Course1

LIVE REPLAY: Selling to Consumers: Sales, Finance, Warranty & Collection Law, Part 2

$79.00

There is no larger market than sales of goods to consumers.  Though the opportunities for your clients are vast, selling to consumers is unlike selling to other businesses. Sales to consumers are governed by overlapping layers of regulations covering how those sales are financed, what warranties are implied by law versus expressly made by the seller, and – when need arises – debt collection of defaulted accounts. Failure to understand and comply with these layers of complexity can lead to consumer complaints and regulatory action, litigation and substantial liability. This program will provide you a framework for understanding the law of consumer sales, including financing those sales, express and implied warranties imposed by law, and debt collection from consumers.    Day 1 September 27, 2022: Essential law governing sales to consumers – sales law, finance, warranties Sales law – how consumer sales differ from commercial sales Consumer finance – securing the sales with collateral and anticipating defaults Role of the Uniform Consumer Credit Code and Reg Z Role of the new federal Consumer Financial Protection Bureau   Day 2 September 28, 2022: Understanding the role of implied and express warranties in consumer sales under federal law Limiting a seller’s exposure to warranties and otherwise managing risk Overview Fair Debt Collection Practices Act and the Consumer Credit Protection Act Permissible debt collection practices in consumer sales and potential liability Communications with debtors and third parties and required disclosures Best practices to avoid liability for businesses, lawyers, and law firms   Speaker: Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property.  He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities.  Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee.  Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 3/23/2023
    Presented
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Course1

LIVE REPLAY: Selling to Consumers: Sales, Finance, Warranty & Collection Law, Part 2

$79.00

There is no larger market than sales of goods to consumers.  Though the opportunities for your clients are vast, selling to consumers is unlike selling to other businesses. Sales to consumers are governed by overlapping layers of regulations covering how those sales are financed, what warranties are implied by law versus expressly made by the seller, and – when need arises – debt collection of defaulted accounts. Failure to understand and comply with these layers of complexity can lead to consumer complaints and regulatory action, litigation and substantial liability. This program will provide you a framework for understanding the law of consumer sales, including financing those sales, express and implied warranties imposed by law, and debt collection from consumers.    Day 1 September 27, 2022: Essential law governing sales to consumers – sales law, finance, warranties Sales law – how consumer sales differ from commercial sales Consumer finance – securing the sales with collateral and anticipating defaults Role of the Uniform Consumer Credit Code and Reg Z Role of the new federal Consumer Financial Protection Bureau   Day 2 September 28, 2022: Understanding the role of implied and express warranties in consumer sales under federal law Limiting a seller’s exposure to warranties and otherwise managing risk Overview Fair Debt Collection Practices Act and the Consumer Credit Protection Act Permissible debt collection practices in consumer sales and potential liability Communications with debtors and third parties and required disclosures Best practices to avoid liability for businesses, lawyers, and law firms   Speaker: Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property.  He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities.  Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee.  Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 3/23/2023
    Presented
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Course1

Nonprofits and Commercial Real Estate

$79.00

Nonprofit and exempt organizations are often attracted to real estate because the asset class is seen as comparatively safe yet offers opportunities for long-term appreciation and, perhaps, ongoing income.  Even if these investment assumptions prove correct, real estate assets – ownership of exiting property, development of new property, or leasing activities – implicate a range of restrictions, complications, and compliance obligations.  These include regulatory restrictions depending on whether the real estate investment furthers the entity’s charitable purpose or not; collaborations with for-profit joint ventures; and debt financing of investments.  This program will provide you with a real world guide to advising nonprofit and exemption organization clients about real estate activities.   Use of 501(c)(3) funds for real estate acquisition and development Restrictions of using nonprofit/exempt organization funds in for-profit real estate transactions Compliance issues for nonprofit/exempt organizations participating in real estate deals Planning for event something goes wrong – how to limit damage to for-profit and nonprofit   Speaker: Michael Lehmann is a partner in the New York office of Dechert, LLP, where he specializes in tax issues related to non-profits and in the tax treatment of cross-border transactions.  He advises hospitals and other health care providers, research organizations, low-income housing developers, trade associations, private foundations and arts organizations.  He advises clients on obtaining and maintaining tax-exempt status, executive compensation, reorganizations and joint ventures, acquisitions, and unrelated business income planning.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 3/24/2023
    Presented
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Course1

Nonprofits and Commercial Real Estate

$79.00

Nonprofit and exempt organizations are often attracted to real estate because the asset class is seen as comparatively safe yet offers opportunities for long-term appreciation and, perhaps, ongoing income.  Even if these investment assumptions prove correct, real estate assets – ownership of exiting property, development of new property, or leasing activities – implicate a range of restrictions, complications, and compliance obligations.  These include regulatory restrictions depending on whether the real estate investment furthers the entity’s charitable purpose or not; collaborations with for-profit joint ventures; and debt financing of investments.  This program will provide you with a real world guide to advising nonprofit and exemption organization clients about real estate activities.   Use of 501(c)(3) funds for real estate acquisition and development Restrictions of using nonprofit/exempt organization funds in for-profit real estate transactions Compliance issues for nonprofit/exempt organizations participating in real estate deals Planning for event something goes wrong – how to limit damage to for-profit and nonprofit   Speaker: Michael Lehmann is a partner in the New York office of Dechert, LLP, where he specializes in tax issues related to non-profits and in the tax treatment of cross-border transactions.  He advises hospitals and other health care providers, research organizations, low-income housing developers, trade associations, private foundations and arts organizations.  He advises clients on obtaining and maintaining tax-exempt status, executive compensation, reorganizations and joint ventures, acquisitions, and unrelated business income planning.  Mr. Lehmann received his A.B., magna cum laude, from Brown University, his J.D. from Columbia Law School, and his LL.M. from New York University School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 3/24/2023
    Presented
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Course1

