses and Provisions in Construction Contracts BenefitsThis live audio conference will aid in understanding which parties to a contract have truly minimized the risk of lawsuits and claims that could arise among the parties. It will address if the intended risk allocation sought by the waiver of subrogation clause has been achieved. Further, this live audio conference seeks to educate participants in a better understanding of other key  more...

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

Planning for Renewable Incentives in 2011 and Beyond BenefitsThe grant in lieu of tax credits under section 1603 of the ARRA has been both a lifesaver and a game changer. However, section 1603 is likely to disappear after 2011 unless construction has begun on a project before then. This live audio conference will focus first on what is required to 'begin construction' under section 1603, and will feature Victoria McDowell of the Treasury Department.  more...

Closing Budget Gaps With Asset Sales BenefitsThe lingering Great Recession and slow recovery have diminished the growth of state and local government revenues while expenses continue their increase causing structural budget gaps. A new source of revenue is the sale or conversion of government assets into revenues. These revenues may be one-time proceeds of asset sales, leases and franchise fees, redevelopment of existing buildings,  more...

Enforcement of Judgments BenefitsThis audio conference presents the fundamentals of identifying and collecting assets to enforce a civil judgment. Topics will include general asset search methods, the elements of a debtor's examination, obtaining liens against assets, executing on judgment liens, using garnishment procedures to collect assets, domesticating foreign judgments, dealing with bankruptcy filings and many other  more...

Strategies to Overcome the Presumption of Guilt BenefitsOne of the challenges for any criminal defense attorney is convincing jurors from the beginning of the case that the defendant is presumed innocent until proven guilty, and that the burden of proof is on the prosecution, not the defendant. Constant publicity in the media, and in political campaigns, about the necessity to 'crack-down on crime' makes this more of a challenge than ever.  more...

Client Nonpayment: Ethical Considerations in Collections and Termination BenefitsYou have worked many hours on your client's matter and obtained a good result, only to find yourself in a dispute with your client over the payment of your fee. The client may complain about the quality of the service or may claim that they cannot pay your fees. Whatever the excuse, it is a problem that can be lessened. This audio conference is designed to provide you with practical and  more...

Understanding UCC Article 9 Foreclosures BenefitsCurrent market conditions pose an alarming rate of defaults on commercial loans not seen in years. With defaults commonplace and secured creditors facing challenges in protecting their interests, foreclosing on assets under UCC Article 9 may be the right option. If appropriate, a public auction, private sale or friendly foreclosure under Article 9 may provide a quick and relatively  more...

Avoiding Waiver of the Attorney-Client Privilege BenefitsThis audio conference will discuss the doctrine of attorney-client privilege: the scope of the privilege, exceptions to the privilege, procedural aspects of asserting the privilege, waiver of the privilege and the related but distinguishable doctrine of attorney work product. It should be useful for you, whether you are concerned about asserting and maintaining privileged communications or  more...

Preparing for Medicaid Audits BenefitsThe current and future state of Medicaid audits - are you and your clients adequately prepared? The Medicaid program is a state's most significant health care expense and, in many instances, one of its largest budgetary items. It is the health insurer of last resort for children and the economically disadvantaged. The recent economic downturn has caused shortfalls to many states' overall  more...

IRA and Qualified Plan Distributions BenefitsThis audio conference is specially designed for those who advise their clients on IRA and qualified plan distributions. It will focus on the required minimum distribution rules and how an IRA payable to a trust may still qualify as a designated beneficiary. This program can help you spot and avoid some of the common mistakes taxpayers make with their IRAs and inherited IRAs. This audio  more...

GASB 51: Accounting Standards for Intangible Assets BenefitsGovernments possess many different types of assets that may be considered intangible assets, including easements, water or air rights, timber rights, patents, trademarks, and computer software. The implementation of GASB 34 created questions as to whether and when intangible assets should be considered capital assets for financial reporting purposes. An absence of sufficiently specific  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. 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 may  more...

Current Issues in Sales and Use Tax Reserves BenefitsSales and use tax reserve practices remain a real concern for corporate tax departments. This uncertainty is heightened by proposed changes to ASC 450 (fka FAS 5) which could require enhanced disclosure of certain loss contingencies, including sales and use tax reserves. When evaluating whether a loss contingency may exist in today's business and regulatory environment, all aspects of  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 audio conference will provide an overview of typical ethical issues affecting the various areas of the practice  more...

Foreclosure and Workout of Commercial Mortgage Loans in New York BenefitsWhile legal business is down in some areas, one practice area which is booming is New York's foreclosure and workout of commercial mortgage loans. New York foreclosures are becoming more complex and hard fought. From the massive foreclosure of Stuyvesant Town, to the highly-publicized foreclosure of One Madison Park, to the complex foreclosure of the Manhattan property where a crane fell,  more...

Utilizing Graphs and Charts in Microsoft Excel BenefitsAny Excel user who needs quick methods to show numerical information in a visual way needs to know the basics of chart creation, how (and why) to use different chart types, and how to alter the look of a chart with layout, color and content changes. Depicting data in a chart may reveal a trend that was not so obvious in the numerical data, which often can be dry and boring. That elusive  more...

Curing Title Exceptions BenefitsTitles are often subject to outstanding interests and claims, some genuine but others unsubstantial or baseless. What types of defects, liens and encumbrances impair the title to real estate? When, as the result of tangible matters revealed by a search and examination of the title, is the title unmarketable? Learn what to look for when reviewing the title commitment, and what endorsements  more...

Upgrading to Microsoft Office 2010: What's New and Improved? BenefitsOffice 2010 has many new and improved features which can mean a longer learning curve for users upgrading from older versions. New Microsoft Office users may be overwhelmed by the number of features and options available and never take full advantage of the potential it offers for managing email, PowerPoint , Access , SharePoint workspace and Excel . Join us to learn the new and improved  more...

Ethical Settlement Negotiations BenefitsThis audio conference will outline the key ethical rules and parameters faced by lawyers during negotiations of litigated matters. This program will also emphasize the recent guidance from the American Bar Association and various state and federal courts on matters ranging from basic duties of disclosure to the often murky rules affecting class actions and the settlement of complex  more...

New Rule 502: Attorney-Client Privilege and Work Product Limitations on Waiver BenefitsKnowing and preserving the attorney-client privilege and work product protection is a fundamental for most 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  more...

Current Issues in Legal Holds: Are You Prepared? BenefitsIf there ever was a honeymoon on preserving discoverable documents and data for litigation ... it's over now. The stakes are higher than ever, and so are courts' expectations for parties and their lawyers. Organizations simply must have in place a compliant legal hold process that effectively preserves discoverable documents and data. This audio conference will help you understand the  more...

