Course1

Health Care Issues in Estate Planning

$79.00

Trust and estate planning for health care involves counseling clients about what are often the most difficult decisions in their life or lives of loved ones. There are issues of making life-and-death health care decisions many years in advance of when those decisions will be needed. There are equally delicate decisions about the appointment of trustees or conservators.  Planning for long-term care – and how to fund that care – is often the biggest challenge for most clients.  If clients are not carefully counseled about their choices and their decisions not carefully reflected in trust and estate documents, their most important goals will be unfulfilled.  This program will provide you with a practical guide to the most important health care issues in trust and estate planning.   Counseling clients about planning for health care decision-making Tension between health care providers & trustees: Areas of competence, conflict, and cooperation Drafting advance health care directives & revocable trusts Defining objective health care “triggers” in documentation Key issues in appointing trustees, guardians & conservators Availability & financing of home health care & institutional care   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.  Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law. 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
  • 1/18/2022
    Presented
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Course1

Arbitration Clauses in Business Agreements

$79.00

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 member with Kelly & Walker, 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.  Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 1/19/2022
    Presented
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Course1

Ethics of Working with Witnesses

$79.00

Preparing witnesses – whether fact witnesses or experts – for deposition or trial or conferring with them during breaks in testimony fraught with ethical issues. Expert witnesses are paid for their time, not their testimony. Though they may be hired to support a client’s view of the facts, there are limits to how experts can be coached. There are also real limits to how attorneys can prompt fact witnesses, for instance to “not remember” unfavorable facts. There are also significant ethical issues involving how to handle inadvertently produced privileged documents and when testimony goes in an unexpected adverse direction. This program will provide you with a practical guide to the ethical issues and traps of working with witnesses.   Paying witnesses for their time versus their testimony Prompting a witness to “not remember” unfavorable testimony Conferring with witnesses during deposition breaks and the limits of what you advise Dishonest witnesses – what are your obligations to the court and your client? How to handle the inadvertent production of privileged documents Drafting witness affidavits without interviewing the witness   Speakers: Thomas E. Spahn is a partner 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 1,800 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.  Mr. Spahn graduated magna cum laude from Yale University and received his J.D. from Yale Law School. Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, her practice focused on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Rules of Professional Conduct Rules Review Committee.  She is the immediate past chair of the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 1/20/2022
    Presented
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Diversity, Equity & Inclusion in Law Practice

$79.00

This program will provide you with a practical guide to diversity, inclusion, and equity in law firms and in clients. The program will discuss the value of diversity and inclusion, including how it fosters collegiality, greater client value, and organizational and personal growth.  The panel will look at real world case studies of what types of diversity training work and help law firms – and also review those types of training that do not work. The program cover best practices not only for law firms but also for advising clients on developing diversity, inclusion, and equity training and practices.   Types of diversity – internal, external, organizational, and worldview Racial and ethnic, generational and age, gender, socio-economic diversity Training to raise awareness of unconscious bias v. promoting allyship and inclusivity What types of diversity training work – and what types do not work? Best practices in helping law firms and their clients grow in diversity, inclusion and equity   Speaker: 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
  • 1/21/2022
    Presented
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Course1

LIVE REPLAY: Drafting Employee Handbooks

$79.00

This annual ethics update will cover a wide range of ethical developments important to your civil litigation practice.  The program will provide detailed coverage of developments in conflicts of interest in litigation, confidentiality and the attorney-client privilege, and drafting and negotiating settlement agreements.  The program will feature its annual tour of the waterfront of technology issues in litigation practice.  Please join for this annual program which will provide you with a lively discussion of ethical developments important to civil litigation practice.    Day 1: Ethics and technology in law practice review Ethics and settlement agreements Recent developments in conflicts of interest, part 1   Day 2: Ethics, evidence and witnesses Developments in confidentiality and preserving the attorney-client privilege Recent developments in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  He is the immediate past Treasurer of the ABA and currently serves as Vice President of the Tennessee Bar Association.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. 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. 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
  • 1/24/2022
    Presented
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Course1

