Course1

LIVE REPLAY: Generation Skipping Transfer Tax: Planning Opportunities and Mistakes

$65.00

This session provides a deep dive into the intricacies of the generation skipping transfer tax (GSTT), focusing on strategies to maximize tax efficiency while avoiding common planning mistakes. From understanding the core principles of GSTT to leveraging exemptions and trusts, this program offers tools to navigate the complexities of wealth transfer planning. Whether you're advising high-net-worth clients or managing family trusts, this session will provide actionable guidance.   Highlights:   An overview of GSTT rules, exemptions, and exclusions. Strategic use of trusts to minimize GSTT liability. Common drafting mistakes and how to avoid them. Recent regulatory developments and their implications. Practical examples of GSTT planning in action.   Speaker: 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.   Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/3/2025
    Presented
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Course1

LIVE REPLAY: Generation Skipping Transfer Tax: Planning Opportunities and Mistakes

$65.00

This session provides a deep dive into the intricacies of the generation skipping transfer tax (GSTT), focusing on strategies to maximize tax efficiency while avoiding common planning mistakes. From understanding the core principles of GSTT to leveraging exemptions and trusts, this program offers tools to navigate the complexities of wealth transfer planning. Whether you're advising high-net-worth clients or managing family trusts, this session will provide actionable guidance.   Highlights:   An overview of GSTT rules, exemptions, and exclusions. Strategic use of trusts to minimize GSTT liability. Common drafting mistakes and how to avoid them. Recent regulatory developments and their implications. Practical examples of GSTT planning in action.   Speaker: 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.   Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute. 

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/3/2025
    Presented
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Course1

LIVE REPLAY: Litigation Ethics: Disqualification and Sanctions

$65.00

Disqualification standards have their roots in conflicts of interests. When an attorney has a conflict that rises to a certain level, he or she is disqualified from representing a certain party in litigation. Though ethics rules substantially overlap with disqualification standards, those standards do not follow traditional conflicts analysis in every detail.  Indeed, the relationship between conflicts of interest (and related confidentiality concerns) and disqualification is highly nuanced, varying depending on facts of each case.  There are also substantial issues in the context of joint representations, including whether the disqualification of one attorney necessarily disqualifies co-counsel.  This program will provide you with a practical guide to attorney ethics rules and their relationship to disqualification in litigation.   Attorney ethics, conflicts of interest, and disqualification standards How ethics rules and disqualification standards overlap and vary from each other Ethics standards and tests for obtaining – or defending against disqualification Joint representations and disqualification – if co-counsel is disqualified, are you? Screening for conflicts of interest and the risk of imputation of conflicts/disqualification to other attorneys Ethical sanctions and their relationship to disqualification   Speaker: Thomas E. Spahn is of counsel in the Tysons Corners, Virginia office of McGuireWoods, where he advises firm clients on professional responsibility issues and properly creating and preserving the attorney-client privilege and work product protections.  He has served on the ABA Standing Committee on Ethics and Professional Responsibility and is a Member of the American Law Institute and a Fellow of the American Bar Foundation.  He has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 2200 CLE programs throughout the U.S. and in several foreign countries.  Through links on his website biography, he has made available to the public his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 1100 weekly email alerts about privilege and work product cases; and materials for 40 ethics programs on numerous topics, totaling over 9,000 pages of analysis. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/7/2025
    Presented
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Course1

LIVE REPLAY: Litigation Ethics: Disqualification and Sanctions

$65.00

Disqualification standards have their roots in conflicts of interests. When an attorney has a conflict that rises to a certain level, he or she is disqualified from representing a certain party in litigation. Though ethics rules substantially overlap with disqualification standards, those standards do not follow traditional conflicts analysis in every detail.  Indeed, the relationship between conflicts of interest (and related confidentiality concerns) and disqualification is highly nuanced, varying depending on facts of each case.  There are also substantial issues in the context of joint representations, including whether the disqualification of one attorney necessarily disqualifies co-counsel.  This program will provide you with a practical guide to attorney ethics rules and their relationship to disqualification in litigation.   Attorney ethics, conflicts of interest, and disqualification standards How ethics rules and disqualification standards overlap and vary from each other Ethics standards and tests for obtaining – or defending against disqualification Joint representations and disqualification – if co-counsel is disqualified, are you? Screening for conflicts of interest and the risk of imputation of conflicts/disqualification to other attorneys Ethical sanctions and their relationship to disqualification   Speaker: Thomas E. Spahn is of counsel in the Tysons Corners, Virginia office of McGuireWoods, where he advises firm clients on professional responsibility issues and properly creating and preserving the attorney-client privilege and work product protections.  He has served on the ABA Standing Committee on Ethics and Professional Responsibility and is a Member of the American Law Institute and a Fellow of the American Bar Foundation.  He has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 2200 CLE programs throughout the U.S. and in several foreign countries.  Through links on his website biography, he has made available to the public his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 1100 weekly email alerts about privilege and work product cases; and materials for 40 ethics programs on numerous topics, totaling over 9,000 pages of analysis. 