Implied Obligations in Construction Contracts BenefitsWhen parties enter into construction or design contracts there 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  more...

SBA Loan Guarantees: Current Purchase Issues and Complexities BenefitsIn the current economy, many lenders are looking to the credit enhancement offered by the U.S. Small Business Administration's government guaranteed lending programs to keep capital flowing to America's small businesses. While the many benefits of the programs may be appealing to lenders an understanding of the guaranty purchase process and the pitfalls which lenders fall victim to,  more...

False Claims Act Update BenefitsThe False Claims Act is one of the most important weapons of the federal government in its efforts to combat fraud, waste and abuse in federal contracting and grants. This audio conference will identify and analyze many of the critically important issues in the interpretation and enforcement of the statute, and will review mandatory disclosure of credible evidence of False Claims Act  more...

Using Social Media in Collections BenefitsTechnology 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 landline, and 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  more...

Executory Contracts Under Bankruptcy BenefitsThis audio conference will give you a better understanding of executory contracts and unexpired leases, and what they are. It will examine the strategic issues whether you represent the debtor, the nondebtor party to the lease or contract, or other interested parties. The speaker will discuss what to do during the period between the bankruptcy filing and assumption or rejection, as well as  more...

Anatomy of a Natural Resources Damage Claim BenefitsNatural resources damage claims are an integral part of the environmental clean up and restoration process. Federal, state and tribal natural resource trustees have stepped-up their activities with respect to the natural resources damage assessments process and in their efforts to recover for alleged damages. Trustees are forging forward with assessment activities, involving themselves in  more...

Form 5500 Reporting Update BenefitsEmployers who offer an employee benefit plan must file an annual report regarding the plan's financial condition, investments and operations, unless specifically exempt by law. Filing the Form 5500 will satisfy this requirement. This audio conference 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  more...

Electronic Data, Discovery and Document Storage BenefitsDo you find yourself dreading your next e-discovery matter? Would you like to develop a road map that will guide you through the maze of collecting, processing, reviewing and producing electronic data? This audio conference will help you to develop a well-crafted discovery plan, intelligently set a budget, identify the sources of electronic documents, use best practices for data  more...

Embracing Social Media to Build Concrete Relationships in a Bricks-and-Mortar World BenefitsTo many, social media may sound more like social waste of time. In reality, social media is a shift in how we communicate. It's about relationships, not technology. It's changing our business world faster than we thought possible. Many within the more traditional bricks-and-mortar A/E/C industry are getting left behind. Attend this audio conference and you will learn how some companies in  more...

Brownfield Redevelopment and LEED in 2010: What Happens When You Mix Green and Brown? BenefitsA survey by the Northeast-Midwest Institute indicated a trend that large-scale, community transforming brownfields redevelopment in the United States is going green. This audio conference will help you understand the contributing factors to ROI of the maturing green building practices on brownfields. Many professionals in the real estate investment business have witnessed how the  more...

Web Research Beyond Standard Search Engines BenefitsIn today's wired world, many attorneys report being overwhelmed by information, especially in electronic format. This fragmentation of attention flies in the face of the requirements that practicing attorneys are required to stay current on trends and changes in the law. Additionally, the cost of electronic information can be a burden on an attorney's legal resources. Free legal Internet  more...

Metal Building Design for Changed Occupancy or Loading BenefitsIn today's economy, many building owners are electing to update their current location or existing structure instead of purchasing new facilities. Metal buildings are very common due to their efficiencies and lower up-front construction costs as they are designed to meet exact project requirements. Changes in the project requirements that increase loading or moving building components can  more...

Preparing for the International Financial Reporting Standard BenefitsOn November 14, 2008, the SEC released its proposed road map for the adoption of IFRS in the United States. About the same time, leaders from the G20 countries at a financial summit in the United States issued a statement which, among other things, confirmed the leaders' support for developing a single set of high-quality global accounting standards. Both of these events represent  more...

Paralegal's Guide to Confidentiality, Conflicts and Communications BenefitsA fundamental aspect of the attorney-client relationship is the attorney's obligation regarding confidentiality, conflicts and communication. The professional rules regarding confidentiality, conflicts and communication should be known and understood by all practicing attorneys. Clients have certain expectations and the attorneys must respect and abide by those expectations. Furthermore,  more...

Refining Your Business Writing Skills BenefitsDo your written communications to clients, employees and stakeholders position your message appropriately? Are you getting responses to your business letters and emails that show you are being heard? Without question, your written communications influence the way internal and external audiences view you and your organization. In fact, in today's global marketplace, this may be the only  more...

Medical Privacy Rights of Minors BenefitsMedical providers and others who come into contact with medical or health records are often subjected to complex and conflicting requirements to maintain the confidentiality and restrict the use of the information. When those providers and others deal with minors, the complexity increases dramatically. When the right of an individual to privacy and security with regard to his or her  more...

Illinois Leave Laws: Navigating a Minefield BenefitsAlthough the economy may have been stagnate, the legislature has not. Over the past couple of years, Illinois has passed or expanded numerous leave laws presenting even more obligations for employers. The interaction of these laws can be complex and difficult to institute. This teleconference will assist you in understanding their obligations in implementation and compliance. Leaves  more...

Implications of the First Investigations Under the FTC Guides for Endorsements and Testimonials in Advertising BenefitsThe benefits of word of mouth and viral marketing via blogs, Twitter , Facebook and other social media platforms are undeniable. These emerging technologies are rapidly taking hold in corporate America and are radically changing the marketing landscape. In an effort to stay current with the way consumers obtain product information, the Federal Trade Commission has, for the first time since  more...

Mental Health Record Compliance BenefitsMental health providers are subject to many restrictions on how they can deal with patient records. As a health care provider, you are generally subject to the HIPAA medical record privacy and security requirements. To the extent they deal with substance abuse diagnosis and treatment, you are also subject to additional federal confidentiality restrictions, particularly part 2 of 42 CFR.  more...

Labor Law: Could 2011 Be the Turning Point for Unions? BenefitsIt's been almost two full years of President Obama's administrative initiatives - a rollout of many campaign promises. Unions played a vital role in the 2008 elections and they continue to have a large voice in upcoming Congressional elections this fall. While most of the country has been focused on health care reform, 2011 could prove to be a pivotal year for union activity. What  more...

State of the Estate Tax: Where We Stand Today and What Practitioners Can Do BenefitsThis teleconference will present a practical, action-oriented analysis of the estate and GST tax in 2010 focusing on the repeal of the estate tax and subsequent developments. The focus will be on how the client advisor team, consisting of the estate planning attorney, insurance consultant, accountant and wealth manager, can take practical and coordinated steps to best serve their clients  more...