Mother Nature & Leases: Drafting Issues to Protect Against Storm & Other Damage

$79.00

As extreme weather becomes more common, landlords and tenants are spending more time with overlooked lease provisions on weather-related damage.  When a weather or other “Act of God” event occurs, the tenants often have a wider array of remedies, including sometimes termination of the lease, and landlord’s see their risk (and thereby their costs) increase substantially.  As the probability of these events become less than trivial, it’s important reassess whether “boiler-plate” provisions still make economic and risk-management sense. This program will provide you with a real-world guide to drafting and reviewing weather-related and other force majeure provisions in commercial leases.   Intricacies of force majeure clauses in leases Termination rights – triggers for landlords and tenants Economic concessions – rent abatement and other financial considerations Duty of landlord to restore, rights of tenant to access property & construction issues Practical, timely and cost-effective assertion of rights   Speaker: Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 3/24/2023
    Avail. Until
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Course1

Nonprofits and Commercial Real Estate

$79.00

Nonprofit and exempt organizations are often attracted to real estate because the asset class is seen as comparatively safe yet offers opportunities for long-term appreciation and, perhaps, ongoing income.  Even if these investment assumptions prove correct, real estate assets – ownership of exiting property, development of new property, or leasing activities – implicate a range of restrictions, complications, and compliance obligations.  These include regulatory restrictions depending on whether the real estate investment furthers the entity’s charitable purpose or not; collaborations with for-profit joint ventures; and debt financing of investments.  This program will provide you with a real world guide to advising nonprofit and exemption organization clients about real estate activities.   Use of 501(c)(3) funds for real estate acquisition and development Restrictions of using nonprofit/exempt organization funds in for-profit real estate transactions Compliance issues for nonprofit/exempt organizations participating in real estate deals Planning for event something goes wrong – how to limit damage to for-profit and nonprofit   Speaker: Michael Lehmann is a partner in the New York office of Dechert, LLP, where he specializes in tax issues related to non-profits and in the tax treatment of cross-border transactions.  He advises hospitals and other health care providers, research organizations, low-income housing developers, trade associations, private foundations and arts organizations.  He advises clients on obtaining and maintaining tax-exempt status, executive compensation, reorganizations and joint ventures, acquisitions, and unrelated business income planning.  Mr. Lehmann received his A.B., magna cum laude, from Brown University, his J.D. from Columbia Law School, and his LL.M. from New York University School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 3/26/2023
    Avail. Until
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Course1

LIVE REPLAY: Director and Officer Liability

$79.00

Statutory and common law impose certain fiduciary duties—care, diligence, good faith, and fair dealing—on directors and managers of corporate entities, managers of LLCs, and in certain instances members of LLCs. The corporate and organizational opportunity doctrines also operate to restrict the activity of closely held company stakeholders, preventing misappropriation of certain corporate or LLC opportunities. In certain instances, the owners of the entity may want to expand, limit, or even entirely eliminate these duties. Depending on the entity involved and the specific duty, the law may allow modification by agreement, but unintended consequences may be substantial. This program provides you with a practical guide to fiduciary duties in corporations and LLCs, how they may be modified, and the possible consequences.    Fiduciary duties in closely held corporations and LLCs• Corporate fiduciary duties and standards of review—duty of loyalty and duty of care Conflicts of interest and self-dealing issues in closely held corporations Fiduciary duties in LLCs—standards set by contract and by law Which duties may be modified or eliminated—and which may not  How the corporate and organizational opportunity doctrines work in closely held companies.   Speaker: Frank Ciatto is a partner in the Washington, DC, office of Venable LLP, where he advises clients on mergers and acquisitions, limited liability companies, tax and accounting issues, and corporate finance transactions. He is a leader of his firm’s private equity and hedge fund groups and a member of the ABA Business Law Section Mergers & Acquisitions Subcommittee. He is also a Certified Public Accountant. James DePaoli is an attorney in the Washington, DC, office of Venable LLP, where his practice focuses on corporate and commercial matters. He represents clients in the acquisition and disposition of assets and securities, mergers, and other business combinations and reorganizations.

