Rights Telephone Seminars

Drafting The Flawless Easement ...nveyances that are often confused with easements, such as rights of ways, licenses and profits a prendre. Learning Objectives: - You will be able to review statute of frauds requirements. - You will be able to explain profits a prendre. - You will be able to discuss the difference of easements and licenses. - You will be able to describe exclusive vs. non-exclusive nature of interest. This  more...

Reclaiming Goods in Debt Collection BenefitsGet practice tips for crafting effective reclamation demands under UCC Section 2-702 and learn how to avoid common missteps in the enforcement of UCC security interests. Attend this live audio conference and obtain important information on how Bankruptcy Code affects reclamation rights of creditors. This live audio conference is designed for credit and collection managers, attorneys,  more...

Roles of HOAs in Foreclosures and Short Sales ... priorities and legal issues commonly related to creditor rights in loan defaults and assessment collection. Additional topics of discussion include liabilities, risks and protections for homeowners in foreclosure, tenants of properties subject to foreclosure and related federal laws passed in recent years in the wake of the current market conditions. Drawing on the experience of common legal  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...

Common Conflicts in the Tripartite Relationship ...er. When the parties exercise or express their individual rights, it can negatively impact the legal rights and defenses of the others, sometimes placing counsel in a precarious ethical position. Worse, it can place the insured and carrier in direct conflict. Learn more about these issues and more by attending a live audio conference 'Common Conflicts in the Tripartite Relationship.' This  more...

Substance Abuse and Mental Health Records: What Can You Release? ...th records requests without violating a patient's privacy rights. Actual real-life scenarios will be discussed to assist you in spotting issues, before they become a problem. Tailored to meet a national audience, this presentation will provide knowledge necessary for any health information custodian to ensure compliance, without violation of a patient's rights. This live audio conference is  more...

Battle of the Forms and Managing the Contracting Process BenefitsEffective contracting practices are critical to ensuring that contracts are made on acceptable terms. Ineffective practices can lead to a failure to achieve required terms or worse, a contract on terms that are contrary to one's objectives. Our fast-paced world increases the pressure as it is very easy for conflicting terms to be exchanged electronically without a complete meeting of the  more...

Understanding Your Summary Plan Descriptions ...ure 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 important information regarding the plan, such as information on how the plan works, eligibility requirements, what benefits the plan provides and how those benefits may be obtained. The summary  more...

Tax and Estate Planning for Clients Relocating to Florida ...tead residence both from a tax perspective and a property rights perspective. Lastly, Florida has adopted a fairly rigid view of the unlicensed practice of law, which will impact the out-of-state practitioner who continues to advise clients who have moved to Florida. This live audio conference is designed for attorneys, estate and financial planners, presidents, vice presidents, directors,  more...

Pupil Records: Best Practices Concerning Access, Release, Content and Storage of Educational Documents BenefitsSchool districts frequently receive requests for access to student records from state agencies, federal agencies, parents and members of the public. This live audio conference will provide school officials, parents, school staff and school lawyers with an overview of the laws relating to access, release, content and storage of student records. The live audio conference will define the  more...

When Employee Bloggers Attack: Responding to Negative Employee Comments on the Web ...online conduct. It is crucial for you to understand their rights and obligations when dealing with employees who present such problems. This live audio conference provides both the legal framework within which an employer already facing such issues can act as well as strategies for avoiding such problems to begin with. We will also provide best practice tips for anyone looking to develop a  more...

Employee Discipline for Conduct Outside of Work ...formative live audio conference, you will learn the legal rights and responsibilities of employers in disciplining employees for conduct outside of work. You will hear about recent legislation and court cases involving some of the hottest topics in employment law, including employee discipline for blogging, web-based 'employer trashing,' workplace dating and extramarital affairs, and physical  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...

Social Networking and Electronic Communications: Issues for Public Schools ...and social networking, and the intersection of individual rights with the school's authority to regulate the school environment. You will learn how student and employee policies should address teacher and student use of social media, including discipline of teachers and students, respectively. During this live audio conference, we will examine recent litigation involving student and employee  more...

GASB 51: Accounting Standards for Intangible Assets ...ered 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 authoritative guidance resulted in inconsistencies in the accounting and  more...

Construction Lien and Bond Claims in Texas ...ctives - You will be able to describe how to perfect lien rights on private projects. - You will be able to discuss perfecting bond claims on private projects. - You will be able to explain claims on Texas public works projects. - You will be able to define claims on federal projects. This audio conference is designed for attorneys, presidents, vice presidents, construction managers, project  more...