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/7/2025
    Presented
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Course1

The Ethics of Representing Two Parties in a Transaction

$65.00

Representing two or more clients in a business or commercial transaction is full of potential ethical traps.  It’s essential that clients understand the potential for conflicts of interest, how confidential information is shared among the joint clients, how negotiating strategies may need to be altered because of the joint representation, and the real risk to the transaction itself if the clients eventually develop unresolvable disputes among themselves. Counseling clients about information flows and obtaining a written waiver of conflicts from all clients are essential first steps but not the end of the process. This program will provide you with a real world guide to representing two or more clients in a business or commercial transaction.   Information flows and potential conflicts of interest Counseling clients about sharing of confidential information – and its implications Drafting conflict of interest waivers Attorney-client privilege issues involved in joint representations Negotiation ethics when representing multiple clients What to do when jointly represented clients disagree   Speaker: 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 Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.

  • MP3 Download
    Format
  • 60
    Minutes
  • 7/7/2025
    Avail. Until
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Course1

Employee Leave Law

$65.00

Employers are required to provide leave to employees and often reinstate them to the same job category when they return.  The FMLA, ADA and other federal statues establish a variety of eligibility standards and circumstances in which employers must offer leave or incur liability for failure to do so. The complexity of these statutes exposes clients to substantial risk and liability if leave policy is not properly drafted and administered. This program will provide you with a practical guide to the sources of federal employee leave law, covered employees and qualifying circumstances, how leave can and should be incorporated into employer policies and handbooks to avoid liability.   Recent developments impacting employee leave Who is covered by leave law and what circumstances are entitled to leave? Duration of leave and what compensation/benefits must employers provide Job category reinstatement after leave Incorporating leave into employer policies and employee handbooks Medical certificate, proof of eligibility, administration of leave policy   Speaker: Kenneth M. Willner is a partner in the Washington, D.C. office of Paul Hastings, LLP, and chair of the office's employment law practice.  He represents employers in all aspects of employment law and litigation including wrongful discharge, discrimination, sexual harassment, disability discrimination, class actions, and individual cases in federal and state courts and before the Equal Employment Opportunity Commission and Office of Federal Contract Compliance Programs.  Mr. Willner received his B.A., with distinction, from the University of Virginia, and his J.D. from the University of Virginia Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 7/8/2025
    Avail. Until
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Course1

Lawyers and Paralegals: Understanding Ethical Responsibilities

$65.00

Paralegals are often essential for lawyers to successfully practice law.  Paralegals conduct basic legal research, help review and prepare documents, and sometimes screen clients.  Still, they are not lawyers and not directly subject to the ethics rules applicable to lawyers. But the lawyers who supervise their work are responsible for their actions and liable for any improper conduct.  Lawyers are responsible for ensuring that their paralegals’ work conforms to ethics rules. If a paralegal’s actions breach client confidentiality, compromise the attorney-client privilege, or are otherwise improper, the supervising lawyer is ethically responsible for that misconduct.  This program will provide you with a practical guide to how ethics rules make supervising lawyers responsible for the actions of their paralegals.    Conflicts of interest and the attribution of paralegal knowledge about client matters Determining when paralegal research and document preparation becomes the unauthorized practice of law How paralegals must be instructed about client confidentiality – and lawyer consequences on breach Attorney-client privilege implications when clients communicate with paralegals – and risk of inadvertent disclosure Issues when paralegals participate in discovery Fee sharing with paralegals   Speaker: Thomas E. Spahn is of counsel in the Tysons Corners, Virginia office of McGuireWoods, where he advises firm clients on professional responsibility issues and properly creating and preserving the attorney-client privilege and work product protections.  He has served on the ABA Standing Committee on Ethics and Professional Responsibility and is a Member of the American Law Institute and a Fellow of the American Bar Foundation.  He has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 2000 CLE programs throughout the U.S. and in several foreign countries.  Through links on his website biography, he has made available to the public his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 900 weekly email alerts about privilege and work product cases; and materials for 40 ethics programs on numerous topics, totaling over 9,000 pages of analysis.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/8/2025
    Presented
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Course1