Texas Nonsubscriber Claims 101: Perspectives From Employees and Employers BenefitsTexas is the only state in the union that permits employers to opt-out of worker's compensation insurance. Employers who opt-out are known as nonsubscribers. Some nonsubscriber employers purchase insurance products that pay for medical care, lost wages and indemnify the employer if a claim is filed. Other employers self-insure and handle claims in-house or send them to third-party claim  more...

Implementing An Indoor Air Quality/Construction Hygiene Plan BenefitsIn the past, organizations developed management plans to help reduce damage to building materials during construction. Following the appearance of mold and water intrusion as a significant threat to construction projects, construction hygiene plans began to emerge in the early 2000s. Today, sustainability plays a key role in most new construction and large-scale renovations projects. To  more...

Best Practices in Electronic Invoices and Electronic Payments BenefitsIt may seem impossible to escape the paper-heavy processes in your AP department and achieve the coveted paperless status, but pulling off this caper is not a feat reserved for only paper mavericks. Instead, we can show you there is a way to achieve a paper-free environment and realize your ROI. In this teleconference, e-invoicing architect Henry Ijams will discuss your options for a  more...

Ethical Collections: The Fair Debt Collection Practices Act and Beyond BenefitsCollecting money is increasingly challenging. One of the main rules of collecting is preventing the debtor from sidetracking the process. Never give the debtor ammunition to shoot back at the collector! We will show you how to avoid ethical and regulatory traps that can keep you from being an effective collector! We will guide you through the FDCPA, FCRA, ethical rules, trust account  more...

Collection Disputes: A Good Defense Is the Best Offense BenefitsTiming is often everything when attempting to collect debts and delinquent accounts. A collection dispute can cause prejudicial delays that may severely impair your ability to collect a debt, or worse, may result in the debtor filing a lawsuit against your firm or agency. Collection disputes may take the form of a dispute about the debt itself, whether the debt is owed by the person upon  more...

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

Current Issues in Cell Tower Leases BenefitsThe wireless industry has built more than 250,000 cell sites in the United States in the past 20 years. But many more cell sites are needed as iPhones, iPads and the like strain existing network capacity with data, email, computer and video applications, as well as to fill gaps in coverage. New cell sites and significant modifications to existing cell sites will also be needed due to the  more...

Implications of the Michigan Budget Shortfall BenefitsMichigan is in the middle of a fiscal crisis that will have a direct impact on Michigan's quality of life and future development. Most people do not understand how Michigan's economy works and how it relates to the State Budget process. This teleconference will help shed some light on what economic factors go into the development of the state budget and the impact the current recession and  more...

Current Issues in Subcontracts and Teaming Agreements BenefitsSubcontracts and teaming agreements are common in business and take many forms. When the customer is the Federal Government however, companies often try to squeeze these relationships into their standard purchase orders and performance work statements. Particularly with heightened scrutiny by all federal agencies over the entry into contracts and the performance of those contracts, by all  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...

Cyber Crimes: Phishing, Pharming and Beyond BenefitsThe threat of cyber-crime mounts daily, reaching far and wide as the digitization and interconnectedness of both the nation's economy and society increase. This digital expanse envelops business, allowing multinational corporations (and individuals) to collect and retain inestimable quantities of personal information about employees, customers and counter-parties, in addition to storing  more...

Perpetual Pavement Design and Sustainability BenefitsEnvironmental sustainability in road construction is becoming increasingly important as the public demands more sustainable practices and economic considerations make sustainable solutions more attractive. Asphalt pavements are widely recognized as being sustainable because they can be recycled easily and effectively, but an even more sustainable practice is to ensure the long life of a  more...

Sale Leaseback Transactions Today: Monetizing Real Estate Assets BenefitsA troubled economy and a chilly borrowing environment require a re-thinking of how capital and debt are used in your business. Monetizing real estate assets by sale-leaseback transactions may free up needed capital to invest in your business, particularly if the real estate is undervalued. This teleconference will help you understand when and where sale-leaseback transactions on real  more...

Drafting Clear and Enforceable Contracts BenefitsCommercial contracts have become increasingly complex in our litigious society. Why can't contracts just be written in plain language with the common words (and sentence structures) we use in everyday conversation? The truth is - they can! This teleconference is an introductory course on drafting clear and enforceable contracts in a business environment - using language that everyone can  more...

Sustainable Design and LEED Specification Requirements BenefitsThe project specifications are part of a legal contract that describe the quality of materials, the quality of workmanship and the administrative processes required for the contractor to deliver a building that meets the owners requirements. One of these requirements may be LEED certification. This teleconference will give you an understanding of the importance of the Division 1  more...

Illinois Accessibility Codes BenefitsIn order to address the needs of constituents with disabilities throughout the state, Illinois developed their own accessibility code. This is required to be enforced by all municipalities. While there are a number of applicable accessibility codes that may need to be addressed, including the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and the International  more...

Internet Research for Paralegals BenefitsThe internet is a resource for a vast array of legal materials with new or changing resources appearing online regularly. However, not all legal resources available on the internet represent authoritative or relevant information to the legal researcher. Legal web sites organize information in different ways; documents appear in a variety of file formats; and search engines may or may not  more...

Is Your Health Care Plan Grandfathered Under the Health Care Reform? BenefitsEmployers and other sponsors of group health plans routinely make annual changes to their plans that are designed to reduce costs, increase efficiency, and improve employee health and productivity. As plan sponsors consider design changes for 2011, they must also take into account new federal mandates under the Patient Protection and Affordable Care Act, as modified by the Health Care and  more...

Current Issues in Real Estate Title and Title Insurance BenefitsThis teleconference is a nuts-and-bolts program designed to give you real life practical information to facilitate the closing of commercial and residential real estate transactions. You'll gain insight into the workings of the title industry to better prepare you to anticipate problems and assist in developing solutions to ultimately close the transaction. This teleconference will  more...

Building Information Modeling: Planning, Design and Legal Considerations BenefitsWhether you are an owner, a designer or a builder, you need information about building information modeling. The good news is that there is lots of information out there; the bad news is that much of it is not useful. No one knows everything about BIM but we can start by talking about authoritative sources for BIM information, then sprinkle in some basic BIM concepts. Information will be  more...

ASTM Standard on Vapor Intrusion BenefitsConcerns over vapor intrusion and its impact on communities and industries have increased exponentially over the past several years. Faced with these issues, scientists and regulators have faced substantial challenges due to the absence of uniform and reliable standards, and the lack of clear guidance has complicated planning, development, remediation and ultimately, litigation regarding  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...