Drafting Wills & Trust Documents to Reduce Risks of Challenge

$79.00

A last will and testament is not always the final word of a testator. Wills frequently trigger long-suppressed family rivalries and resentments. With the testator no longer on the scene, children or other heirs are freed to express their resentments. These resentments often worsen when the will’s plan for allocating of money, valuable property or sentimental items is made known, leading to dispute and litigation. These disputes can be very time-consuming and costly resolve, sharply diminishing the value of an estate. This program will discuss grounds for will contests and practical steps lawyers and their clients can take to avoid challenge.   Spotting red flags in will contests – disinheriting close family members, unequal treatment of children, unusual behavior of testator & more Sources of law in will contests – grounds for challenging wills Practical steps to avoid will contests – will ceremonies, videotaped testaments, witness selection, affidavits Use of In Terrorem provisions to prevent will contests Issues surrounding holographic wills and other informal wills   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.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 1/25/2022
    Presented
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Course1

Lawyer Ethics When Working with Paralegals

$79.00

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 a partner 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 1,800 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.  Mr. Spahn graduated magna cum laude from Yale University and received his J.D. from Yale Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 1/26/2022
    Presented
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Course1

Drafting Employment Agreements, Part 1

$79.00

This program will provide you a practical guide to the most important provisions of employment agreements, common sources of dispute and litigation, and traps. The program will cover scope of duties (and how they may change over time), forms of compensation and benefits (including deferred compensation), and objective/measurable performance standards.  The program will also discuss planning for the possible release of the employee, limiting liability, and protecting confidential information and trade secrets to which the employee may have had access. This program will provide you with a practical guide to drafting successful employment agreements.   Day 1: Scope of an employee’s duties and modification as facts and circumstances change Objective and measurable performance benchmarks tied to incentive compensation Forms of compensation, deferred compensation, and fringe benefits Protecting trade secrets – non-competition and non-disclosure mechanisms   Day 2: Term of employment – fixed or variable terms, extensions, and discharge Anticipating severance and building in dispute mitigation and resolution provisions Severance benefits on voluntary and involuntary separation – and tying them to confidentiality and non-competition Non-disparagement of employer on discharge or voluntary departure Essential mediation and choice of law considerations   Speaker:  Jerrold F. Goldberg is a partner in the New York City office of Greenburg Traurig, LLP, where co-chairs the firm’s labor and employment practice group and he has more than 35 years’ experience practicing in virtually all aspects of labor and employment.  His expertise includes employee leave under federal and state law, traditional labor/union-management issues, employment discrimination, executive employment, severance agreements and wage and hour laws.  He represents clients before the EEOC, the FRLB, and federal and state courts.  Mr. Goldberg received his B.S. from Cornell University and his J.D. from New York University School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 1/27/2022
    Presented
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Course1

Drafting Employment Agreements, Part 2

$79.00

This program will provide you a practical guide to the most important provisions of employment agreements, common sources of dispute and litigation, and traps. The program will cover scope of duties (and how they may change over time), forms of compensation and benefits (including deferred compensation), and objective/measurable performance standards.  The program will also discuss planning for the possible release of the employee, limiting liability, and protecting confidential information and trade secrets to which the employee may have had access. This program will provide you with a practical guide to drafting successful employment agreements.   Day 1: Scope of an employee’s duties and modification as facts and circumstances change Objective and measurable performance benchmarks tied to incentive compensation Forms of compensation, deferred compensation, and fringe benefits Protecting trade secrets – non-competition and non-disclosure mechanisms   Day 2: Term of employment – fixed or variable terms, extensions, and discharge Anticipating severance and building in dispute mitigation and resolution provisions Severance benefits on voluntary and involuntary separation – and tying them to confidentiality and non-competition Non-disparagement of employer on discharge or voluntary departure Essential mediation and choice of law considerations   Speaker: Jerrold F. Goldberg is a partner in the New York City office of Greenburg Traurig, LLP, where co-chairs the firm’s labor and employment practice group and he has more than 35 years’ experience practicing in virtually all aspects of labor and employment.  His expertise includes employee leave under federal and state law, traditional labor/union-management issues, employment discrimination, executive employment, severance agreements and wage and hour laws.  He represents clients before the EEOC, the FRLB, and federal and state courts.  Mr. Goldberg received his B.S. from Cornell University and his J.D. from New York University School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 1/28/2022
    Presented
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Course1

LIVE REPLAY: The Ethics of Representing Two Parties in a Transaction

$79.00

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.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 1/31/2022
    Presented
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Sophisticated Choice of Entity, Part 1