  • Teleseminar
    Format
  • 60
    Minutes
  • 3/27/2023
    Presented
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Course1

LIVE REPLAY: Director and Officer Liability

$79.00

Statutory and common law impose certain fiduciary duties—care, diligence, good faith, and fair dealing—on directors and managers of corporate entities, managers of LLCs, and in certain instances members of LLCs. The corporate and organizational opportunity doctrines also operate to restrict the activity of closely held company stakeholders, preventing misappropriation of certain corporate or LLC opportunities. In certain instances, the owners of the entity may want to expand, limit, or even entirely eliminate these duties. Depending on the entity involved and the specific duty, the law may allow modification by agreement, but unintended consequences may be substantial. This program provides you with a practical guide to fiduciary duties in corporations and LLCs, how they may be modified, and the possible consequences.   • Fiduciary duties in closely held corporations and LLCs• Corporate fiduciary duties and standards of review—duty of loyalty and duty of care• Conflicts of interest and self-dealing issues in closely held corporations• Fiduciary duties in LLCs—standards set by contract and by law• Which duties may be modified or eliminated—and which may not• How the corporate and organizational opportunity doctrines work in closely held companies.   Speaker: Frank Ciatto is a partner in the Washington, DC, office of Venable LLP, where he advises clients on mergers and acquisitions, limited liability companies, tax and accounting issues, and corporate finance transactions. He is a leader of his firm’s private equity and hedge fund groups and a member of the ABA Business Law Section Mergers & Acquisitions Subcommittee. He is also a Certified Public Accountant. James DePaoli is an attorney in the Washington, DC, office of Venable LLP, where his practice focuses on corporate and commercial matters. He represents clients in the acquisition and disposition of assets and securities, mergers, and other business combinations and reorganizations.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 3/27/2023
    Presented
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Course1

Trust and Estate Planning with Rising and Volatile Interest Rates

$79.00

Interest rates are at historically low levels and the Federal Reserve has repeatedly made clear that they will remain so for the foreseeable future.  Low rates create both opportunities and traps for estate planners.  Several advanced planning techniques, including self-cancelling installment notes on sales of property to family members, rely on low rates to achieve tax-favored results. Though these planning techniques lower estate and gift taxes, they also produce income tax traps.  For instance, if not properly structured, loans at low rates to a family member might result in imputed interest on the loan being attributed to the benefactor. This program will provide you with a practical guide to the estate and gift planning structures in a low interest rate environment and how to avoid income tax traps. Techniques for capitalizing on low interest rates in estate and trust planning Common income tax traps, including imputed interest on a loan to a child and election mistakes Utilizing installment sales to family members and low rate loans Techniques for using GRATs and Charitable Lead Trusts Understanding sales to intentionally defective grantor trusts Self-cancelling installment notes   Speaker: Jeremiah W. Doyle, IV is senior vice president in the Boston office of BNY Mellon Wealth Management, where he provides integrated wealth management advice to high net worth individuals on holding, managing and transferring wealth in a tax-efficient manner.  He is the editor and co-author of “Preparing Fiduciary Income Tax Returns,” a contributing author of Preparing Estate Tax Returns, and a contributing author of “Understanding and Using Trusts,” all published by Massachusetts Continuing Legal Education.  Mr. Doyle received his B.S. from Providence College, his J.D. form Hamline University Law School, and his LL.M. in banking from Boston University Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 3/28/2023
    Presented
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Course1

Trust and Estate Planning with Rising and Volatile Interest Rates

$79.00

Interest rates are at historically low levels and the Federal Reserve has repeatedly made clear that they will remain so for the foreseeable future.  Low rates create both opportunities and traps for estate planners.  Several advanced planning techniques, including self-cancelling installment notes on sales of property to family members, rely on low rates to achieve tax-favored results. Though these planning techniques lower estate and gift taxes, they also produce income tax traps.  For instance, if not properly structured, loans at low rates to a family member might result in imputed interest on the loan being attributed to the benefactor. This program will provide you with a practical guide to the estate and gift planning structures in a low interest rate environment and how to avoid income tax traps. Techniques for capitalizing on low interest rates in estate and trust planning Common income tax traps, including imputed interest on a loan to a child and election mistakes Utilizing installment sales to family members and low rate loans Techniques for using GRATs and Charitable Lead Trusts Understanding sales to intentionally defective grantor trusts Self-cancelling installment notes   Speaker: Jeremiah W. Doyle, IV is senior vice president in the Boston office of BNY Mellon Wealth Management, where he provides integrated wealth management advice to high net worth individuals on holding, managing and transferring wealth in a tax-efficient manner.  He is the editor and co-author of “Preparing Fiduciary Income Tax Returns,” a contributing author of Preparing Estate Tax Returns, and a contributing author of “Understanding and Using Trusts,” all published by Massachusetts Continuing Legal Education.  Mr. Doyle received his B.S. from Providence College, his J.D. form Hamline University Law School, and his LL.M. in banking from Boston University Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 3/28/2023
    Presented
SEE MORE
Course1

LIVE REPLAY: Ethics for Business Lawyers

$79.00

Lawyers advising businesses on transactions or negotiating on their behalf often confront a range of important ethical questions.  The biggest is, who is your client?  Often a company’s owners or managers will not understand the distinction between representing them and representing the company? There are also issues of identifying and clearing conflicts among clients when they are negotiating transaction.  And what can a lawyer say or do when negotiating for a client? Also, lawyers are sometimes confronted with issues about what to do when clients are dishonest.  This program will provide you with a real world guide to ethical issues when representing clients in business transactions.    Ethical issues in business and corporate practice Identifying your client in a variety of transactional contexts – the company v. its managers? Conflicts of interest in representing both sides of a transaction Ethical issues in transactional negotiations and communications with represented parties Representing clients you know to be dishonest and reporting wrong-doing “up and out”   Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School. William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. He maintains the Website“Freivogel on Conflicts” at www.freivogelonconflicts.com<http://www.freivogelonconflicts.com/> .Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.