Condition Assessments and Structural Evaluation of Existing Buildings BenefitsCondition assessment and structural evaluation of existing buildings is not a course that is taught in most engineering colleges. However, this is a task that many engineers are asked to do by their clients and not all of them have had the experience to take on this seemingly simple task but which has several pitfalls. The client's reasons for requesting this service could be due to  more...

What Every Business Person Needs to Know About Legal Issues in Contracts BenefitsMost businesses enter into contracts thinking they know precisely what they want to accomplish and what they have agreed to. All too often this is not actually the case. Written agreements may not reflect what a business believes it negotiated. Parties may later recall terms different from what seems to be reflected in the initial agreement. And all too often, the legal boilerplate terms  more...

Metadata Scrubbing and Mining: Legal, Ethical and Practical Implications BenefitsMetadata lurks in every electronic document each of us creates and edits. Every computer application and platform we use also generates metadata. The consequences of human error are greatly magnified in the 21st century by the prevalence of electronic communication and the ability of anyone with a web browser to download - for only $0.08 per page - a copy of any document electronically  more...

Common Principles for Successful Design-Build Projects BenefitsYou will learn how design-build project delivery systems differ from the traditional design-bid-build system, how to evaluate whether design-build may be advantageous for your particular situation and project, how to structure a design-build approach to maximize the probability of a successful project in either the private or the public sector and how to select an appropriate contract  more...

Using and Challenging Statistical Evidence: An Essential Training for Litigators BenefitsThe use of statistics frequently plays a critical role in the litigation arena, from evaluating cases for your clients, to resolving disputes and possibly taking a matter to trial. Lawyers often shy away from using statisticians, quite frankly because understanding this world can seem overwhelming and confusing. In this 90-minute teleconference, you will have an opportunity to hear (in a  more...

Basics of Trust Administration BenefitsThis teleconference will provide an overview 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  more...

Climate and Energy Policy: Interpreting State, Regional and Federal Discrepancies BenefitsYou will gain an in-depth understanding of the federal, regional and state requirements - and incentives - with respect to greenhouse gas emissions. Many states are already regulating these emissions and EPA is adopting regulations to require reporting by a wide spectrum of industry and businesses. Understanding the existing rules is critical for analyzing the effects of pending federal  more...

The FLSA Comp Time Controversy BenefitsComp Time, or compensatory time, is an alternate way of rewarding overtime work. Instead of paying an hourly employee time-and-a-half for work done over the time allotted in the normal work week, employers can allow an hour and a half of time off for each hour of overtime worked. This teleconference will cover how the FLSA views the use of comp time in relation to public agencies and  more...

Common Clauses and Pitfalls of Homeowners Insurance BenefitsHomeowners' insurance is routinely purchased but rarely examined by the homeowner at that time. Buyers simply assume that in exchange for their monthly premiums they are guaranteed the insurer's protection. But when calamity strikes, these homeowners may be surprised to learn that their policies contain provisions that work to reduce or even eliminate that protection. We will offer our  more...

Forbearance Agreement Fundamentals BenefitsWith so many commercial loans in default (and many predicted to become defaulted in the coming months), borrowers and lenders are struggling to find negotiated solutions to defaulted and distressed loans. A negotiated solution may prevent an enforcement action with attendant costs, delays and uncertainties, and may help maximize the value of the collateral for all stakeholders. Forbearance  more...

Writing Scripts That Sell BenefitsWe may not think about it, but we use scripts all the time. In our everyday lives, in interviews and especially in sales situations, we are using scripts to get our point across to the other person. Sometimes we are in front of the other person and sometimes we are on the telephone. Nevertheless, in all situations there are definitely key items and statements that we want to make, and in  more...

A Primer on Social Security Disability Law BenefitsThe Social Security 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  more...

Conflicts With Additional Insured Coverage BenefitsStandard form contracts and purchase orders often require contract counterparties to add one another as additional insureds to general liability, property and other insurance policies. Relying upon another parties' insurance coverage can offer important benefits to the additional insured, whose own insurance coverage may not be implicated in the event of a claim. At the same time, relying  more...

An Introduction to L3Cs: Low-Profit Limited Liability Companies BenefitsThe current state of the economy has left many charities and businesses, all with great intentions, struggling for financial support. These organizations need to re-evaluate their business models to successfully adapt in this economic climate. This teleconference will provide advisors and business owners with a broad overview of a new hybrid for-profit/nonprofit business model: the  more...

Top Sales and Use, Credits and Incentives Tips to Improve Your Bottom Line BenefitsIn the current economic climate, additional free cash flow is a priority for all companies to sustain corporate activities and fund working capital, capital improvements, acquisitions, research and development, etc. This teleconference will focus on unprecedented tax credits and economic incentives currently offered by state and local jurisdictions to stimulate business investment and the  more...

Data Mapping and Electronic Information Management (EIM) - Risk Management for Daily Efficiency and Litigation-Preparedness BenefitsIn the digitized world of the twenty-first century, it is more important than ever for every organization to know as much as possible about the information it creates, stores, receives and maintains. As an attendee at this teleconference, you will learn from an expert how to develop multipurpose menus or charts of key storage locations and contents and use data-mapping to achieve  more...

The Fundamentals of Estate Planning for Pets BenefitsPets are an important part of the lives of many individuals. People own pets for a variety of reasons - they love animals, they enjoy the companionship and they enjoy receiving unconditional love. On many occasions, pets have supplanted children in people's lives. Planning for these companions requires a comprehensive look at the various opportunities and techniques which are available to  more...

Payroll Tax Pitfalls: Preventing IRS Penalties and Personal Liability for Late Payments BenefitsAmong many other legal obligations, employers face the ongoing requirement to timely withhold and remit payroll taxes to the federal government. People responsible for fulfilling a company's payroll tax obligations often do not realize the substantial penalties that can be imposed by the IRS against the company when payroll taxes are not timely deposited or paid at all. Additionally, in  more...

Strategies and Techniques for International Debt Recovery BenefitsGlobalization has taken business and industry to new levels of competition. To stay in the game, successful organizations need to adjust to the demands of an international market. Most foreign buyers expect to receive credit terms. However, once popular tools, like the letter of credit, are becoming too expensive and complicated for the quick pace of today's international business  more...

Commercial Foreclosure Due Diligence Checklist: What to Do Before, During and After Foreclosure BenefitsWhen a commercial mortgage loan becomes troubled, even before it goes into default, the parties must quickly confront a number of issues. For the lender, it is imperative that it conduct a due diligence review of its file, the loan and the collateral as soon as possible. Should the default not be cured or the parties not be able to restructure the loan, the lender faces the options of  more...