Motor Vehicle Searches: Impact of the Arizona v. Gant Decision BenefitsMotor vehicle stops and searches constitute one of the most common events for law enforcement officials. Legal disputes arising out of motor vehicle stops and searches, in both the civil and criminal context, are also extremely common. The recent U.S. Supreme Court decision in Arizona v. Gant has brought a significant change to the law regarding motor vehicle searches. This audio  more...

Understanding Massachusetts' Exemptions to Employment at Will ...mployee issues, especially when employees claim they have rights or they are being harassed at work. Massachusetts law, however, recognizes at-will employment, which provides you with significant rights in managing and dealing with employees, provided you understand at-will employment and its exceptions. This audio conference will help you understand Massachusetts law regarding at-will  more...

Collateral Valuation in the New Economy ...is a legal exercise for structured finance and creditors' rights attorneys. In this audio conference, three industry professionals from Orrick, Herrington Sutcliffe LLP, one of the world's leading law firms in these areas, explore the multi-disciplined approach required to value these investments. This audio conference is designed for attorneys, presidents, vice presidents, branch managers,  more...

Options Under Section 504 ...igation, an imposing investigation by the Office of Civil Rights and the potential loss of federal assistance. This teleconference will pull together the statutory provisions and their recent amendment, relevant regulations and case law regarding the obligations of educational institutions to disabled employees and students, providing cogent and succinct guidance on how to best ensure  more...

Keys to Understanding Land Records ...y descriptions, the chain of title, off-record interests, rights and claims, and what resources are available to the purchaser and lender concerning minimizing risks associated with the title. Learning Objectives - You will be able to describe classifications of legal descriptions. - You will be able to identify available sources of land record information. - You will be able to explain risk  more...

Medical Privacy Rights of Minors ...th regard to his or her medical information runs into the rights of the individual's parents to control the medical care delivered to their minor child, the caregiver is often caught in the middle. This audio conference will outline the rights of the minor to medical privacy and the ways those rights may be served while also serving the right of the parent or guardian to oversee the medical  more...

Roadway Rights of Way: Understanding the Legal and Practical Issues ...e will provide comprehensive and useful information about rights of way, easements and issues related to their creation, use and liability. If you are a land surveyor responsible for determining property boundaries, an engineer involved in highway and roadway design, a governmental official affected by route location and selection, or an attorney involved in real estate matters, you will need  more...

Understanding the Legal Concepts of Adverse Possession of Real Property in New York State ...omeone else, and to thereby extinguish the record owner's rights in and to that property. While the New York courts have historically disfavored settling property disputes in this manner and thus the courts have imposed a heavy burden of proof on the party seeking to obtain title by adverse possession, it is not uncommon for New York property owners and real estate lawyers to frequently  more...

Surety Bonds and Contract Provisions ...cts as the guarantor of the contractor's performance. The rights, duties and obligations of the parties will be determined by the rules of contract interpretation. Key areas of potential dispute focus on the surety's potential exposure to extra contractual damages. The payment bond is for the benefit of those furnishing labor and materials to a construction project. Hence, laborers and/or  more...

California Water Law Update: Rights, Transfers and Supply Assessments BenefitsAs California surface waters become more and more burdened, the utilization and management of groundwater within the state has increased dramatically. Groundwater management is a key, if not the key, to the provision of potable water in the 21st Century. This teleconference will discuss California groundwater basics, its allocation and its future in providing water to many within  more...

Land Use Law Update ...dressed as part of nearly every undertaking. Knowing your rights and obligations - and securing necessary approvals in a timely manner - are critical steps to the ultimate success of any development or activity. A review of several key land use issues relating to federal land use laws, alternative energy and the ever-evolving law on governmental takings of property will be discussed.  more...

Land Development Right Transfer Issues and Complexities ...rights to preserve environmental areas, farmland, historic landmarks and open space. TDR uses development rather than taxation to pay for permanent protection of these and other threatened resources. Working though the zoning code, TDR helps implement the preservation as well as the development goals of a community's land use plans. When TDR works, property owners are compensated for  more...

Ohio Prompt Payment Act Update ...s teleconference will help you understand and pursue your rights under Ohio's Prompt Payment Act, to avoid becoming the bank. The teleconference will explain the penalties and remedies available to you under the Act and help you develop strategies for maximizing the benefits of the Act. Learning Objectives - You will be able to describe the purpose of Ohio's Prompt Payment Act. - You will be  more...