$79.00

Choosing the right entity for a closely held business is not only a choice in time but planning for long stretches of time and the likelihood of substantial change. Among those changes are changes in tax law, changes in the capital structure and ownership ranks of the company, and changes in business strategy. These and a multitude of other considerations often involve a sophisticated tradeoff of benefits and costs, balancing certainty with flexibility, in full knowledge that change is certain.  This program will provide you with a practical guide to sophisticated choice of entity considerations for closely held businesses.    Day 1: Impact of industry norms, investor expectations, and regulatory requirements Management and information rights, and the ability to restrict Fiduciary duties/liability of owners and managers, and the ability to modify these duties Economic rights – choosing among capital rights, income rights, tracking rights   Day 2: Anticipating liquidity events – sale of the company, liquidation of the company, new investors/members Planning for distributions of property Owner and employee fringe benefit considerations Impact of recent tax law changes, employment taxes, and SALT considerations   Speakers: Paul Kaplun is a partner in the Washington, D.C. office of Venable, LLP where he has an extensive corporate and business planning practice, and provides advisory services to emerging growth companies and entrepreneurs in a variety of industries. He formerly served as an Adjunct Professor of Law at Georgetown University Law Center, where he taught business planning.  Before entering private practice, he was a Certified Public Accountant with a national accounting firm, specializing in corporate and individual income tax planning and compliance.  Mr. Kaplun received his B.S.B.A., magna cum laude, from Georgetown University and J.D. from Georgetown University Law Center. Christopher Davidson is a partner in the Baltimore, Maryland office of Venable, LLP, where he advises clients on a wide variety of federal and tax matters, including in the areas of corporate formations, financings, and transactions.  His focus is on foreign and domestic tax matters for partnerships, LLCs, and corporations. He is a frequent contributor to professional tax journals. Mr. Davidson received his B.A., summa cum laude, from the University of Maryland, his J.D. from the University of Maryland School of Law, and his LL.M. from New York University.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 2/1/2022
    Presented
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Course1

Sophisticated Choice of Entity, Part 2

$79.00

Choosing the right entity for a closely held business is not only a choice in time but planning for long stretches of time and the likelihood of substantial change. Among those changes are changes in tax law, changes in the capital structure and ownership ranks of the company, and changes in business strategy. These and a multitude of other considerations often involve a sophisticated tradeoff of benefits and costs, balancing certainty with flexibility, in full knowledge that change is certain.  This program will provide you with a practical guide to sophisticated choice of entity considerations for closely held businesses.    Day 1: Impact of industry norms, investor expectations, and regulatory requirements Management and information rights, and the ability to restrict Fiduciary duties/liability of owners and managers, and the ability to modify these duties Economic rights – choosing among capital rights, income rights, tracking rights   Day 2: Anticipating liquidity events – sale of the company, liquidation of the company, new investors/members Planning for distributions of property Owner and employee fringe benefit considerations Impact of recent tax law changes, employment taxes, and SALT considerations   Speakers: Paul Kaplun is a partner in the Washington, D.C. office of Venable, LLP where he has an extensive corporate and business planning practice, and provides advisory services to emerging growth companies and entrepreneurs in a variety of industries. He formerly served as an Adjunct Professor of Law at Georgetown University Law Center, where he taught business planning.  Before entering private practice, he was a Certified Public Accountant with a national accounting firm, specializing in corporate and individual income tax planning and compliance.  Mr. Kaplun received his B.S.B.A., magna cum laude, from Georgetown University and J.D. from Georgetown University Law Center. Christopher Davidson is a partner in the Baltimore, Maryland office of Venable, LLP, where he advises clients on a wide variety of federal and tax matters, including in the areas of corporate formations, financings, and transactions.  His focus is on foreign and domestic tax matters for partnerships, LLCs, and corporations. He is a frequent contributor to professional tax journals. Mr. Davidson received his B.A., summa cum laude, from the University of Maryland, his J.D. from the University of Maryland School of Law, and his LL.M. from New York University.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 2/2/2022
    Presented
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Course1

Trust in Estate Planning in 2022: A Year of Change & Challenge

$79.00

Trust and estate planning in 2022 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 of 2022.   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.  Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law. 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
  • 2/3/2022
    Presented
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How Ethics Rules Apply to Lawyers Outside of Law Practice

