Rights Telephone Seminars - Training Resources

The New ADA Design Standards- When, Where, and How? ...ccess Board and the former deputy chief of the Disability Rights Section at the U.S. Department of Justice in Washington. Learning Objectives - You will be able to describe key requirements of the proposed ADA Title II and Title III regulations. - You will be able to discuss provisions unique to the regulation. - You will be able to review how the new rules impact my business. - You will be  more...

Battle of the Forms: Back to the Basics and Recent Developments ...nges as they seek to ensure performance and enforce their rights and remedies. The battle of the forms presents complex challenges for everyone involved, from contract managers to sophisticated legal practitioners. This teleconference will provide a detailed look at the basics of the battle of the forms under UCC 2-207, with a focus on the practical application of the rule. We will discuss 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...

Mechanics Liens in Massachusetts: Protecting Your Lien Rights in Uncertain Times ...s, subcontractors and suppliers can protect their payment rights by using mechanics liens, and to learn how owners can defend their rights against liens by understanding the many technicalities of the mechanics lien process. Learning Objectives - You will be able to list the four basic requirements for a perfected mechanics lien. - You will be able to summarize the rules and procedures for  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...

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...

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...

Options Under Section 504 ...the Rehabilitation Act Amendments of 1973, concerning the rights of disabled employees and students. An educational facility's failure to comply with this law and its related regulations can result in a school being assessed with significant liability, including potential loss of federal funds. Unfortunately, Section 504's obligations are detailed in the regulations of several federal  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...

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...

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...

Mental Illness and the ADA BenefitsManaging employees with claimed mental conditions creates unique challenges for employers attempting to comply with the ADA. What mental impairments does the ADA protect? How does the employer know of these often invisible disabilities and of the employee's need to accommodate the condition? How does an employer accommodate conditions that cause employees to violate work rules or request  more...

Wellness Programs: Legal Developments, Requirements and Risks ...take the position that wellness programs erode individual rights. Despite the regulatory uncertainties, more employers than ever are looking to wellness programs to control health insurance costs. Some employers are providing incentives to employees who participate in wellness programs, follow disease management protocols or choose to live healthy lifestyles. Other employers are imposing  more...

Executory Contracts in Bankruptcy: What Every Attorney Needs to Know ...ruptcy filings can unexpectedly disrupt the expectations, rights and remedies of contract counterparties. This teleconference seeks to demystify the idiosyncrasies of Bankruptcy Code Section 365. You'll hear strategies for avoiding traps for the unwary and protecting the value of contract rights from the perspectives of both the debtor and the nondebtor counterparties. This program is  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...

The Dilemma of Dealing With Bad Plans and Specs: Key Legal Concepts and Tips for Pro-actively Managing Design Errors, Omissions ...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...

Fair Housing Act: 2009 Hot Topics ...ntion in the courts in the past several years: disability rights and familial status. The program, which focuses on multifamily dwellings, both rental and condominium-type ownership, is intended to provide information to those performing acquisition due diligence, to apprise them of the current hot issues in the courts and enforcement actions ranging from state agency complaint letters to class  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 addresses 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...

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...

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...

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...

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...

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...

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...

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

Tax and Estate Planning for Clients Relocating to Florida nThis timely teleconference will highlight the legal and tax impact of a client relocating to Florida. Certainly the appeal of Florida's great weather can be too much to resist for some, but the move has consequences. Tax laws in Florida are generally much more favorable than the laws of the state the client is departing. Similarly, the laws impacting asset protection planning are generally more  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. n nLearning Objectives n- You will be able to learn available sources of land records information. n- You will be able to describe classifications of legal descriptions. n- You will be able to learn risk  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...

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. n nLearning Objectives n- You will be able to recall factors to consider in choosing between lump sum and cost-plus contracts. n- You will be able to compare advantages and disadvantages of lump sum and cost-plus contracts. n- You will be able to specify current economic climate on  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...

Employee Discipline for Conduct Outside of Work ...mative 90-minute teleconference, you will learn the legal rights and responsibilities of employers in disciplining employees for conduct outside of work. You'll 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...

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 teleconference 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 care  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...