Contractor's Dilemma of Dealing With Bad Plans and Specs ...e you with valuable tips for addressing your obligations, rights and remedies when confronted with poorly drafted, ambiguous or conflicting plans and specifications on both public and private construction projects. Knowing what options are available and what you can or should do to mitigate damages, address the problem and pursue or protect the parties' rights will assist you when you  more...

Landlord and Tenant Law: Commercial Tenant Bankruptcy Considerations ...medies upon default. This teleconference will explore the rights, remedies and strategies of landlords and tenants when presented with such a challenging situation and address how landlords can endeavor to maximize their recoveries while tenants may limit their exposure. Specifically, you'll get a step-by-step approach of the bankruptcy process as it impacts commercial leases, including the  more...

Planning and Zoning Techniques for Open Space Preservation BenefitsOpen space generates intense interest and support among citizens and elected officials as a key to making our communities livable and sustainable. Actually implementing a successful open space strategy is complex. Open space planning and implementation must take into account the regional context, community vision and ultimate function of the open space areas. The costs and means of  more...

Developing a Policy for Employee Use of Mobile Devices ... need to know the limitations of their employees' privacy rights in the workplace and how to avoid liability for monitoring their employees' activities. Finally, this teleconference will address the practical aspects of keeping ahead of the curve regarding managing the use of mobile devices and data preservation in the workplace: what kinds of policies make good sense to have in place to  more...

Social Networking in the Workplace: Policies, Monitoring and Discipline Issues ...It is therefore crucial for employers to understand their rights and obligations when dealing with employees who present such problems. This teleconference provides both the legal framework within which an employer already facing such issues can act as well as strategies for avoiding such problems to begin with. This teleconference will also provide best practice tips for any employer looking  more...

Mortgage Foreclosures in Illinois ...anding the nuts and bolts is critical to protecting their rights. Given the increased activity in the purchase of distressed assets, potential investors and buyers also need to understand what is involved, knowing when and how to invest or buy. A better appreciation of foreclosures can also lead to alternative approaches, which can be of benefit to all parties. Illinois mortgage foreclosures  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...

Air Rights in Development: Current Trends and Legal Concerns ... driven the need to parcelize tracts of land by using air rights to house separate ownership and uses. This teleconference will provide practitioners representing both developers and lenders an overview of challenges and opportunities presented by this ownership structure. Common law concepts and traditional zoning, subdivision, and building code provisions do not always work in an air rights  more...

Workout Strategies for Troubled Condominium Projects ...rements and limitations, as well as the often conflicting rights and concerns of the many stakeholders involved in these projects. This teleconference will be of benefit to professionals dealing with distressed condominium projects by identifying, from each participant's perspective, ways to minimize risk and maximize recovery in a troubled marketplace. It will raise issues relevant to the  more...

The Construction Bidding Process ...cover the bid protest procedures in place to protect your rights, including small business, disadvantaged business and veteran set aside issues. You cannot compete effectively in this field without understanding the procedures and substantive rules which govern federal bidding. This teleconference is designed to provide practical guidance for all levels of experience. Learning Objectives - You  more...

Challenges and Rights of the Subordinate Debt BenefitsEven with the ongoing credit crisis, providing forms of subordinate debt can be a lucrative business model. However, the higher pricing and upfront fees come with substantial risk. If a subordinate lender can adequately review those risk factors and can hedge against them, a portfolio of subordinate debt can be a successful one. This teleconference will explore the potential risks of  more...

Collection Issues for Condominium and Homeowners' Association: Legal Tips, Concepts and Current Trends in Assessment Collection ...s economy. This teleconference will discuss various legal rights, remedies and proceedings related to community association assessment collection, particularly in light of the historically high foreclosure and bankruptcy filings. Step-by-step procedure for pursuing litigation, either against a homeowner personally or through lien foreclosure, will also be summarized discussing related costs,  more...

Pros and Cons of Cost-Plus vs. Fixed Price Contracts ...and how the adverse economic climate may impact the legal rights and duties that apply to a construction project. Learning Objectives: - You will be able to review factors to consider in choosing between lump sum and cost-plus contracts. - You will be able to define advantages and disadvantages of lump sum and cost-plus contracts. - You will be able to describe current economic climate on the  more...