Doing Business with Distressed Vendors and Customers: Strategies to Employ in Workouts, Litigation and Bankruptcy BenefitsThe strains of the current economic crisis are being felt in every industry and at every point in the supply chain. More and more often, vendors are encountering distressed buyers and buyers are dealing with distressed suppliers. Attend this teleconference and you will learn to recognize the early warning signs of financial distress, and be armed with strategies that can be employed in  more...

Appealing Standards: Determining the Applicable Standard of Review BenefitsThis teleconference is designed to help you with your two most important jobs: prediction (telling clients what appellate courts are likely to do with a given case) and persuasion (getting the appellate courts to do it). The two most common mistakes in appellate advocacy are (1) taking the standards at face value, uncritically assuming that they mean what they say and that the court will  more...

Advanced Microsoft Excel Formulas and Functions BenefitsEven if you are fairly comfortable with building formulas and functions in Excel , you might still be missing out by having overlooked some powerful functions or just not be aware of special capabilities, like array formulas. There's no question that Excel's 300+ functions give you tremendous capabilities to tackle a myriad of statistical, mathematical and financial challenges, not to  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...

Directors' and Officers' Liability Insurance: Current Topics and Key Issues BenefitsIn the era of the subprime mortgage crisis, directors and officers are acutely aware of the potential for liability and the importance that directors' and officers' liability insurance afford sufficient coverage to provide for a defense and indemnity for any settlement or judgment. This teleconference will provide you with insight into common issues and trends that arise during a claim for  more...

Well Agreements: Legal Issues and Contract Solutions BenefitsAgreements pertaining to the construction, use, ownership and operation of wells are necessary and useful in a variety of situations. In rural areas, where connection to a municipal water system may not be possible, a group of homeowners may wish to share a domestic well. A shared well may also be a cost-effective solution for industrial users that do not wish to take treated domestic  more...

Current Issues in Cloud Computing: Is There Sun Behind Those Clouds? BenefitsCloud computing is an enormous, pervasive and game-changing technology. Tech industry heavyweights such as Microsoft , IBM and Google have each committed billions to developing and marketing it. Smaller players and startups are cropping up daily with new offerings. Yet, for all the hype, few people understand the technology nor the unique issues cloud computing poses - particularly when it  more...

Rewards Transformation: A Unique Approach to Total Rewards Strategy and Design in the Current Economy BenefitsIn the current economic environment, organizations are concerned with reducing costs while retaining top talent. Total rewards costs can often exceed 40 percent of company's revenue and in many cases it is difficult to demonstrate ROI. This teleconference presents a unique approach to total rewards strategy, design and cost management called rewards transformation. Rewards transformation  more...

Letters of Intent Fundamentals BenefitsLetters of intent are a popular and useful vehicle to further negotiations in complex business transactions. However, letters of intent can be traps for the unwary, binding parties to obligations to which they may never have intended to be bound. This teleconference will explore the benefits and risks of letters of intent and how best to protect parties from unintended consequences. This  more...

Statutory Research and Legislative History for Paralegals BenefitsWhenever a case or issue is covered by statutory authority, there may be questions as to what the language of the statute means and how it can be applied to a given situation. Attorneys often need to research the legislative history of the applicable statute to create a viable argument as to what was the intention of the legislative body that passed a particular law. Courts have different  more...

The Art and Science of Ethically Firing a Client BenefitsSo you think distancing yourself from an uncooperative client is as simple as saying, in the words of Donald Trump, 'You're fired.'? Not so. Both ethical 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  more...

Controlling Purchasing Card Risk BenefitsThe backbone of an effective purchasing card program is a good control system. Without it a program may never realize its potential and risk may turn into reality causing a potential program shutdown. Fabian Aragon, P-Card program manager with Sandia National Laboratories, will discuss different ways a program can minimize risk, including basic controls, procedural controls, and assurance  more...

AIA Document A401 BenefitsConstruction subcontract agreements are often given less strategic consideration than prime contract documents. Whereas the prime contract may be analyzed and negotiated for an extended period, the subcontract may be pulled from an older project and put in place with a simple name change and scope of work change. Failure to consider the subcontract strategically may prove disastrous.  more...

Bankruptcy Retention and Disclosures: Knowing When and What to Say BenefitsBankruptcy is a specialized practice quite different than typical litigation. In general litigation, secrecy and limited disclosures are the norm. However, the filing of a bankruptcy and one's involvement in it, either as a debtor, professional or even creditor, requires specific and often extensive disclosures to protect the interests of the estate and the integrity of the bankruptcy  more...

Construction Release Due Diligence BenefitsIt's not the release you see that will hurt you. It's the release you don't see. The release embedded in the fine print of the standard form contracts you sign. The release that's not called a release. It's called a lien waiver, or a pay application, or acceptance of final payment, or a change order, or waiver of subrogation. The document you sign without recognizing how it may impact your  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...

Implications of the Unlawful Internet Gambling Enforcement Act BenefitsInternet gambling is legal in many parts of the world and remains one of the most profitable e-commerce activities, despite a crackdown by authorities in the United States at both federal and state levels. U.S. law in this area is both risky and complex. Intermediaries such as payment services, banks, publishers, and Internet portals all face risks under U.S. law for providing services  more...

Pros and Cons of Cost-Plus vs. Fixed Price Contracts BenefitsLump sum and cost-plus contracts for construction projects offer different protections and incentives for both owners and contractors. With today's economic pressures, it is important that project participants know the factors to consider in choosing between these pricing approaches and to understand the advantages and disadvantages to each. The current economic situation has imposed  more...

Criminal Liabilities Under HIPAA BenefitsMany 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! Now the stakes are higher and there are more stakeholders: recent stimulus legislation dramatically increased the stakes for HIPAA compliance by substantially increasing penalties for HIPAA  more...

CERCLA Liability Update BenefitsConventional wisdom (and EPA policy) has provided that any person shipping hazardous materials to a disposal facility will end up being jointly and severally liable, with all other entities shipping materials to the facility, for any costs of cleaning up contamination at the facility. Likewise, conventional wisdom and EPA policy have informed up that manufacturers or producers who deal  more...

Good Guy Guaranties: Landlord Tenant Law Update BenefitsThe two costliest issues at the end of a lease which has been terminated for default are (i) possession losses such as losses due to holdover, inability to lease and costs to remove the tenant and (ii) inability to obtain reimbursement or damages due to bankruptcy limitations and litigation processes. Good Guy Limited Guaranty obligations provide considerable relief and additional tools  more...

Screening Applicants Using Social Networking Sites: Legal or Liability? BenefitsJob applicants have long used the internet to research employers. But now, employers are using the internet to research job applicants as well. Employers aren't only using search engines to find information on applicants but are now examining social networking sites, such as Facebook or MySpace . For job applicants, social networking site are places to interact with peers in any manner  more...