$79.00

Ethics rules are intended primarily to regulate lawyer acts when practicing law. But the rules do not always stop there. Lawyers can be held responsible and disciplined under ethics rules for things they do when acting outside of their practices. Lawyers may be disciplined under ethics rules for criminal conduct, including misdemeanors, entirely unrelated to their lawyerly conduct. They may be also be disciplined for any acts that involve dishonesty, misrepresentation, or any actions prejudicial to the judicial system. This program will provide you with a guide to circumstances in which ethics rules apply to lawyers when they act outside of law practice.   Dishonesty and misrepresentation when a lawyer is acting as a non-lawyer Lawyers as business people – how counter-parties can allege ethical misconduct Self-representation – when lawyers represent themselves in litigation, who can they communicate with? Violations of law, including misdemeanors, as ethics violations Restrictions on lawyers’ ability to market themselves in non-lawyer roles   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 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 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
  • 2/4/2022
    Presented
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LIVE REPLAY: Diversity, Equity & Inclusion in Law Practice

$79.00

This program will provide you with a practical guide to diversity, inclusion, and equity in law firms and in clients. The program will discuss the value of diversity and inclusion, including how it fosters collegiality, greater client value, and organizational and personal growth.  The panel will look at real world case studies of what types of diversity training work and help law firms – and also review those types of training that do not work. The program cover best practices not only for law firms but also for advising clients on developing diversity, inclusion, and equity training and practices.   Types of diversity – internal, external, organizational, and worldview Racial and ethnic, generational and age, gender, socio-economic diversity Training to raise awareness of unconscious bias v. promoting allyship and inclusivity What types of diversity training work – and what types do not work? Best practices in helping law firms and their clients grow in diversity, inclusion and equity   Speaker: 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
  • 2/7/2022
    Presented
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2022 Ethics Update Part 1

$79.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attoarney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.   Day 1: Ethics and technology: A Potpourri Ethics, competence, and AI: What are competence and the unauthorized practice of law in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2: Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. 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 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  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.  Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 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 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
  • 2/8/2022
    Presented
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2022 Ethics Update Part 2

$79.00

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attoarney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.   Day 1: Ethics and technology: A Potpourri Ethics, competence, and AI: What are competence and the unauthorized practice of law in a specialized world? Emerging issues in conflicts of interest, part 1   Day 2: Ethics of firing a client Ethics and client development Emerging issues in conflicts of interest, part 2   Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. 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 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  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. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 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 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
  • 2/9/2022
    Presented
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Responding to Demand Letters: Tone and Substance

$79.00

Responding to a demand letter is as tricky as issuing a demanding letter.  There are issues of getting the substance right and getting the tone right.  How time do you spend researching the law and laying out your case?  How much do you disclose about your favorable facts? Is your goal settlement and, if so, how does that impact the tone of your letter?  Do you know enough about the letter writer and his or her client to gauge their likely reaction to your response?  And when do you respond – right away, by any deadline given, or do you wait?  These and many other questions will be addressed in this practical discussion of the tradeoffs of responding to demand letters.    Goals – do you want settlement or to make it go away – or are you preparing for litigation?  Law – how much do you research and push back? Tone – are you assertive, making counter-demands, or conciliatory? Facts – How much of what you know do you lay out? Timing – responding right away, by a deadline in the demand, or later?   Speaker:  William J. Kelly, III is a founding member of Kelly Law Partners LLC and has nearly 30 years’ experience in the areas of employment and commercial litigation. In the area of employment law, he litigates trade secret, non-compete, infringement and discrimination claims in federal and state courts nationwide and has advised Fortune 50 companies on workplace policies and practices.  In the area of commercial litigation, his experience includes class action litigation, breach of contract and indemnity, mass-claim complex insurance litigation, construction litigation and trade secrets.  Earlier in career, he founded 15 Minutes Music, an independent music production company.  Mr. Kelly earned his B.A. from Tulane University and his J.D. from St. Louis University School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 2/10/2022
    Presented
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LIVE REPLAY: Ethics of Co-Counsel and Referral Relationships