Foreclosing on Real and Personal Property Collateral: What You Need to Know ...tors are once again having to think about enforcing their rights through foreclosure of real and personal property collateral. This can be a complicated process that requires a good deal of planning in order to reach a successful outcome. This teleconference will help the people responsible for loan workout and enforcement evaluate their positions and formulate and execute foreclosure plans for  more...

Internet and Email: Monitoring Employee Conduct ...ing important legal, moral and ethical questions. Privacy rights have been the focus of much media attention and affect not only our individual lives, but our workplace relations. Employers must balance employee privacy rights with the legitimate need to know what is going on in the workplace and to ensure employees are conducting themselves appropriately over the employers electronic  more...

Purchasing Law: Breach, Repudiation and Excuse ...e a primer on the steps you need to take to preserve your rights and the remedies that may be available under the Uniform Commercial Code. Learn about the important notifications you need to make when the goods arrive but are defective, or when you learn the goods don't work after you accept delivery. Learn about when you have the right to terminate an agreement purchase replacement goods from  more...

Making Revisions to Closed Medical Records ...e closed records, to know what is required for individual rights under HIPAA, and to know what belongs in any organization's procedures for revising closed medical records. You will also learn about issues pertaining to electronic records and revisions, including the HIPAA Security Rule and recent amendments in the 2009 stimulus package, regional health information organizations, and other  more...

Buying and Selling Partnerships, LLCs and Other Similar Entities ... 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 between the corporate model and the alternative entity model may result in  more...

Managing Post-Construction Claims BenefitsClaims that arise after project completion can ruin a previously successful job. Such claims arise from a host of problems, such as physical failures, unpaid lower tier contractors, undiscovered defects of design and construction, and personal injuries. Taking steps to avoid such claims is prudent but companies also need strategies to deal with claims that inevitably arise. This  more...

When HOA's and the IRS Compete for Lien Property: Lien Priorities, Perfections and Foreclosure Rights ...ority over an HOA lien. Considering these respective lien rights, we will discuss an alternative analysis applying the choate doctrine under federal case law, which requires a comparative look at when association liens arise versus when an IRS tax lien is properly recorded. Because of a lack of legal opinions published in federal and state courts, litigation insurers and title examiners may not  more...

Current Issues in Riparian and Littoral Rights ...riety of important topics regarding riparian and littoral rights. Speakers will focus on the current issues that surround technical determination, historical antecedents, national and state by state treatment, and potential impact of Stop The Beach Renourishment upon riparian and littoral rights. Learning Objectives: - You will be able to discuss determination of riparian and littoral rights.  more...

Understanding and Troubleshooting Copyright Law ...r clients or your company's employees to infringe the copyrights of others. Also, with one click of a mouse, a nameless, faceless internet surfer on the other side of the world can easily infringe your rights. This teleconference helps anyone responsible for creating works or approving those works to understand the basic principles of copyright law. We will outline how to implement basic  more...

Commercial Lending Opinion Letters: Rights, Obligations and Expectations BenefitsCommercial lenders routinely require a borrower's lawyer to deliver a legal opinion at the closing of the loan transaction. The borrower has to pay for this but rarely believes that the exercise provides any benefit to the borrower. If the legal opinion is not negotiated until the end of the transaction, or if the borrower's lawyer and the lender's lawyer cannot agree on some element of  more...

Return-to-Work Compliance When Jobs Are Gone ...t, and the Uniformed Services Employment and Reemployment Rights Act are just a few of the laws that govern this difficult minefield that must be navigated by employers. Failing to comply with these and other employment laws can expose you and your organization to significant legal liability and damage awards. This teleconference will provide critical answers to employers so that the risk of  more...

Trends in Miranda Rights and Violations ...fits'You have the right to remain silent ...' The Miranda rights are part of our popular - as well as legal - culture. But what does it really mean? Has it changed in recent times? What makes a valid waiver of those rights? Can you ever use information you get in violation of those rights? Anyone responsible for, or involved with, law enforcement officers and their actions during citizen-police  more...

Construction and the Uniform Commercial Code ...rights and responsibilities of the parties in a construction project? Construction contracts are service contracts and sales of personal property contracts are contracts governed by Article 2 of the Uniform Commercial Code. What are the theoretical and practical differences between the two types of contract? When is the sale of goods simply part of a construction contract and when does a  more...