Lawyers and Paralegals: Understanding Ethical Responsibilities

$65.00

Paralegals are often essential for lawyers to successfully practice law.  Paralegals conduct basic legal research, help review and prepare documents, and sometimes screen clients.  Still, they are not lawyers and not directly subject to the ethics rules applicable to lawyers. But the lawyers who supervise their work are responsible for their actions and liable for any improper conduct.  Lawyers are responsible for ensuring that their paralegals’ work conforms to ethics rules. If a paralegal’s actions breach client confidentiality, compromise the attorney-client privilege, or are otherwise improper, the supervising lawyer is ethically responsible for that misconduct.  This program will provide you with a practical guide to how ethics rules make supervising lawyers responsible for the actions of their paralegals.    Conflicts of interest and the attribution of paralegal knowledge about client matters Determining when paralegal research and document preparation becomes the unauthorized practice of law How paralegals must be instructed about client confidentiality – and lawyer consequences on breach Attorney-client privilege implications when clients communicate with paralegals – and risk of inadvertent disclosure Issues when paralegals participate in discovery Fee sharing with paralegals   Speaker: Thomas E. Spahn is of counsel in the Tysons Corners, Virginia office of McGuireWoods, where he advises firm clients on professional responsibility issues and properly creating and preserving the attorney-client privilege and work product protections.  He has served on the ABA Standing Committee on Ethics and Professional Responsibility and is a Member of the American Law Institute and a Fellow of the American Bar Foundation.  He has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 2000 CLE programs throughout the U.S. and in several foreign countries.  Through links on his website biography, he has made available to the public his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 900 weekly email alerts about privilege and work product cases; and materials for 40 ethics programs on numerous topics, totaling over 9,000 pages of analysis.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/8/2025
    Presented
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Course1

Arbitration Agreements: Drafting for Business Success

$65.00

One of the biggest risks in most business, commercial, or real estate agreements is the risk of dispute and costly, protracted litigation. Arbitration agreements are one of the primary methods by which this substantial risk of loss is contained. Rather than the parties resorting to costly litigation, they are required to seek resolution of their dispute before a neutral arbiter, whose decision in the matter is final and cannot be litigated. Though these agreements are effective mechanisms for dispute resolution and cost containment, they are also highly controversial. This program will provide you with a practical guide the law governing arbitration agreements and drafting their major provisions.   Framework of law governing arbitration agreements Practical uses in business, commercial, and real estate transactions Circumstances where arbitration is effective v. ineffective Counseling clients about the benefits, risks, and tradeoffs of arbitration agreements Scope of arbitration, mandatory nature, and rules used Defining applicable law, arbiter selection, and method of arbitration Judgment on award, review by courts (if any), interim relief   Speaker: Shannon M. Bell is a partner with Kelly Law Partners, LLC, where she litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues.  Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen.  She also represents clients in claims of shareholder and officer liability, piercing the corporate veil, and derivative actions.  She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/9/2025
    Presented
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Course1

Arbitration Agreements: Drafting for Business Success

$65.00

One of the biggest risks in most business, commercial, or real estate agreements is the risk of dispute and costly, protracted litigation. Arbitration agreements are one of the primary methods by which this substantial risk of loss is contained. Rather than the parties resorting to costly litigation, they are required to seek resolution of their dispute before a neutral arbiter, whose decision in the matter is final and cannot be litigated. Though these agreements are effective mechanisms for dispute resolution and cost containment, they are also highly controversial. This program will provide you with a practical guide the law governing arbitration agreements and drafting their major provisions.   Framework of law governing arbitration agreements Practical uses in business, commercial, and real estate transactions Circumstances where arbitration is effective v. ineffective Counseling clients about the benefits, risks, and tradeoffs of arbitration agreements Scope of arbitration, mandatory nature, and rules used Defining applicable law, arbiter selection, and method of arbitration Judgment on award, review by courts (if any), interim relief   Speaker: Shannon M. Bell is a partner with Kelly Law Partners, LLC, where she litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues.  Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen.  She also represents clients in claims of shareholder and officer liability, piercing the corporate veil, and derivative actions.  She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/9/2025
    Presented
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Course1

LIVE REPLAY: 2025 Wage & Hour Update: Adapting to New Overtime Rules

$65.00

Wage and hour regulations impact every employer. Whether a worker is classified as an employee or independent contractor and employees as “exempt” or “non-exempt” for purposes of overtime has major implications for employer tax and non-tax compliance.  Failure to properly classify a worker can lead to substantial financial liability for employers and compliance has become more difficult as employers, following commercial trends, employee more “gig” workers or independent contractors.  Enforcement by the US Department of Labor and state equivalents is increasing.  This program will provide you with a practical guide to major developments in overtime rules and regulations and provide guidance on best practices to avoid liability.   Major case law and regulatory developments impacting overtime compliance Continuing classification litigation around “gig” economy workers Anticipated Biden Administration changes to overtime rules Changes to the “PAID” independent audit program Best practices to avoid misclassification liability   Speaker: Chris Jalian is an attorney in the Los Angeles office of Paul Hastings, LLP, where he represents employers in all aspects of labor and employment law, including wage-and-hour matters and discrimination. He has experience with class and representative actions, multi-plaintiff, and single-plaintiff lawsuits defending employers in state and federal courts in cases involving federal and state antidiscrimination, equal pay and whistleblower laws, the Fair Labor Standards Act, and a variety of state wage and hour laws. He also counsels clients to ensure compliance with wage and hour requirements.  Jennifer Milazzo is an attorney in the Los Angeles office of Paul Hastings, LLP, where she represents employers in all aspects of labor and employment law, including harassment, discrimination, retaliation, wrongful termination, and wage and hour issues, in both single-plaintiff and class-action matters. Prior to entering private practice, Ms. Milazzo served as a judicial extern to the Judge Stephen Wilson of the United States District Court for the District of California. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/10/2025
    Presented
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Course1