$79.00

Co-counsel and referral relationships are common in law practice.  Lawyers associate with other lawyers on cases to gain specialized knowledge required for competent representation in a case.Litigation counsel may seek local counsel on a case in another jurisdiction.  Lawyers also refer out business for a variety of reasons, including overflow work or the work is outside of a lawyer’s core competencies.  These any many other co-counsel and referral relationships, however, raise substantial ethical and malpractice issues.  This program will provide you with a framework for understanding the ethical issues surrounding co-counsel and referral relationships.   Duty to supervise counsel to whom you have referred work Associating with other lawyers or firms to gain competence in specific areas Fee splitting in co-counsel or referral relationships Liability to co-counsel for breaches of fiduciary duty or malpractice Liability for errors of co-counsel Duty to inform of malpractice by co-counsel   Speakers: Brian S. Faughnan is special counsel in the Memphis office of Thomason Hendrix Harvey Johnson & Mitchell, PLLC, where he represents clients in a wide variety of matters at the trial level and on appeal.  He counsels lawyers and law firms on a wide variety of issues surrounding legal ethics and professional responsibility. He is the chair of the Tennessee Bar Association’s Standing Committee on Ethics and Professional Responsibility, a reporter for the committee’s rules revision project, a member of the Association of Professional Responsibility Lawyers, and a member of the Media Law Resource Center’s Ethics Committee. Mr. Faughnan received his B.A. from Rhodes College and his J.D., magna cum laude, from the University of Memphis School of Law. 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<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
  • 2/11/2022
    Presented
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Professionalism for the Ethical Lawyer

$79.00

Ethics rules, the principles of professionalism, and sanctionable conduct are interrelated.  Lawyers have a duty to zealously represent their clients, but they do not have a duty to engage in offensive conduct that may be desired by clients. Lawyers have duties of confidentiality and honesty, but those duties do not always require pressing every advantage, such as when the lawyer knows that opposing counsel has made a material drafting error in a transactional document. In these and many other scenarios, ethics rules, professionalism, and potentially sanctionable conduct subtly interact.  This program will provide you with a practical guide to professionalism for the ethical lawyer.    Interrelationship of ethics rules, professionalism, and sanctions Zealous representation v. needlessly embarrassing an adversary or third-party Reacting to an adversary’s drafting errors in transactional documents Ethics, professionalism, and inadvertent transmission of communications Duty to supervise and train subordinate lawyers and staff, including to ensure courtesy to clients, opposing counsel, and courts Offering candid advice to clients and withdrawal when they demand offensive conduct Avoiding discrimination and bigotry   Speaker: Thomas E. Spahn is a partner 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 1,800 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.  Mr. Spahn graduated magna cum laude from Yale University and received his J.D. from Yale Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 2/14/2022
    Presented
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Real Estate Finance: Trends and Best Practices, Part 1

$79.00

This program will provide you with a guide to real estate finance. It will cover the practical aspects of structuring debt, equity, and mezzanine finance.  Major issues and traps in negotiating first mortgages, including personal guarantees and carve-outs, will be discussed in detail. The program will also cover credit enhancement, leasehold finance, and how financing alternatives have changed in a stronger market. This program will provide you with a real-world guide to major issues in negotiating and drafting real estate finance agreements.   Day 1: Major issues of negotiating first mortgages Loan application and bank commitments Role of personal guarantees and negotiating non-recourse carve-outs with lenders Defeasance and prepayment premiums   Day 2: Structuring equity in real estate deals Mezzanine financing and drafting issues Leasehold finance Credit enhancement instruments Single purpose entities for finance purposes   Speaker: 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
  • 2/15/2022
    Presented
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Real Estate Finance: Trends and Best Practices, Part 2

$79.00

This program will provide you with a guide to real estate finance. It will cover the practical aspects of structuring debt, equity, and mezzanine finance.  Major issues and traps in negotiating first mortgages, including personal guarantees and carve-outs, will be discussed in detail. The program will also cover credit enhancement, leasehold finance, and how financing alternatives have changed in a stronger market. This program will provide you with a real-world guide to major issues in negotiating and drafting real estate finance agreements.   Day 1: Major issues of negotiating first mortgages Loan application and bank commitments Role of personal guarantees and negotiating non-recourse carve-outs with lenders Defeasance and prepayment premiums   Day 2: Structuring equity in real estate deals Mezzanine financing and drafting issues Leasehold finance Credit enhancement instruments Single purpose entities for finance purposes   Speaker: 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
  • 2/16/2022
    Presented
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Family Feuds in Trusts: How to Anticipate & Avoid