  • Teleseminar
    Format
  • 60
    Minutes
  • 3/29/2023
    Presented
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Course1

LIVE REPLAY: Ethics for Business Lawyers

$79.00

Lawyers advising businesses on transactions or negotiating on their behalf often confront a range of important ethical questions.  The biggest is, who is your client?  Often a company’s owners or managers will not understand the distinction between representing them and representing the company? There are also issues of identifying and clearing conflicts among clients when they are negotiating transaction.  And what can a lawyer say or do when negotiating for a client? Also, lawyers are sometimes confronted with issues about what to do when clients are dishonest.  This program will provide you with a real world guide to ethical issues when representing clients in business transactions.    Ethical issues in business and corporate practice Identifying your client in a variety of transactional contexts – the company v. its managers? Conflicts of interest in representing both sides of a transaction Ethical issues in transactional negotiations and communications with represented parties Representing clients you know to be dishonest and reporting wrong-doing “up and out”   Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School. William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. He maintains the Website“Freivogel on Conflicts” at www.freivogelonconflicts.com<http://www.freivogelonconflicts.com/> .Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 3/29/2023
    Presented
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Course1

LIVE REPLAY: Earnouts: Taking a Wait and See Approach to Valuation of Closely Held Companies

$79.00

The most highly negotiated provision of most transactions is price. Sellers want to maximize the value of the deal, putting the most optimistic spin historical and forward-looking projections.  Sellers take a more skeptical view, questioning the sustainability of growth and the accuracy of forecasts.  When differences over valuation cannotbe bridged, the parties may use an earnout, which allows them to both take a wait-and-see approach and still close the transaction. Earnouts generally involve a current payment from buyer to seller together with ongoing payments to the seller if the company performs as the seller projected.  But there are many drafting and operational traps when using earnouts.  This program will provide you with a practical guide to structuring and drafting earnouts to later disputes and litigation.   Most highly negotiated and litigated provisions in earnout agreements Post-closing operations – control by buyer, but informational access to seller Defining key metrics – objective, measurable and potential traps Relationship of earnouts to senior debt and other preferential returns Debt issues and how it impacts financial results – and post-closing payments How earnouts are different than escrow and holdbacks   Speakers: Frank Ciatto is a partner in the Washington, D.C. office of Venable, LLP, where he has 20 years’ experience advising clients on mergers and acquisitions, limited liability companies, tax and accounting issues, and corporate finance transactions.  He is a leader of his firm’s private equity and hedge fund groups and a member of the Mergers & Acquisitions Subcommittee of the ABA Business Law Section.  He is a Certified Public Accountant and earlier in his career worked at what is now PricewaterhouseCoopers in New York.  Mr. Ciatto earned his B.A., cum laude, at Georgetown University and his J.D. from Georgetown University Law Center. Daniel G. Straga is an attorney in the Washington, D.C. office of Venable, LLP, where he counsels companies on a wide variety of corporate and business matters across a range of industries. He advises clients on mergers and acquisitions, capital raising, venture capital, and governance matters.  Mr. Straga earned his J.D. from the George Washington University Law School and his B.A. from the University of Delaware. James DePaoli is an attorney in the Washington, D.C. office of Venable, LLP, where his practice focuses on corporate and commercial matters. He represents clients in the acquisition and disposition of assets and securities, mergers, and other business combinations and reorganizations. Mr. Paoli earned his B.S/B.A., magna cum laude, from Georgetown University and his J.D. from Duke University School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 3/30/2023
    Presented
SEE MORE
Course1

LIVE REPLAY: Earnouts: Taking a Wait and See Approach to Valuation of Closely Held Companies