LIVE REPLAY: 2025 Wage & Hour Update: Adapting to New Overtime Rules

$65.00

Wage and hour regulations impact every employer. Whether a worker is classified as an employee or independent contractor and employees as “exempt” or “non-exempt” for purposes of overtime has major implications for employer tax and non-tax compliance.  Failure to properly classify a worker can lead to substantial financial liability for employers and compliance has become more difficult as employers, following commercial trends, employee more “gig” workers or independent contractors.  Enforcement by the US Department of Labor and state equivalents is increasing.  This program will provide you with a practical guide to major developments in overtime rules and regulations and provide guidance on best practices to avoid liability.   Major case law and regulatory developments impacting overtime compliance Continuing classification litigation around “gig” economy workers Anticipated Biden Administration changes to overtime rules Changes to the “PAID” independent audit program Best practices to avoid misclassification liability   Speaker: Chris Jalian is an attorney in the Los Angeles office of Paul Hastings, LLP, where he represents employers in all aspects of labor and employment law, including wage-and-hour matters and discrimination. He has experience with class and representative actions, multi-plaintiff, and single-plaintiff lawsuits defending employers in state and federal courts in cases involving federal and state antidiscrimination, equal pay and whistleblower laws, the Fair Labor Standards Act, and a variety of state wage and hour laws. He also counsels clients to ensure compliance with wage and hour requirements.  Jennifer Milazzo is an attorney in the Los Angeles office of Paul Hastings, LLP, where she represents employers in all aspects of labor and employment law, including harassment, discrimination, retaliation, wrongful termination, and wage and hour issues, in both single-plaintiff and class-action matters. Prior to entering private practice, Ms. Milazzo served as a judicial extern to the Judge Stephen Wilson of the United States District Court for the District of California. 

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/10/2025
    Presented
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Course1

Law Firm Files in the Cloud: Understanding Ethical Risks

$65.00

Most files are now stored in the “cloud,” a global network of servers that store files for organizations of every size, including law firms.  Many applications, including word processing, email and billing software packages that are used daily by lawyers and law firms, are also stored and used in the cloud.  This dramatic shift in the way files are created, modified, stored, and shared has substantial implications for law firms.   The first is a duty of competence requirement that lawyers understand how the technology they employ works and how it might impact client communications and confidentiality, among many other issues.  This program will provide you with a practical guide to ethical issues when lawyers and law firm store and create files in the cloud.   Technology competence as an ethical duty of competence Ethical benchmarks and diligence for ensuring file and communication confidentiality in the cloud Mobile access – issues when the cloud is used via smartphone or tablet What if your client uses the cloud but you do not? Attorney-client privilege issues when using the cloud to communicate Internal policies – ensuring law firm security supplements cloud security   Speakers: Matthew Corbin is Senior Vice President and Executive Director in the Professional Services Group of AON Risk Services, where he consults with the company’s law firm clients on professional responsibility and liability issues.  Before joining AON, he was a partner with Lathrop & Gage, LLP, where he was a trial and appellate lawyer handling professional liability, commercial, business tort, employment, construction, insurance, and regulatory matters. Before entering private practice, he served as a judicial clerk to Judge Mary Briscoe of the U.S. Court of Appeals for the Tenth Circuit.   Mark A. Webster is Vice President and Director in the Professional Services Group of AON Risk Services.  He consults with the company’s law firm clients on professional responsibility and liability issues.? Before joining AON, he was a partner with Lathrop & Gage, LLP, where he had an extensive real estate transactions practice.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/11/2025
    Presented
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Course1

Law Firm Files in the Cloud: Understanding Ethical Risks

$65.00

Most files are now stored in the “cloud,” a global network of servers that store files for organizations of every size, including law firms.  Many applications, including word processing, email and billing software packages that are used daily by lawyers and law firms, are also stored and used in the cloud.  This dramatic shift in the way files are created, modified, stored, and shared has substantial implications for law firms.   The first is a duty of competence requirement that lawyers understand how the technology they employ works and how it might impact client communications and confidentiality, among many other issues.  This program will provide you with a practical guide to ethical issues when lawyers and law firm store and create files in the cloud.   Technology competence as an ethical duty of competence Ethical benchmarks and diligence for ensuring file and communication confidentiality in the cloud Mobile access – issues when the cloud is used via smartphone or tablet What if your client uses the cloud but you do not? Attorney-client privilege issues when using the cloud to communicate Internal policies – ensuring law firm security supplements cloud security   Speakers: Matthew Corbin is Senior Vice President and Executive Director in the Professional Services Group of AON Risk Services, where he consults with the company’s law firm clients on professional responsibility and liability issues.  Before joining AON, he was a partner with Lathrop & Gage, LLP, where he was a trial and appellate lawyer handling professional liability, commercial, business tort, employment, construction, insurance, and regulatory matters. Before entering private practice, he served as a judicial clerk to Judge Mary Briscoe of the U.S. Court of Appeals for the Tenth Circuit.   Mark A. Webster is Vice President and Director in the Professional Services Group of AON Risk Services.  He consults with the company’s law firm clients on professional responsibility and liability issues.? Before joining AON, he was a partner with Lathrop & Gage, LLP, where he had an extensive real estate transactions practice.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/11/2025
    Presented
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Course1

Domestic Asset Protection Strategies for Trust and Estate Planners

$65.00

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. 