8 Issues When Doing Business or Contracting With Native American Tribes BenefitsThere are more than 500 federally-recognized American Indian tribes in the United States, each established under a constitution unique to the tribe. Each tribe, 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  more...

Construction Recordkeeping and Documentation Requirements for Government Contracts BenefitsWhile a systematic records retention policy is a hallmark of every successful business, it is also a mandatory condition of contracting with the federal government. Federal laws and regulations require federal contractors, including construction contractors, to maintain certain records related to the contract for a specific number of years. Consequently, federal contractors are well  more...

Impact of Confidentiality Rules in Bankruptcy Proceedings BenefitsDistressed companies struggle to protect their proprietary and strategic information against the assumption that a bankrupt's financial affairs are public. Since 2005, creditor committees have similarly confronted their statutory obligation to share information with creditors with their practical duties in working through a Chapter 11. This teleconference will provide both a relevant  more...

Integrated Project Delivery Principles and Building Information Modeling BenefitsMany in the facilities community, including designers, builders and owners, need a hand understanding IPD and BIM. What does it all mean? Who benefits and how? Some that have heard about IPD and BIM may be wondering how to either ask for it in their projects or implement these principles in their firms. There are some basic concepts in IPD and BIM that can be used in every project large or  more...

Federal Tax Classification of Series LLCs BenefitsThe series LLC may be the solution to many issues that confront federal tax practitioners on a daily basis. For example, the series LLC is very useful in situations where long and expensive 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  more...

White-Collar Defense Strategies and Developments BenefitsWhite-collar criminal defense is very different from the defense of other criminal cases. It must be approached uniquely from the time an attorney first learns of a client's target status in an investigation through trial. Failure to understand these differences and nuances can be fatal. This teleconference will examine some of these most important distinctions, and discuss the proper  more...

Float Ownership Issues in Construction Project Management BenefitsFloat is a measure of schedule flexibility. It can be used to avoid creating disputes about delays or misused to exacerbate them. We will discuss the relationships between schedules, float and delays, and examine techniques which may be used to manipulate them and to minimize manipulation. This teleconference will also review the effect of contract provisions and the development of case  more...

Tools for Persuasive Legal Writing BenefitsThis teleconference will look at some key legal writing concepts through an understandable and strategic lens. The ability to effectively and persuasively communicate remains the dominant skill needed for a successful legal practice. No one is born a perfect writer - as anyone who teaches writing will happily assure you. Rather, legal writing is always a learning process. For that reason,  more...

Workplace Accident Investigations for the HR Professional BenefitsAttend this teleconference and learn how to conduct a workplace accident investigation as well as how to conduct an effective investigation and protect the company's interests. Many written investigative reports are used against the company because they are too conclusory or did not have sufficient information, and should have included certain language for risk management purposes. Learn  more...

Affordable Housing: Finance and Development, How to Maximize the Available Resources BenefitsToday's housing market 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  more...

Strategies for Reducing Unemployment Claims Costs BenefitsMany employers, after terminating an employee, focus on defending against a possible discrimination charge or a lawsuit. Unfortunately, they may pay little or no attention to defending against the ex-employee's unemployment compensation claim. Those employers, albeit mistakenly, believe the ex-employee will be awarded unemployment compensation benefits no matter what they do - so why  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...

Making Revisions to Closed Medical Records BenefitsMedical records contain some of the most sensitive and personal information that exists about individuals in modern society, and some closed records may need revision because of new information received or because of the requests of individuals to correct or modify existing information. When is it appropriate to make revisions, how and under what circumstances, and at whose request? This  more...

Buying and Selling Partnerships, LLCs and Other Similar Entities BenefitsCorporations and alternative entities have distinctly different frameworks for defining the tax, economic and management rights and obligations of their equity owners. But oftentimes business people and their advisors structure and negotiate purchases and sales of equity interests in alternative entities using concepts from the corporate model. Failing to account for the differences  more...

Taxation Issues When Conducting Business With Native American Tribes BenefitsThe American Recovery and Reinvestment Act of 2009 included a number of provisions designed to encourage economic development on Native American reservations, including expanded authority for American Indian tribes to issue tax-exempt bonds for projects on American Indian lands and a $500 million investment of funds for infrastructure, renewable energy, tribal detention facilities and  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...

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...

Form 709: Gift Tax Fundamentals BenefitsTransfer taxes are imposed on the gratuitous transfer of property. When property is transferred during lifetime, a gift tax may be imposed. While the most ignored tax, failure to properly comply with the gift tax laws during life may cause estate tax problems at death. During this teleconference, you will learn when a gift tax return should be filed, what type of gifts need to be reported,  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...

Major Issues in WiMAX Tower Leases and Zoning BenefitsHigh speed over the air broadband service for your computer, home or office, often called WiMAX service, is being rolled out in more than 80 U.S. metropolitan areas in 2009 and 2010. WiMAX is like Wi-Fi computer service, but covers an entire city or county. WiMAX will lead to more leases of land for communications towers because an entire new set of antennas and some new towers will be  more...

New Regulations for the Credit Card Industry: Prepare Now and Avoid Penalties ...May 22, 2009, President Obama signed the Credit Card Accountability, Responsibility and Disclosure Act of 2009 to regulate several aspects of the credit card industry. This is one of the most sweeping changes to hit the industry for quite some time. This new legislation amends the Truth in Lending Act, the Fair Credit Reporting Act and the Federal Trade Commission Act, and places a number of  more...

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

Dealing with Employee Gambling in the Workplace BenefitsGambling is a billion dollar pastime that is enjoyed by millions of Americans, including groups of employees in the average workplace. The NCAA or Super Bowl office pool can increase morale, create camaraderie among co-workers and generally be a fun and exciting event, especially with the prospect for a lucky employee of a substantial monetary payout. Workplace gambling, however, also has  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...

Practical Transportation Design and Solutions: Concepts and Implementation BenefitsDue to the increasing age of our nation's transportation infrastructure, in conjunction with the increasing demand for travel, the need for 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  more...

When HOA's and the IRS Compete for Lien Property: Lien Priorities, Perfections and Foreclosure Rights BenefitsIn lien 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  more...

Legal Overview of Financial Records: Obtaining and Understanding the Information BenefitsMany offices today make use of paralegals or legal assistants not only in preparing documents but in reviewing them. Many attorneys rely on elementary representations of income such as the income stated on an income tax return for determining the available funds for child support and maintenance. In many cases, this may be sufficient, such as that of a W-2 wage earner. However, in those  more...