$79.00

The most highly negotiated provision of most transactions is price. Sellers want to maximize the value of the deal, putting the most optimistic spin historical and forward-looking projections.  Sellers take a more skeptical view, questioning the sustainability of growth and the accuracy of forecasts.  When differences over valuation cannotbe bridged, the parties may use an earnout, which allows them to both take a wait-and-see approach and still close the transaction. Earnouts generally involve a current payment from buyer to seller together with ongoing payments to the seller if the company performs as the seller projected.  But there are many drafting and operational traps when using earnouts.  This program will provide you with a practical guide to structuring and drafting earnouts to later disputes and litigation.   Most highly negotiated and litigated provisions in earnout agreements Post-closing operations – control by buyer, but informational access to seller Defining key metrics – objective, measurable and potential traps Relationship of earnouts to senior debt and other preferential returns Debt issues and how it impacts financial results – and post-closing payments How earnouts are different than escrow and holdbacks   Speakers: Frank Ciatto is a partner in the Washington, D.C. office of Venable, LLP, where he has 20 years’ experience advising clients on mergers and acquisitions, limited liability companies, tax and accounting issues, and corporate finance transactions.  He is a leader of his firm’s private equity and hedge fund groups and a member of the Mergers & Acquisitions Subcommittee of the ABA Business Law Section.  He is a Certified Public Accountant and earlier in his career worked at what is now PricewaterhouseCoopers in New York.  Mr. Ciatto earned his B.A., cum laude, at Georgetown University and his J.D. from Georgetown University Law Center. Daniel G. Straga is an attorney in the Washington, D.C. office of Venable, LLP, where he counsels companies on a wide variety of corporate and business matters across a range of industries. He advises clients on mergers and acquisitions, capital raising, venture capital, and governance matters.  Mr. Straga earned his J.D. from the George Washington University Law School and his B.A. from the University of Delaware. James DePaoli is an attorney in the Washington, D.C. office of Venable, LLP, where his practice focuses on corporate and commercial matters. He represents clients in the acquisition and disposition of assets and securities, mergers, and other business combinations and reorganizations. Mr. Paoli earned his B.S/B.A., magna cum laude, from Georgetown University and his J.D. from Duke University School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 3/30/2023
    Presented
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Course1

LIVE REPLAY: Ethics and Virtual Law Offices

$79.00

Technology allows lawyers far more flexibility to practice law virtually – from home or in shared settings – than ever before.  No longer must they maintain freestanding offices, support staff, and libraries. Lawyers can set-up offices in their homes, communicate with clients, adversaries and the courts electronically, outsource overflow work to co-counsel or vendors, and establish web sites that can reach potential clients. These “virtual” practices are increasingly commonplace, but the relative ease with which they are established obscures many significant ethical issues.This program will provide you with a practical guide to significant issues when lawyers and law firms establish “virtual” law practices.   Disclosure to clients of the virtual character of a law practice Electronic communications, confidentiality, and ethical risks in virtual practices Ethical issues when lawyers share office space or other resources but practice separately How Web sites and a “virtual” presence implicate multijurisdictional practice issues Outsourcing work to vendors or co-counsel, and ensuring its competently performed Requirements and risks when offering legal advice across state lines Duty to understand law office technology as a duty of competence   Speakers: H. Michael Drumm is the founder and member of Drumm Law, LLC in Denver, Colorado, where he has an extensive franchise, trademark and business transactional practice.  He works with franchisors across industries nationwide helping them draft, file and renew their franchise Disclosure Documents and franchise agreements.  He has a specialty representing craft breweries to help them trademark their brands and protect their intellectual property. He has been repeatedly honored by Franchise Times magazine as a “Legal Eagle” and has been designated by the International Franchise Association as a “Certified Franchise Executive.”  Mr. Drumm received his BSBA from the University of Missouri-Columbia and his J.D. from the University of Texas School of Law. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 3/31/2023
    Presented
SEE MORE
Course1

LIVE REPLAY: Ethics and Virtual Law Offices

$79.00

Technology allows lawyers far more flexibility to practice law virtually – from home or in shared settings – than ever before.  No longer must they maintain freestanding offices, support staff, and libraries. Lawyers can set-up offices in their homes, communicate with clients, adversaries and the courts electronically, outsource overflow work to co-counsel or vendors, and establish web sites that can reach potential clients. These “virtual” practices are increasingly commonplace, but the relative ease with which they are established obscures many significant ethical issues.This program will provide you with a practical guide to significant issues when lawyers and law firms establish “virtual” law practices.   Disclosure to clients of the virtual character of a law practice Electronic communications, confidentiality, and ethical risks in virtual practices Ethical issues when lawyers share office space or other resources but practice separately How Web sites and a “virtual” presence implicate multijurisdictional practice issues Outsourcing work to vendors or co-counsel, and ensuring its competently performed Requirements and risks when offering legal advice across state lines Duty to understand law office technology as a duty of competence   Speakers: H. Michael Drumm is the founder and member of Drumm Law, LLC in Denver, Colorado, where he has an extensive franchise, trademark and business transactional practice.  He works with franchisors across industries nationwide helping them draft, file and renew their franchise Disclosure Documents and franchise agreements.  He has a specialty representing craft breweries to help them trademark their brands and protect their intellectual property. He has been repeatedly honored by Franchise Times magazine as a “Legal Eagle” and has been designated by the International Franchise Association as a “Certified Franchise Executive.”  Mr. Drumm received his BSBA from the University of Missouri-Columbia and his J.D. from the University of Texas School of Law. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 3/31/2023
    Presented
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Course1