  • MP3 Download
    Format
  • 60
    Minutes
  • 7/12/2025
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Course1

Unwinding a Commercial Real Estate Transaction Gone Bad, Part 1

$65.00

When a real estate project goes bad for whatever reason – sales are slow or at prices below projections, leasing is slow, or there are extensive cost-overruns or regulatory delays – developers, investors, lenders, and others are left scrambling to restructure the project and salvage any value or at least limit losses. This often involves restructuring or possibly refinancing a loan.  It may also involve additional equity.  Another option is selling the project, if possible.  These processes can be complicated by the nature of the investors and lenders involved.  This program will provide you with a practical guide to restructuring troubled real estate projects.  Day 1 Practical strategies for unwinding real estate deals outside of bankruptcy or litigation Negotiating, structuring and drafting the restructuring of failed real estate projects Underlying economics and tradeoffs of real estate restructuring Types of sellers and their impact on restructuring – individual owner, institutional, joint venture, private equity Complications and limitations involving syndicated loans, CMBS loans, and REMICs Navigating seller issues – personal guaranties, ongoing management fees, upside participation, reputation   Day 2  Restructuring alternatives, including straight purchases, “Loan to Own,” rescue capital/preferred stock/securities Drafting forbearance and loan modification agreements  Receivership of distressed properties and planning to emerge from receivership “Loan to own” strategies and limitations Tax issues, including cancellation of indebtedness and restructuring recourse indebtedness Potential loss of valuable tax attributes and tax planning opportunities   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. He speaks extensively on real estate topics nationally. Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 7/14/2025
    Avail. Until
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Course1

LIVE REPLAY: Trust and Estate Planning in 2025: Embracing Change and Overcoming Challenges

$65.00

Trust and estate planning in 2025 will require navigating many rocky patches. There are new assets classes. Inflation is rising. We are still dealing with the ongoing effects of the pandemic. There is legislation pending to substantially alter the taxability of estates. Familiar planning platforms and techniques may no longer be efficacious as change unfolds.  Planning requires not only looking at the law as it is today but as it may change – perhaps dramatically – during the year. This program will provide you with a practical guide to planning in the uncertainty.   Tax legislation that will or has changed the taxability of estates Planning with rising inflation – and higher interest rates? Trends in valuation of estates with higher rates Considering how to handle new asset classes Planning for the ongoing effects of the pandemic   Speakers: Michael Sneeringer a partner in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/14/2025
    Presented
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Course1

LIVE REPLAY: Trust and Estate Planning in 2025: Embracing Change and Overcoming Challenges

$65.00

Trust and estate planning in 2025 will require navigating many rocky patches. There are new assets classes. Inflation is rising. We are still dealing with the ongoing effects of the pandemic. There is legislation pending to substantially alter the taxability of estates. Familiar planning platforms and techniques may no longer be efficacious as change unfolds.  Planning requires not only looking at the law as it is today but as it may change – perhaps dramatically – during the year. This program will provide you with a practical guide to planning in the uncertainty.   Tax legislation that will or has changed the taxability of estates Planning with rising inflation – and higher interest rates? Trends in valuation of estates with higher rates Considering how to handle new asset classes Planning for the ongoing effects of the pandemic   Speakers: Michael Sneeringer a partner in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/14/2025
    Presented
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Course1

Unwinding a Commercial Real Estate Transaction Gone Bad, Part 2

$65.00

When a real estate project goes bad for whatever reason – sales are slow or at prices below projections, leasing is slow, or there are extensive cost-overruns or regulatory delays – developers, investors, lenders, and others are left scrambling to restructure the project and salvage any value or at least limit losses. This often involves restructuring or possibly refinancing a loan.  It may also involve additional equity.  Another option is selling the project, if possible.  These processes can be complicated by the nature of the investors and lenders involved.  This program will provide you with a practical guide to restructuring troubled real estate projects.  Day 1 Practical strategies for unwinding real estate deals outside of bankruptcy or litigation Negotiating, structuring and drafting the restructuring of failed real estate projects Underlying economics and tradeoffs of real estate restructuring Types of sellers and their impact on restructuring – individual owner, institutional, joint venture, private equity Complications and limitations involving syndicated loans, CMBS loans, and REMICs Navigating seller issues – personal guaranties, ongoing management fees, upside participation, reputation   Day 2  Restructuring alternatives, including straight purchases, “Loan to Own,” rescue capital/preferred stock/securities Drafting forbearance and loan modification agreements  Receivership of distressed properties and planning to emerge from receivership “Loan to own” strategies and limitations Tax issues, including cancellation of indebtedness and restructuring recourse indebtedness Potential loss of valuable tax attributes and tax planning opportunities   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. He speaks extensively on real estate topics nationally. Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 7/15/2025
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2025 Fiduciary Litigation Update

