Rule 23 Telephone Seminars - Training Resources

Satisfying OFCCP's Internet Applicant Rules BenefitsThe OFCCP has further clarified the long awaited definition of an Internet applicant and the revised guidance gives employers additional direction and assistance into this new and growing area of employment issues. Moreover, the OFCCP has initiated a systematic process for monitoring adherence to the Internet Applicant Rule. This teleconference will review the new and expanded OFCCP  more...

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

The New ADA Design Standards- When, Where, and How? BenefitsThere has been a great deal of speculation about when the Department of Justice will adopt the revised ADA/ABA Guidelines as the new ADA Design Standards and the implications of the proposed changes. This teleconference will provide an update on the status of the new rule, a highlight of the major changes, and the potential implications for your business and clients. Presenters include  more...

EPA's Rules on Compensatory Mitigation for Impact on Wetlands, Streams and Other Waters BenefitsIn 2008, the U.S. Army Corps of Engineers adopted new rules that dramatically changed its approach to mitigation under Section 404 of the Clean Water Act, which regulates fill in wetlands and other waters of the United States. The new rules adopt a mitigation hierarchy that moves away from the prior preference for on-site, in-kind mitigation in favor of mitigation banks and watershed-based  more...

Battle of the Forms: Back to the Basics and Recent Developments BenefitsConflicting terms and conditions exchanged between contracting parties create recurring and vexing problems. The parties are often left with significant uncertainty regarding the terms of their contract, which presents significant commercial and legal challenges as they seek to ensure performance and enforce their rights and remedies. The battle of the forms presents complex challenges for  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...

Economic Nexus Standards in State Taxation BenefitsA state's ability to impose taxes on a multi-state 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. In today's economy, however, states are continuing to push nexus limits farther than ever  more...

Current Issues in Cell Tower Regulation BenefitsThis teleconference will provide you with a description of the major issues and decisions in current federal zoning cases involving cellular towers, practice pointers on how municipalities can successfully handle cell tower zoning cases, and a description of the new federal backup power rule for cell towers and its implications for municipalities. You will gain a useful understanding  more...

New Federal Rule of Evidence 502 - Preservation or Waiver of the Attorney Client Privilege and Work Product Protection in Federa 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...

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...

Protecting Attorney Work Product in Communications With Testifying and Consulting Experts BenefitsTechnology has rendered communications with critical expert witnesses as easy as an email, a text message or a voice mail. Many attorneys fall into the trap of engaging in informal communications with experts that are later revealed through discovery. Experts also create materials or communicate in a way that is subject to disclosure. These communications and materials can undercut the  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...

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...

Understanding the New Penalties for Tax Preparers nSignificant changes have been made to the preparer penalty of IRC §6694 since 2007. The standard of care needed to avoid the penalty has been raised, the penalty is greater and the reach of the penalty is broader. In addition, there are various other penalties and rules of conduct you must be aware of and new guidance has been issued in several of these areas in the past year. It is imperative  more...

New Rules and Formats for International ACH Transactions nInternational commerce is rapidly growing but with that growth comes challenges, the most significant being the need to track transactions to ensure funds are not being disbursed to or from individuals that are threats to the U.S. The Office of Foreign Asset Control is the government organization that tracks this information. Their regulations require that all international transactions comply  more...

Introduction to New ICD-10 Coding: Preparing for Implementation nThe International Classification of Disease and Operations, Ninth Edition has out-lived its usefulness for capturing morbidity and mortality amongst the world population. Most developed nations transitioned to ICD-10 several years ago, but because of the tie of ICD-9-CM to payments in the United States there have been a series of delays in the US implementation. As the US moves a lightening speed  more...

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...

Understanding the New GFE and HUD-1/IA Settlement Statements nEffective January 1, 2010, all residential mortgage loan originators will have to change their loan origination forms and procedures to comply with a new rule recently adopted by the U.S. Department of Housing and Urban Development. The new rule dramatically changes both the Good Faith Estimate and the HUD-1 and HUD-1A Uniform Settlement Statements required by the federal Real Estate Settlement  more...

FASB Statement 157 - Fair Value Update on Corporate Asset Valuation nOver the past 12 months we've seen unprecedented turmoil in the financial services industry, capital markets and global economy. Perhaps an overused term, but "perfect storm" seems like an apt descriptor for the economic events of 2008. While implementing changes mandated by FASB 157 could be challenging for companies - and has been in some cases - the rule aims to make it easier to communicate  more...

401(k) Plan Costs Including Recent Update on Supreme Court Rule LaRue v. DeWolff, Boberg & Associates Inc. nUnhappy employees, U.S. Department of Labor investigations, IRS investigations, massive class action lawsuits - an ever-expanding list of factors bombards sponsors of 401(k) plans and places companies and their management potentially in the cross hairs. From Enron, Worldcom and Sarbanes-Oxley, to the more recent massive class actions filed against Fortune 500 companies regarding 401(k) plan  more...

Multiplaintiff Settlement Negotiations ...iffs' counsel increasingly are relying on the benefits of Rule 23 certification to bring their wage and hour claims under applicable state wage and hour laws, bypassing the more restrictive FLSA collective action "opt-in" process. Where courts have shown reluctance to certify Rule 23 classes under discrimination laws, plaintiffs' counsel simply bring multiplaintiff cases naming long lists of  more...

State Income Tax Apportionment-The Sales Factor and The Throwback Rule Benefits This teleconference will provide an in-depth analysis of the sales factor used in state and local income tax apportionment. You'll learn all about the sourcing of sales of tangible personal property and services, including the dock sales test and market-based sourcing. Find out what you need to know about the throwback rule and the throw-out rule. Get expert advice on handling issues  more...