Undue Influence and Duress in Estate Planning

$79.00

Elderly and other clients with diminished physical or intellectual capacity are often the victims of undue influence or duress in disposition of their property.  They are often dependent on a caregiver, relative or other person for social interaction or essential mobility and functioning.  This makes them ripe for exploitation by the unscrupulous.  From a trust and estate planner’s perspective, undue influence and duress undermine the client’s true intent and jeopardize the validity of estate and trust instruments. This program will provide you with a world guide to spotting warning signs of undue influence and duress, drafting considerations, and the risks of litigation challenging trust and estate plans.   Undue influence and duress risks in trust and estate planning Elements of undue influence – motive, opportunity and actual exercise Understanding what constitutes duress How to spot warning signs or red flags of undue influence and duress Drafting considerations to preserve the true intent of a client and prevent challenges Court battles – burdens of proof, assessing likelihood of successful challenges   Speaker: Steven B. Malech is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm’s probate litigation practice group.  He is represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars. Mr. Malech received his B.A., with special honors, from the University of Texas and his J.D. from the Connecticut School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 3/31/2023
    Avail. Until
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Course1

Due Diligence in Business Transactions

$79.00

Due diligence, often guided by lawyers, is essential to the success of major business transactions and poorly planned or conducted diligence can contribute to a buyer not getting the benefit of its bargain.  Diligence helps confirm essential assumptions about the value of a transaction and aids the discovery of unknown liabilities. There’s also a subtle relationship between the content of diligence and the time allowed to conduct it.  In more robust market environments, sellers have the upper hand and can limit diligence, making the process about time allocation and risk management. This program will provide you with a practical guide to planning the diligence process, understanding the most important areas of inquiry depending on the type of transaction, and review checklists.   What to diligence, utilizing experts, and managing the process and time Impact of market environment on the length and scope of diligence Checklists – what information do you need to get, from whom, and on what timeline? Hard assets v. soft assets – how to diligence the validity and title to each Contracts with suppliers and customers – ensuring stability and visibility of revenue Financial records and statements – what should attorneys look for?   Speaker: C. Ben Huber is a partner in the Denver office of Greenburg Traurig, LLP, where he has a broad transactional practice encompassing mergers and acquisitions, restructurings and reorganizations, corporate finance, capital markets, venture funds, commercial transactions and general corporate law.  He also has substantial experience as counsel to high tech, biotech and software companies in the development, protection and licensing of intellectual property.  His clients include start-up companies, family- and other closely-held businesses, middle market business, Fortune 500 companies, venture funds and institutional investors.  Mr. Huber earned his B.A. from the University of Colorado and his J.D. at the University of Colorado Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 4/2/2023
    Avail. Until
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Course1

LIVE REPLAY: 2022 Ethics and Social Media Update

$79.00

  Lawyers use social media technology to collect and share information, and communicate with others, not only personally but also when acting as lawyers. Important and probative information about a case can be more easily found on social media than elsewhere. Social media is also easily used to communicate with existing or potential clients, colleagues or opposing lawyers, and the public. These and other uses of social media raise substantial ethical issues for lawyers – competence, confidentiality, preservation of the attorney-client privilege, and honesty.  This program will provide you with a practical guide to ethical issues when lawyers use social media for communication purposes in law practice.   Communicating with parties, opposing attorneys, and witnesses via social media Researching jurors, parties, witnesses and judges via social media Ethical issues with blogging, e-newsletters/law updates to clients, posting video “Friending” or otherwise connecting with judges, witnesses and others on social media Trends in texting, confidentiality, and discoverability Using web sites, online advertising and social media for client development   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/3/2023
    Presented
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Course1

LIVE REPLAY: 2022 Ethics and Social Media Update

$79.00

  Lawyers use social media technology to collect and share information, and communicate with others, not only personally but also when acting as lawyers. Important and probative information about a case can be more easily found on social media than elsewhere. Social media is also easily used to communicate with existing or potential clients, colleagues or opposing lawyers, and the public. These and other uses of social media raise substantial ethical issues for lawyers – competence, confidentiality, preservation of the attorney-client privilege, and honesty.  This program will provide you with a practical guide to ethical issues when lawyers use social media for communication purposes in law practice.   Communicating with parties, opposing attorneys, and witnesses via social media Researching jurors, parties, witnesses and judges via social media Ethical issues with blogging, e-newsletters/law updates to clients, posting video “Friending” or otherwise connecting with judges, witnesses and others on social media Trends in texting, confidentiality, and discoverability Using web sites, online advertising and social media for client development   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 4/3/2023
    Presented
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Course1

Due Diligence in Business Transactions

$79.00

Due diligence, often guided by lawyers, is essential to the success of major business transactions and poorly planned or conducted diligence can contribute to a buyer not getting the benefit of its bargain.  Diligence helps confirm essential assumptions about the value of a transaction and aids the discovery of unknown liabilities. There’s also a subtle relationship between the content of diligence and the time allowed to conduct it.  In more robust market environments, sellers have the upper hand and can limit diligence, making the process about time allocation and risk management. This program will provide you with a practical guide to planning the diligence process, understanding the most important areas of inquiry depending on the type of transaction, and review checklists.   What to diligence, utilizing experts, and managing the process and time Impact of market environment on the length and scope of diligence Checklists – what information do you need to get, from whom, and on what timeline? Hard assets v. soft assets – how to diligence the validity and title to each Contracts with suppliers and customers – ensuring stability and visibility of revenue Financial records and statements – what should attorneys look for?   Speaker: C. Ben Huber is a partner in the Denver office of Greenburg Traurig, LLP, where he has a broad transactional practice encompassing mergers and acquisitions, restructurings and reorganizations, corporate finance, capital markets, venture funds, commercial transactions and general corporate law.  He also has substantial experience as counsel to high tech, biotech and software companies in the development, protection and licensing of intellectual property.  His clients include start-up companies, family- and other closely-held businesses, middle market business, Fortune 500 companies, venture funds and institutional investors.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/4/2023
    Presented
SEE MORE
Course1

