Rule 23 Telephone Seminars

Cell Tower Zoning: Overview and Current Issues BenefitsThis live audio conference will describe the major elements and issues under the 1996 Federal cell tower zoning statute, including the FCC's 2009 shot clock rule setting 90/150 day deadlines to act on zoning applications, the pending FCC Notice of Inquiry on cell tower zoning, the major federal zoning cases involving cellular towers and practice pointers on how municipalities can  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...

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...

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...

Satisfying OFCCP's Internet Applicant Rules BenefitsThe Office of Federal Contract Compliance Programs continues to clarify the definition of an Internet applicant and the evolving guidance gives employers additional direction and assistance. Moreover, the OFCCP has initiated a systematic process for monitoring adherence to the Internet Applicant Rule. This live audio conference will review the continuously developing OFCCP guidance and  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...

IPPS Final Rule BenefitsThe Inpatient Prospective Payment System (IPPS) was implemented in 1983 replacing a cost-based reimbursement methodology in an effort to better control the costs of providing care to the Medicare inpatient and to incentivize hospitals to better manage utilization. As time has passed CMS has modified the program to better recognize severity of illness AND to reduce payments to hospitals for  more...

California E-Discovery Rules: Still in Their Infancy 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, 2009, the Judicial Council followed suit by amending California Rule of Court 3.724 to require  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...

Economic Nexus Standards in State Taxation 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. In today's economy, however, states are continuing to push nexus limits farther than ever  more...

Trust Situs and State Taxation: Practical Planning Implications BenefitsState tax departments are becoming more aggressive at collecting revenues and the trend is likely to continue in light of state fiscal issues. Trusts are no exceptions. The rules under which a state can tax a trust are complex and changing in more aggressive ways. How can a state tax a trust? What planning steps can be taken? What must you understand when preparing tax returns? Each rule  more...

Ohio Prompt Payment Act Update BenefitsThe Prompt Payment Act contains some often misunderstood or overlooked requirements that are critical to protecting project profitability. Cash flow is the lifeblood for most companies, but particularly contractors. Many contractors, subcontractors, specialty trades and suppliers are forced to finance the construction of a project as a result of delayed payment from their contracting  more...

Risk-Based Pricing Regulation Update: Are You Ready for the Upcoming Compliance Deadline? BenefitsThe Risk-Based Pricing Rule is effective January 1, 2011, and requires all lenders to provide a specific notice to a consumer when the lender sets or adjusts the price and other terms of credit provided to the consumer based on the consumer's credit report. In this teleconference, you will learn the various strategies for compliance, including the special exceptions for auto lending,  more...

Asperger's Syndrome, NVLD and High Functioning Autism: Diagnosis, Treatment Considerations and Controversies BenefitsThe benefits of this cutting-edge seminar are specifically because most presentations cover just autism, Asperger's syndrome or nonverbal learning disorders. We will compare symptoms, discuss the perils of misdiagnosis and attempt to understand why the vast majority of these children and teens are initially misdiagnosed, and what improper treatment can cause. Co-morbidity is the rule, not  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...

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...

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...

FASB Statement 157 - Fair Value Update on Corporate Asset Valuation BenefitsDuring the past 24 months we've seen unprecedented volatility in the financial services industry, capital markets, and global economy. While implementing changes mandated by FAS 157 (ASC 820) has been challenging for many companies - the rule aims to make it easier to communicate value to shareholders. This teleconference will provide an overview of FAS 157 (ASC 820) guidelines, including  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...

Understanding the New GFE and HUD-1/1A Settlement Statements Benefits strong Effective 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. /strong The new rule dramatically changes both the Good Faith Estimate and the HUD-1 and HUD-1A Uniform Settlement Statements required by the federal  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...

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...

Climate Change and Federal Greenhouse Gas Reporting Rules BenefitsOn October 30, 2009, EPA published the Greenhouse Gasa Reporting Rule, which required approximately 10,000 facilities in a broad range of industrial and manufacturing sectors to begin monitoring and reporting greenhouse gas emissions. The rule is intended to inform EPA policy decisions, including possible new source performance standards for GHGs under the Clean Air Act. This  more...

Your Organization's Obligations Under the FTC's Red Flags Rule: A Comprehensive Overview BenefitsThe Federal Trade Commission's Identity Theft Red Flags Rule is set to go into effect on June 1, 2010. Yet, uncertainty remains as to which organizations are subject to the rule and what it takes to comply with the rule's requirements. Compliance is further complicated by the rule's nonprescriptive nature. Rather than tell organizations subject to the rule what they must include in their  more...

Scope, Extent and Effect of EPA's New "All Appropriate Inquiry Standard" for Environmental Due Diligence BenefitsThis teleconference will explain who is affected by the EPA final rule, when all appropriate inquiries must be conducted or updated, and what specific activities the final rule requires. You will hear from one of the leading experts on CERCLA, brownfields and lender liability on the EPA's all appropriate inquiries final rule. Learning Objectives - You will be able to define all  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...

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...