Prequalification in Government Construction Contracts ...ies under federal grant programs and bidders' due process rights will also be discussed. Learning Objectives: - You will be able to discuss the relationship between prequalification and responsibility. - You will be able to review the Model Procurement Code. - You will be able to define prequalification and competitive range determinations. - You will be able to describe prequalification in  more...

Managing Job Accommodations Under the ADA: Using Medical Experts BenefitsEmployers are confronted every day with requests for job accommodations from employees. You as the employer should control the job accommodation process - but how do you do that? What are your legal obligations? More importantly, what are your rights? When and what type of medical documentation can be requested of the employee? When can you request an IME? When can you use a medical  more...

Commercial Tenant Defaults: Practical Issues and Legal Remedies nIn what some have described as the worst economic downturn since the Great Depression, landlords, property owners, and property management companies have found or will find themselves facing an increasing number of tenant defaults as well as incredible pressure to fill vacancies resulting from defaults and non-renewals of leases. Managing risk associated with tenants and efficiently handling  more...

Drafting Trusts in Estate Planning nEstate tax laws keep changing. Did you know that even though the estate tax exemption is predicted to stay at $3.5 million the lifetime gift tax exemption will stay at $1 million, leaving the door open to reduce the estate tax exemption back down to $1 million when Congress tries to balance the budget in a few years? In addition to estate taxes, clients' families need protection from probate, bad  more...

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

Patients' Rights Update ...and hospices, have become increasingly aware of patients' rights concerns in recent years. Many states have passed bills of rights for their residents living in mental health, skilled nursed or other health care facilities. These bills of rights cover basic and not so basic concerns. From the right to be treated with dignity, respect and compassion to the right to privacy, patients and their  more...

The New HIPAA Special Enrollment Rules and Related Disclosure Issues ...cently enacted legislation expands the special enrollment rights currently applicable to group health plans and imposes new notice and disclosure obligations for employers that maintain such plans. While many of these obligations are not effective until after 2009, the special enrollment changes are effective April 1, 2009. In addition, the new law imposes civil penalties of up to $100 a day  more...

Impact of the New ADA Amendments on Schools ...mericans with Disabilities Act of 1990. ADA specified the rights guaranteed to individuals broadly qualified as "disabled." These rights applied to the areas of hiring and working conditions for all employees and also to students eligible for education accommodations under Section 504 of the Federal Rehabilitation Act of 1973. In subsequent years, Supreme Court decisions (Sutton v. United  more...

Differing Site Conditions ...tions claims might arise and understand what your various rights and remedies might be, whether you are an owner, general contractor or subcontractor. n nLearning Objectives n- You will be able to point out scenarios where differing site condition claims arise. n- You will be able to explain the two types of differing site conditions. n- You will be able to review contractual provisions in  more...

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

Current Issues in Construction Lending ...ming adequate interest carry analysis, understanding your rights afforded in the Construction Loan Agreement, identification and measurement of commercial real estate concentration, assessing your management information system to insure proper management reports are obtained, performing market analysis and stress testing. You will obtain fundamentals required to identify, analyze, underwrite  more...

The Fundamentals of Leasing Provisions and Covenants nIn today's economy it's more important than ever for real estate attorneys and practitioners to be clever in understanding the legal and financial implications of lease terms and covenants. This teleconference will delve into the essential terms of the commercial lease and focus particularly on the clauses that often draw the most attention during negotiations: common area maintenance, key tenant  more...

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

Issues Surrounding Student Discipline ...dent discipline impacts a student's civil and contractual rights, and it remains an area of potential liability for school districts relative to those rights. Of course, a failure to observe proper procedures and processes could also result in a reviewing body, reversing the discipline imposed in a particular case, thereby causing a substantial disruption of the educational process. Developing  more...

Religious Accommodations in the Workplace ...increasing awareness of religious workplace accommodation rights by employees. This teleconference is designed not only to update employers about legal developments in religious workplace accommodation, but to also provide practical strategies to deal with the thorny conflicts that arise when an employee seeks religious accommodation. Mr. Stewart, the presenter, has dealt with religious  more...

Environmental Issues in Commercial Leases ...erial legal effect, but a material economic effect on the rights, duties and risk allocation between the landlord and the tenant. From pre-delivery site and building assessment to operational risks, insurance and indemnification obligations to premises surrender, restoration and abatement, the proper treatment of environmental issues - whether in a ground, industrial, office or retail lease -  more...

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