Due Diligence in Business Transactions

$79.00

Due diligence, often guided by lawyers, is essential to the success of major business transactions and poorly planned or conducted diligence can contribute to a buyer not getting the benefit of its bargain.  Diligence helps confirm essential assumptions about the value of a transaction and aids the discovery of unknown liabilities. There’s also a subtle relationship between the content of diligence and the time allowed to conduct it.  In more robust market environments, sellers have the upper hand and can limit diligence, making the process about time allocation and risk management. This program will provide you with a practical guide to planning the diligence process, understanding the most important areas of inquiry depending on the type of transaction, and review checklists.   What to diligence, utilizing experts, and managing the process and time Impact of market environment on the length and scope of diligence Checklists – what information do you need to get, from whom, and on what timeline? Hard assets v. soft assets – how to diligence the validity and title to each Contracts with suppliers and customers – ensuring stability and visibility of revenue Financial records and statements – what should attorneys look for?   Speaker: C. Ben Huber is a partner in the Denver office of Greenburg Traurig, LLP, where he has a broad transactional practice encompassing mergers and acquisitions, restructurings and reorganizations, corporate finance, capital markets, venture funds, commercial transactions and general corporate law.  He also has substantial experience as counsel to high tech, biotech and software companies in the development, protection and licensing of intellectual property.  His clients include start-up companies, family- and other closely-held businesses, middle market business, Fortune 500 companies, venture funds and institutional investors.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 4/4/2023
    Presented
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Course1

Appraisals in Commercial Real Estate Finance & Development

$79.00

Appraisals are part and parcel of every major realistic transaction.  Lenders will not loan without an appraisal.  Loan-to-value ratios are measured against the appraisal.  Investors will not invest without an appraisal.Appraisals are not set-piece documents, however; they involve a multiplicity of valuation metrics and different appraisers looking at the same property can and do generate widely varying valuations.  Because of their centrality to real estate transactions, understanding their structure and content is essential.  This program will provide you with a real-world guide to how appraisals are prepared and used in commercial real estate, their traps, and how they are incorporated into transactional documents.   Use of appraisals in obtaining funding for development projects and acquisitions Ensuring appraisals are prepared according to standards – and fraud risks if they are not Integrating appraisals in underlying operative documents What lawyers should look for in appraisals provided to clients – and how to spot red flags   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/5/2023
    Presented
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Course1

Appraisals in Commercial Real Estate Finance & Development

$79.00

Appraisals are part and parcel of every major realistic transaction.  Lenders will not loan without an appraisal.  Loan-to-value ratios are measured against the appraisal.  Investors will not invest without an appraisal.Appraisals are not set-piece documents, however; they involve a multiplicity of valuation metrics and different appraisers looking at the same property can and do generate widely varying valuations.  Because of their centrality to real estate transactions, understanding their structure and content is essential.  This program will provide you with a real-world guide to how appraisals are prepared and used in commercial real estate, their traps, and how they are incorporated into transactional documents.   Use of appraisals in obtaining funding for development projects and acquisitions Ensuring appraisals are prepared according to standards – and fraud risks if they are not Integrating appraisals in underlying operative documents What lawyers should look for in appraisals provided to clients – and how to spot red flags   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 4/5/2023
    Presented
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Course1

Default and Eviction of Commercial Real Estate Tenants

$79.00

When a commercial real estate tenant defaults on a lease, there is substantial risk not only for the tenant but also for the landlord.  Though the lease may specify extensive landlord remedies, most courts will strictly construe the lease against the landlord, requiring strict adherence to notice of default and other process-related provisions in the lease. Failure to comply with these provisions and the requirements of law exposes the landlord to substantial liability, including lease termination and loss of rent, even though the tenant is in default. There are additional risks if the landlord accepts partial rent payments from the tenant or takes possession of the leasehold or tenant chattels. This program will provide you with a practical guide to tenant default under commercial leases and provide tips for drafting leases to protect landlords.   Drafting in anticipation of tenant default Essential steps in providing notice of default and eviction Common landlord mistakes – waiver of tenant default, tenant lockouts, disposal of tenant/third party property Liability issues for landlord – lease termination, loss of rent, damages Tenant remedies for improper landlord actions   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/6/2023
    Presented
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Course1