$65.00

This program will provide you with a wide-ranging discussion of developments in fiduciary litigation. Challenges to the validity of an estate, claims involving non-probate transfers, and trustee liability cases litigation will be covered. The program will also cover claims based on a fiduciary’s management of assets in a time of extreme volatility and crisis. This program will provide you with a practical guide to recent developments in fiduciary litigation.    Review of significant case law developments and trends in fiduciary litigation Challenges to validity of an estate Claims involving non-probate transfers Trustee liability cases Failure to diversify trust assets in a time of volatility and crisis Claims based on distribution polices or abuse of discretionary distributions   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.  Michael Kenny is counsel in the New York City office of Wiggin and Dana, LLP, where his practice focuses on commercial, probate, construction, and maritime litigation.  He has represented clients in domestic and international arbitrations, including proceedings before the American Arbitration Association and the International Centre for Dispute Resolution. His litigation and arbitration experience includes the preparation and trial of warranty claims and ship repair disputes.  Matthew Smith is a partner in the Westport, Connecticut office of Wiggin and Dana, where he advises clients on estate planning, estate and trust administration, and probate litigation. His estate planning practice focuses on assisting individuals and families with practical estate, gift, and tax planning, including the preparation of wills and trusts. Before joining the firm, Matt was a litigation associate for Cravath, Swaine & Moore LLP.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/15/2025
    Presented
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2025 Fiduciary Litigation Update

$65.00

This program will provide you with a wide-ranging discussion of developments in fiduciary litigation. Challenges to the validity of an estate, claims involving non-probate transfers, and trustee liability cases litigation will be covered. The program will also cover claims based on a fiduciary’s management of assets in a time of extreme volatility and crisis. This program will provide you with a practical guide to recent developments in fiduciary litigation.    Review of significant case law developments and trends in fiduciary litigation Challenges to validity of an estate Claims involving non-probate transfers Trustee liability cases Failure to diversify trust assets in a time of volatility and crisis Claims based on distribution polices or abuse of discretionary distributions   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.  Michael Kenny is counsel in the New York City office of Wiggin and Dana, LLP, where his practice focuses on commercial, probate, construction, and maritime litigation.  He has represented clients in domestic and international arbitrations, including proceedings before the American Arbitration Association and the International Centre for Dispute Resolution. His litigation and arbitration experience includes the preparation and trial of warranty claims and ship repair disputes.  Matthew Smith is a partner in the Westport, Connecticut office of Wiggin and Dana, where he advises clients on estate planning, estate and trust administration, and probate litigation. His estate planning practice focuses on assisting individuals and families with practical estate, gift, and tax planning, including the preparation of wills and trusts. Before joining the firm, Matt was a litigation associate for Cravath, Swaine & Moore LLP.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/15/2025
    Presented
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LIVE REPLAY: Client Funds: Common Pitfalls and How to Avoid

$65.00

This program provides attorneys with essential guidance on managing client funds to ensure compliance with ethical and legal obligations. Participants will learn about common mistakes, such as commingling funds, improper disbursements, and inadequate recordkeeping, that can lead to disciplinary actions. The program will also offer practical strategies and best practices for safeguarding client funds and maintaining accurate financial records. By the end of the session, attorneys will be better equipped to avoid pitfalls and uphold their fiduciary duties with confidence.   Understanding ethical rules and fiduciary duties related to managing client funds. Identifying common mistakes, such as commingling, misappropriation, and improper disbursements. Best practices for maintaining accurate trust account records and complying with financial reporting requirements. Practical strategies to safeguard client funds and avoid disciplinary actions or malpractice claims.   Speaker: Thomas E. Spahn is of counsel in the Tysons Corners, Virginia office of McGuireWoods, where he advises firm clients on professional responsibility issues and properly creating and preserving the attorney-client privilege and work product protections.  He has served on the ABA Standing Committee on Ethics and Professional Responsibility and is a Member of the American Law Institute and a Fellow of the American Bar Foundation.  He has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 2200 CLE programs throughout the U.S. and in several foreign countries.  Through links on his website biography, he has made available to the public his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 1100 weekly email alerts about privilege and work product cases; and materials for 40 ethics programs on numerous topics, totaling over 9,000 pages of analysis. 