Taking and Defending Effective Depositions BenefitsIn the 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  more...

The Claims Process on Federal Government Contracts - Maximizing the Return on Your Investment BenefitsMany federal contractors incur additional costs for changes, delays, differing site conditions and contract terminations. However, all too often these contractors do not understand how to effectively seek compensation for these additional costs. This teleconference will help you understand the types of costs you can recover, the circumstances under which certain costs may be recovered and  more...

Alternative Dispute Resolution for Paralegals BenefitsLawyers and paraprofessionals may misunderstand the nature of alternative dispute resolution, including its advantage and disadvantages. The myths that arbitration is 'just like a trial' or 'just like mediation' also can produce confusion. This teleconference helps provide an essential understanding of ADR, focusing on paraprofessionals and others who may never have encountered the unique  more...

Drafting Settlement Agreements in Personal Injury Cases: A Primer BenefitsPersonal injury cases can present unique challenges when drafting settlement agreements. Personal injury cases often involve multiple parties, special ethical considerations, the necessity of court approval and the participation of known (or unknown) nonparties who may hold liens or other claims on the impending settlement payment. It is important that the lawyer drafting a settlement  more...

Assignments for the Benefit of Creditors: What You Need to Know About ABC's BenefitsThis teleconference will give you an overview of the basics to 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  more...

Revitalizing Vacant Commercial Properties BenefitsWith the tremendous turmoil in the commercial real estate market, there will plenty of potential opportunities for owner-users and investors to purchase vacant properties at pennies on the dollar. The question is how? The ability to acquire these properties and bring them back to a viable place to do business or to investment status will require a plan and know how. This teleconference  more...

Ethical Implications for Attorneys Transitioning to New Firms BenefitsIn 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...

Recognizing and Responding to Excited Delirium BenefitsResponding to individuals who are mentally ill, or who have alcohol, licit or illicit drugs on board are core tasks for you, the officer and/or first responder. It is not a matter of 'if' you are confronted by an individual who is mentally ill or who has ingested alcohol or drugs (or their combination), only 'when' you will face this situation. In rare situations, individuals have died  more...

Payroll Hiring Issues: Forms and Tax Credits BenefitsMany employers want to increase their level of payroll tax compliance by implementing policies and procedures with respect to obtaining necessary information from new hires that is related to the processing of payroll and payroll taxes. This teleconference will assist you in evaluating your current new hire process as it relates to the completion and filing of specific payroll related  more...

Damage to Adjacent Property and Structures BenefitsConstruction projects present many risks, including the risk of damage to adjacent structures and real property. For example, subsidence caused by improper or ineffective excavation and shoring may cause foundations to crack and other resultant damage. Soil and groundwater can be contaminated from construction materials used by trade contractors. This teleconference focuses on best  more...

Managing Benefit Options for Part-Time Employees BenefitsAs the U.S. economy recovers and restructures, many employers find themselves employing more of their workforce on a part time basis. Additionally, in hard to recruit fields such as health care, or with entry level employers such as retailers, part-time employment is the norm and may account for more than 50% of the workforce. Employers struggle with how to design a program that will  more...

Estate Planning for Non-Traditional Couples BenefitsThe arena of estate planning for non-traditional couples is a growing field laden with opportunities and land mines. Whether it be a gay or lesbian couple, or a heterosexual couple living together but simply choosing not to get married, the need to be proactive in their planning is essential. Two primary issues arise when it comes to planning for non-traditional couples: (1) Unlike  more...

Dealing with Difficult Patients BenefitsOften hospitals and other healthcare facilities must weigh the value of client satisfaction and safety. Acute care settings may be particularly susceptible to the problem difficult patients because of the number of different service providers involved and the fact that it is an important and heavily people-based service. Difficult patients cannot be avoided; therefore health care  more...

Uniform Customs and Practice for Documentary Credits Update BenefitsOn July 1, 2007, the rules governing letters of credit, the Uniform Customs and Practice for Documentary Credits, changed for the first time in over 12 years. The objective of this change is to clarify the rules, reduce discrepancies and disputes, and encourage renewed usage of letters of credit. Significant revisions include a change in the amount of time banks are allowed to examine  more...

Fast-Track Construction: Opportunities and Challenges Management BenefitsMore and more construction projects are being done with at least some fast-tracking where construction starts before the design is complete. At the same time, there are industry trends that are dramatically changing the way projects are designed and built. Understanding the challenges and inherent risks of fast-track construction and these trends can help owners, architects, engineers and  more...

Can Medical Tourism Lower Your Healthcare Costs? BenefitsThis teleconference will address a myriad of legal issues associated with persons traveling abroad for their medical care. Medical travel, or medical tourism, has become a major focus of interest as a potential means for helping to mitigate the high cost of health care in the United States. It is no longer really about tourism but substantially more about the nature of medical care that  more...

Understanding Design and Construction Defects BenefitsA construction defect occurs whenever finished or partially completed construction fails to perform as required by applicable contract documents or accepted standards. It is the bridge whose cables flex and snap, the concrete that is under-strength or structurally deficient, the roof that leaks, the adhesives that do not bond and the paint that peels, to name only a few examples.  more...

Valid Consents BenefitsEach day patients and their families are faced with the difficult decision of electing to undergo a medical procedure. Before obtaining an affirmative decision, it is important that the health care practitioner obtain informed consent. This teleconference will educate you on how to determine whether a patient is capable of giving informed consent. This teleconference also explains who may  more...

All About Insulating Concrete Forms BenefitsInsulating concrete forms are a valuable new construction system that is poorly understood by many. ICFs provide high energy-efficiency, high-comfort, low-sound attenuation and disaster-resistant exterior walls for a wide range of buildings up to15 stories. They are widely used in high-LEED projects based mostly on their energy efficiency and indoor air quality properties. However, many  more...

Taxation and Accounting Methods of Executive and Employee Bonuses BenefitsBy now most employers know about the rules under Section 409A of the Internal Revenue Code governing deferred compensation. However, many employers are not aware of the broad coverage of Section 409A and the fact that some normal payroll practices, such as bonus payments, may be covered by the new rules or the accounting issues that are raised by these programs. This teleconference will  more...

Structured Settlements - The Changing Landscape BenefitsWhether plaintiff or defense, this teleconference will provide you with a better understanding of structured settlements and their practical application to claims resolution. Since the early 1980's, structured settlements have been a major part of negotiating and settling cases involving physical injury or sickness. With the changing financial landscape, structured settlements have been  more...

Discipline and Termination Considerations for Employees on Leave BenefitsIn an economy when many employers are forced to terminate employees, they should be cognizant of federal and state laws that may be implicated with respect to employees on leave. Employee leave can be as short as a few hours to vote, several months to care for a newborn or longer than a year due to a disability. In the event that an employee who is on leave will be terminated, whether for  more...