Default and Eviction of Commercial Real Estate Tenants

$79.00

When a commercial real estate tenant defaults on a lease, there is substantial risk not only for the tenant but also for the landlord.  Though the lease may specify extensive landlord remedies, most courts will strictly construe the lease against the landlord, requiring strict adherence to notice of default and other process-related provisions in the lease. Failure to comply with these provisions and the requirements of law exposes the landlord to substantial liability, including lease termination and loss of rent, even though the tenant is in default. There are additional risks if the landlord accepts partial rent payments from the tenant or takes possession of the leasehold or tenant chattels. This program will provide you with a practical guide to tenant default under commercial leases and provide tips for drafting leases to protect landlords.   Drafting in anticipation of tenant default Essential steps in providing notice of default and eviction Common landlord mistakes – waiver of tenant default, tenant lockouts, disposal of tenant/third party property Liability issues for landlord – lease termination, loss of rent, damages Tenant remedies for improper landlord actions   Speaker: John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 4/6/2023
    Presented
SEE MORE
Course1

Appraisals in Commercial Real Estate Finance & Development

$79.00

Appraisals are part and parcel of every major realistic transaction.  Lenders will not loan without an appraisal.  Loan-to-value ratios are measured against the appraisal.  Investors will not invest without an appraisal.Appraisals are not set-piece documents, however; they involve a multiplicity of valuation metrics and different appraisers looking at the same property can and do generate widely varying valuations.  Because of their centrality to real estate transactions, understanding their structure and content is essential.  This program will provide you with a real-world guide to how appraisals are prepared and used in commercial real estate, their traps, and how they are incorporated into transactional documents.   Use of appraisals in obtaining funding for development projects and acquisitions Ensuring appraisals are prepared according to standards – and fraud risks if they are not Integrating appraisals in underlying operative documents What lawyers should look for in appraisals provided to clients – and how to spot red flags   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School. Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 4/7/2023
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Course1

Domestic Asset Protection Strategies for Trust and Estate Planners

$79.00

Though asset protection planning often seems to be the province of off-shore trusts available to only a limited range of clients, in fact asset protection planning utilizes a wide range of domestic planning vehicles, tools, and techniques that are of great value to many clients.  Exemption planning allows clients to preserve real estate and other forms of property against claims of creditors and tort claimants. Retirement plans, annuity and insurance contracts, properly structured and held, also provide creative solutions to protect assets.Each of these vehicles and techniques comes with risks that must be carefully explored, explained and hedged.  This program will provide you with a practical guide to utilizing domestic asset protection techniques to achieve client goals in trust and estate planning.   Asset protection with self-settled trusts, single member LLCs, and other entities Use of retirement fund accounts and plans to shield assets Strategies using annuity and insurance products to preserve assets Planning to maximize “exempt” assets under federal & state bankruptcy and creditor laws Risks and penalties if certain transfers are deemed fraudulent conveyances   Speaker: Jonathan E. Gopman is the managing partner of the Naples, Florida office of Akerman. LLP, where his practice focuses on sophisticated wealth accumulation and preservation planning strategies for entrepreneurs.  He is co-author of the revised version of the BNA Tax Management Portfolio “Estate Tax Payments and Liabilities.”  He is also a commentator on asset protection planning matters for Leimberg Information Services, Inc., a member of the legal advisory board of Commonwealth Trust Company in Wilmington, Delaware, and a member of the Society of Trust and Estate Practitioners. Mr. Gopman received his B.A. from the University of South Florida, his J.D. from Florida State University College of Law, and his LL.M. from the University of Miami.

  • MP3 Download
    Format
  • 60
    Minutes
  • 4/8/2023
    Avail. Until
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LIVE REPLAY: Ethics in Trust and Estate Practice

$79.00

Trust and estate practice often sits at the intersection of money, aging clients, family drama, easy accusations of self-dealing and misdeeds, dispute – and anger.  This turbulent combination of circumstances can put attorneys in difficult ethical spots. Questions about the competence of aging clients in combination with family drama can easily lead to ethical complaints and eventually litigation. There are also issues of decision-making authority and confidentiality if someone other than the client is paying for the representation.  Conflicts of interest, especially where a longtime client may gift something to the attorney, are rife. This program will provide you with a practical guide to substantial ethical issues in trust and estate practice. Working with clients with diminished capacity and protecting against challenges Confidentiality – understanding what information is confidential and when and to whom it can be disclosed Conflicts of interest – joint and common representations, husbands and wives, multiple generations of a family Gifts from clients – what lawyers may accept, what should they decline? Special issues when someone other than the client pays for a representation   Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School. Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 4/10/2023
    Presented
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Course1

LIVE REPLAY: Ethics in Trust and Estate Practice

$79.00

Trust and estate practice often sits at the intersection of money, aging clients, family drama, easy accusations of self-dealing and misdeeds, dispute – and anger.  This turbulent combination of circumstances can put attorneys in difficult ethical spots. Questions about the competence of aging clients in combination with family drama can easily lead to ethical complaints and eventually litigation. There are also issues of decision-making authority and confidentiality if someone other than the client is paying for the representation.  Conflicts of interest, especially where a longtime client may gift something to the attorney, are rife. This program will provide you with a practical guide to substantial ethical issues in trust and estate practice. Working with clients with diminished capacity and protecting against challenges Confidentiality – understanding what information is confidential and when and to whom it can be disclosed Conflicts of interest – joint and common representations, husbands and wives, multiple generations of a family Gifts from clients – what lawyers may accept, what should they decline? Special issues when someone other than the client pays for a representation   Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School. Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 4/10/2023
    Presented
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