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/16/2025
    Presented
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LIVE REPLAY: Client Funds: Common Pitfalls and How to Avoid

$65.00

This program provides attorneys with essential guidance on managing client funds to ensure compliance with ethical and legal obligations. Participants will learn about common mistakes, such as commingling funds, improper disbursements, and inadequate recordkeeping, that can lead to disciplinary actions. The program will also offer practical strategies and best practices for safeguarding client funds and maintaining accurate financial records. By the end of the session, attorneys will be better equipped to avoid pitfalls and uphold their fiduciary duties with confidence.   Understanding ethical rules and fiduciary duties related to managing client funds. Identifying common mistakes, such as commingling, misappropriation, and improper disbursements. Best practices for maintaining accurate trust account records and complying with financial reporting requirements. Practical strategies to safeguard client funds and avoid disciplinary actions or malpractice claims.   Speaker: Thomas E. Spahn is of counsel in the Tysons Corners, Virginia office of McGuireWoods, where he advises firm clients on professional responsibility issues and properly creating and preserving the attorney-client privilege and work product protections.  He has served on the ABA Standing Committee on Ethics and Professional Responsibility and is a Member of the American Law Institute and a Fellow of the American Bar Foundation.  He has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 2200 CLE programs throughout the U.S. and in several foreign countries.  Through links on his website biography, he has made available to the public his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 1100 weekly email alerts about privilege and work product cases; and materials for 40 ethics programs on numerous topics, totaling over 9,000 pages of analysis. 

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/16/2025
    Presented
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Course1

LIVE REPLAY: Trust and Estate Planning in 2025: Embracing Change and Overcoming Challenges

$65.00

Trust and estate planning in 2025 will require navigating many rocky patches. There are new assets classes. Inflation is rising. We are still dealing with the ongoing effects of the pandemic. There is legislation pending to substantially alter the taxability of estates. Familiar planning platforms and techniques may no longer be efficacious as change unfolds.  Planning requires not only looking at the law as it is today but as it may change – perhaps dramatically – during the year. This program will provide you with a practical guide to planning in the uncertainty.   Tax legislation that will or has changed the taxability of estates Planning with rising inflation – and higher interest rates? Trends in valuation of estates with higher rates Considering how to handle new asset classes Planning for the ongoing effects of the pandemic   Speakers: Michael Sneeringer a partner in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/17/2025
    Presented
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Course1

LIVE REPLAY: Trust and Estate Planning in 2025: Embracing Change and Overcoming Challenges

$65.00

Trust and estate planning in 2025 will require navigating many rocky patches. There are new assets classes. Inflation is rising. We are still dealing with the ongoing effects of the pandemic. There is legislation pending to substantially alter the taxability of estates. Familiar planning platforms and techniques may no longer be efficacious as change unfolds.  Planning requires not only looking at the law as it is today but as it may change – perhaps dramatically – during the year. This program will provide you with a practical guide to planning in the uncertainty.   Tax legislation that will or has changed the taxability of estates Planning with rising inflation – and higher interest rates? Trends in valuation of estates with higher rates Considering how to handle new asset classes Planning for the ongoing effects of the pandemic   Speakers: Michael Sneeringer a partner in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.    

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/17/2025
    Presented
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Special Needs Trusts: Drafting for Vulnerable Clients

$65.00

Special Needs Trusts are designed to provide for the long-care of individuals who have physical or intellectual impairments and are unable to provide for themselves, whatever their age.  SNTs are intended to preserve the beneficiary’s eligibility for public benefits – Social Security, Medicare, and Medicaid – while maximizing the private resources of the beneficiary’s family.  Drafting distribution clauses and selecting the right trustee to make financial and health-care related decisions for the beneficiary are the essential steps in the planning process. This program will provide you with a practical guide to the types of SNTs, the situations in which each is most appropriate, preserving public benefit eligibility, distribution provisions, and trustee selection.   Planning and drafting issues with Special Needs Trusts Types of SNTs and eligibility standards Relationship of SNTs to public benefits – Social Security, Medicare, Medicaid, SSI Key considerations in drafting distribution clauses Choosing individual and institutional trustees, and the use of “pooled trusts” Administrative issues in SNTs   Speaker:  Martha C. Brown is an attorney at the law firm of Martha C. Brown & Associates, LLC in St. Louis, Missouri, where she has more than 25 years’ experience in the fields of elder law and estate planning.  She has an extensive practice advising the elderly and their families on their trust and estate planning matters with an emphasis on Special Needs Trusts.  She is a Fellow of the American College of Trust and Estate Counsel, a former board member and Fellow of the National Academy of Elder Law Attorneys, and a board member of the Special Needs Alliance.  