Medical Professionals and Social Media: Privacy and Security Issues BenefitsIf you have any users of social media in your organization, and chances are you do even if you don't know it, don't miss this teleconference on the privacy and security issues that surround the use of social media by medical professionals. As more and more new physicians and other professionals enter the health care workplace, they are bringing with them the tools and technologies that  more...

Restrictive Covenants: Common Disclosures, Restrictions and Land Use Issues BenefitsThe ongoing real estate downturn has caused a re-evaluation of virtually every aspect of the real estate finance and development landscape. Restrictive covenants have long been a part of that landscape as property developers and owners have sought long-term protection for a variety of interests, including commercial territories, community character and architectural style. Over the last  more...

Determining When an Individual With a Disability Is "Qualified" Under the ADA BenefitsAlthough recent amendments have been made to the Americans with Disabilities Act, the requirement that an applicant or employee with a disability be 'qualified' for the job sought or held has not changed. Drawing on regulations from the Equal Employment Opportunity Commission and decisions from federal courts across the country, this teleconference will provide participants with  more...

Litigating in the Social Networking Era BenefitsWith the recent explosion in the use of social networking, attorneys and litigants are quickly learning the risks and rewards of participating in social networking. In particular, recent cases demonstrate the utility to attorneys of considering social networks during discovery and, in some cases, discovery of information from social networking sites can make or break your case. Therefore,  more...

Uses and Abuses of In Limine Motions BenefitsMotions in limine are procedural tools for excluding inadmissible or prejudicial evidence at the beginning of trial. Their purpose is to promote judicial efficiency and fairness by expediting trial, avoiding prejudicial questions, and excluding irrelevant evidence and objections from entering the courtroom and record. They were not intended to supplant dispositive motions such as those for  more...

Conservation Easement Tax Incentives BenefitsIn the current challenging economic conditions, capital remains difficult for individuals and businesses to obtain to meet their working capital and business expansion needs. However, many businesses are unaware that they may already be holding valuable tax assets that can be utilized to generate positive cash-positive and provide significant tax benefits. This teleconference will help  more...

Don't Bet the Company: Understanding and Avoiding Class Actions in Labor and Employment Law! BenefitsYou have all seen in the news media reports of companies settling employment-related class actions for many millions of dollars. The horror of class actions is that a small claim among a few employees can mushroom into a huge claim 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  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...

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...

Value Engineering Change Proposals in Government Contracting BenefitsMany federal contractors are greatly focused on achieving cost reductions in their production processes, such as through lean manufacturing and Six Sigma programs, to become more competitive and increase profits. However, few contractors take advantage of a contractual tool, the Value Engineering ('VE') contract clause, which was established specifically to provide increased profits from  more...

Business Combinations and Goodwill: What Is the Latest With Fair Value? BenefitsThe Financial Accounting Standards Board recently issued a Statement on Fair Value Measurements (SFAS 157) which clarifies the concept of fair value in financial reporting. Along with the FASB's proposed revision of its Statement on Business Combinations (SFAS 141R), fair value measurements may change the way acquiring companies report the acquisition on its financial statements. These  more...

Statement on Auditing Standards No. 104 - No. 111 Risk Assessment Standards nThis teleconference will provide experienced and inexperienced auditors a concise summary of the risk assessment standards. In addition, this will provide auditors recommendations on how to become more efficient and effective in their application of these standards leading to less time required to implement the standards and a greater realization on audits. Since the majority of auditors may be  more...

Voir Dire: Effective Techniques for Getting and Using the Information You Need nVoir dire is one of the most important phases of a jury trial. However, the rules and procedures governing the jury selection process are often informal, subject to the broad discretion of the trial court, and can vary widely between jurisdictions, judges and even different cases before the same judge. A trial lawyer's strike decisions are some of the most important strategic decisions made in  more...

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

Construction Site Hazard Prevention nSerious injuries, fatalities and citations issued by OSHA tend to involve the same violations over and over again. Penalties can be quite severe and may also result in lost business. Although most companies have detailed safety programs, translation of requirements to field activities may not be consistent. The most difficult aspect of establishing an effective safety plan involves the  more...

How To Prevent Construction Projects From Going Bad nIn today's economy, the construction process may have become more risky than ever. This teleconference focuses on actions you can take to keep your project pointed toward success. It addresses the steps that can and should be taken to help anticipate, identify and manage the problems inherent in the construction process. n nThis teleconference is intended to benefit attendees who want to have a  more...

Finding, Qualifying & Closing Sales Leads nIt's getting harder and harder to find new prospects. Once you find them you may think you have a hot one, and suddenly the sale slips through your fingers. There is nothing more frustrating for professional sales people than to spin their wheels with unqualified leads. In this fast paced teleconference learn how to identify good leads, qualify those leads to find the top prospects and then use  more...

Understanding the Language of Mold Assessment Reports nLaymen and professionals who do not deal with mold assessment reports on a regular basis are likely to struggle with understanding the language presented in a mold assessment report. They may be prone to accepting the written word of the consultant at face value, without question. This would be a mistake for anyone. For others it could be considered negligent and result in liability. Far too many  more...

Presenteeism: Measurement and Intervention Issues for Employers and Health Plans nProductivity is fast becoming an even more vital issue to the business world. Presenteeism, or work loss due to underlying health conditions when individuals remain at work, is one important facet of productivity. One study found that approximately 6 percent of a global company's total compensation (salaries, wages and all benefit costs) were lost due to presenteeism. Work site wellness programs  more...

AIA Document A312 Payment Bond Forms nMany owners require contractors to obtain payment and performance bonds using the American Institute of Architect's A312 bond forms, but those bond forms require contractors, owners and sureties to contend with a number of challenges - the most recent of which is the surety industry's refusal to issue such bonds without modification because of the so-called 45-Day Rule. This teleconference is  more...

Tax and Practical Aspects of Business Succession Planning nClosely held family businesses are often as important to the owners of that business as are their own children. With business failures increasing in today's economic environment, the importance of a well planned, dynamic and long-term succession plan is vital to the continuation of the family business as it is passes from generation to generation. Tax considerations are one part of that plan, but  more...

An Overview of Maritime Law Torts nAdmiralty 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  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...

Cumulative Impact Claims nCumulative impact claims may be one of the more common occurrences on projects with multiple changes over the course of the project. However, cumulative impact claims may be one of the most difficult claims to present and prove at trial or in arbitration. Evidentiary issues, logistics of proving what the cumulative impact was and proving damages can prove to be very difficult. Defenses to  more...