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/18/2025
    Presented
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Special Needs Trusts: Drafting for Vulnerable Clients

$65.00

Special Needs Trusts are designed to provide for the long-care of individuals who have physical or intellectual impairments and are unable to provide for themselves, whatever their age.  SNTs are intended to preserve the beneficiary’s eligibility for public benefits – Social Security, Medicare, and Medicaid – while maximizing the private resources of the beneficiary’s family.  Drafting distribution clauses and selecting the right trustee to make financial and health-care related decisions for the beneficiary are the essential steps in the planning process. This program will provide you with a practical guide to the types of SNTs, the situations in which each is most appropriate, preserving public benefit eligibility, distribution provisions, and trustee selection.   Planning and drafting issues with Special Needs Trusts Types of SNTs and eligibility standards Relationship of SNTs to public benefits – Social Security, Medicare, Medicaid, SSI Key considerations in drafting distribution clauses Choosing individual and institutional trustees, and the use of “pooled trusts” Administrative issues in SNTs   Speaker:  Martha C. Brown is an attorney at the law firm of Martha C. Brown & Associates, LLC in St. Louis, Missouri, where she has more than 25 years’ experience in the fields of elder law and estate planning.  She has an extensive practice advising the elderly and their families on their trust and estate planning matters with an emphasis on Special Needs Trusts.  She is a Fellow of the American College of Trust and Estate Counsel, a former board member and Fellow of the National Academy of Elder Law Attorneys, and a board member of the Special Needs Alliance.  

  • Teleseminar
    Format
  • 60
    Minutes
  • 7/18/2025
    Presented
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Course1

Lawyer Ethics & Credit Cards

$65.00

Use of credit cards by law firms and lawyers is commonplace. Law firms may accept credit cards as means of payment for fees and expenses. This concession to the larger reality of the economy, however, raises many ethical issues. Can lawyers pass on credit card processing fees (which can be substantial) to clients?  What happens if a client’s credit card company does a chargeback of fees?  How does a lawyer maintain confidentiality when he or she has a dispute with a credit card company, or the client has a dispute with the credit card company?  These and many issues arise when lawyers accept credit cards from clients. This program will provide you with a guide to ethical issues when credit cards are accepted and used in law practice.    Passing on credit card processing fees to clients Truth-in-Lending issues and tax penalties Ethical issues when credit card companies chargeback funds paid to a lawyer or from a trust account Confidentiality when a client has a dispute with his or her credit card company Use of credit cards to fund a retainer and related trust fund accounting issues Creditor claims against trust fund accounts Leftover client funds and proper trust fund accounting   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.

  • MP3 Download
    Format
  • 60
    Minutes
  • 7/19/2025
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Ethics and New Clients: Inadvertent Clients, Intake, and more

$65.00

Getting a client relationship right from the outset – defining scope, setting reasonable expectations – greatly helps set up the relationship for success and helps avoid disputes with clients.  There are issues of identifying and clearing conflicts of interest, or getting them waived in writing.  There are issues of explaining billing policies to clients, ensuring they understand, and putting it in writing. There are issues of communication – explaining how and when you will communicate with clients about their case, and about decision-making.This program will provide you a practical guide to drafting engagement letters and best practices in new client intake.    Engagement letters – best practices in setting scope and expectations Explaining bill rates and practices – tips on avoiding disputes Conflict of interest clearance – current clients, past clients Drafting and obtaining conflict of interest waivers Attorney-client privilege considerations   Speakers: Matthew Corbin is Senior Vice President and Executive Director in the Professional Services Group of AON Risk Services, where he consults with the company’s law firm clients on professional responsibility and liability issues.  Before joining AON, he was a partner with Lathrop & Gage, LLP, where he was a trial and appellate lawyer handling professional liability, commercial, business tort, employment, construction, insurance, and regulatory matters. Before entering private practice, he served as a judicial clerk to Judge Mary Briscoe of the U.S. Court of Appeals for the Tenth Circuit.  Mr. Corbin earned his B.A. from the University of Kansas and his J.D. from the University of Kansas School of Law. Mark A. Webster is Vice President and Director in the Professional Services Group of AON Risk Services.  He consults with the company’s law firm clients on professional responsibility and liability issues.  Before joining AON, he was a partner with Lathrop & Gage, LLP, where he had an extensive real estate transactions practice.  Mr. Webster received his B.A. from the University of Kansas and his J.D. from Vanderbilt University Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 7/21/2025
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LIVE REPLAY: Due Diligence in Commercial Real Estate Transactions

$65.00

This program will provide you with a practical guide to due diligence in real estate transactions – what information you need, where to get it, and the timeframes involved.  The program will also cover the relationship between the duration and depth of due diligence depending on the state of the market – i.e., how “hot” markets involve more risk because sellers or othersare reluctant to give lengthy diligence periods. The program will also discuss using information obtained in diligence to draft specific reps and warranties. This program will provide you with a practical guide to planning due diligence in real estate transaction and how that information is used.   Planning diligence – what information you need, where to get it, and timeframes Relationship between diligence and market conditions – willingness of sellers to cooperate or not Using diligence – tying information obtained to specific reps and warranties Review of leases, rent rolls, and financial statements Service contracts, condominium HOAs, and other contracts Title work – liens and other encumbrances   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.He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 7/21/2025
    Presented
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