$79.00

Family feuds are the most destructive force in trust and estate planning. When a senior generation of a family dies or decides to pull back from leading a family business, long suppressed inter-personal conflicts rise to the surface and have often a substantially adverse impact on the business’s operations and value. These disputes often place planners in the extremely difficult spot of having gain the trust of warring factions, understand their grievances, and use the tools of planning to help them and the company find a value-preserving resolution of their conflicts. This program will provide you with a guide to identifying and resolving family feuds in trusts.   Sources of family feuds in trusts and techniques to resolve short of litigation Disputes involving distributions, control of family assets, personal rivalries, lack of communication Techniques for resolution – outside consultants, ongoing family meetings, lifetime gifting, distribution standards How choosing trustees can provoke or alleviate family disputes How to work with warring family factions while protecting yourself as lawyer   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 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.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 2/17/2022
    Presented
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Ethics and Digital Communications

$79.00

Lawyer use of technology, in both their professional and personal lives, is inescapable, and frequently those two worlds blend and give rise to substantial ethical issues. It’s difficult to disconnect from constant digital communications. Lawyers talk to, email, text and otherwise communicate with clients on smartphones, tablets, and social media. Frequently these and laptops are connected to public or at best semi-secure networks, despite the fact they are used to carry sensitive and often confidential information.  The ease of technology obscures its complexity – a complexity lawyers are required, as duty of competence, to understand before they use it.  This program will provide you with a roadmap through the maze of ethical issues that occur when lawyers use technology in their lives and practices.   Lawyers and social media – obtaining information on clients, adversaries, jurors and others Ethics when you’re never unplugged from technology Traps for law firms when using the cloud Ethics and working remotely Lawyer ethics when texting clients, witnesses, and others   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
  • 2/18/2022
    Presented
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Trust and Estate Planning for Family Businesses, Part 1

$79.00

Most successful businesses are owned by one or more families.  Because they are family owned, these companies create many special planning challenges.  Ownership and control do not shift among non-owner managers. Rather, succession in ownership and management is a momentous and often highly emotional process for members of the family.  Frequently, these transitions are caused by the retirement or death of members of a family member.  And these transitions, if not carefully planned and delicately handled, can be ruinous, damaging the family and their company.  This program will provide you a practical framework of trust and estate planning and succession planning for family businesses.    Day 1: Succession planning in family businesses Counseling clients on how to avoid family drama on succession Valuation issues for financial and tax purposes Buy-sell planning with family members or key employees Selling to third parties where intra-family succession is not possible Planning for the incapacity of the founding generation   Day 2: Life insurance trust planning – or as a compensating asset to certain heirs Structuring private annuities to transfer a business and provide income to founders Self-cancelling installments notes and intentionally defective irrevocable trusts Use of GRATS and “redemptive freezes”   Speaker: Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine.  Mr. Daniels received his A.B., summa cum laude, from Dartmouth College and received his J.D., with honors, from Harvard Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 2/22/2022
    Presented
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Trust and Estate Planning for Family Businesses, Part 2

$79.00

Most successful businesses are owned by one or more families.  Because they are family owned, these companies create many special planning challenges.  Ownership and control do not shift among non-owner managers. Rather, succession in ownership and management is a momentous and often highly emotional process for members of the family.  Frequently, these transitions are caused by the retirement or death of members of a family member.  And these transitions, if not carefully planned and delicately handled, can be ruinous, damaging the family and their company.  This program will provide you a practical framework of trust and estate planning and succession planning for family businesses.    Day 1: Succession planning in family businesses Counseling clients on how to avoid family drama on succession Valuation issues for financial and tax purposes Buy-sell planning with family members or key employees Selling to third parties where intra-family succession is not possible Planning for the incapacity of the founding generation   Day 2: Life insurance trust planning – or as a compensating asset to certain heirs Structuring private annuities to transfer a business and provide income to founders Self-cancelling installments notes and intentionally defective irrevocable trusts Use of GRATS and “redemptive freezes”   Speaker: Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine.  Mr. Daniels received his A.B., summa cum laude, from Dartmouth College and received his J.D., with honors, from Harvard Law School.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 2/23/2022
    Presented
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Service Level Agreements in Technology Contracting

$79.00

To Be Determined

  • Audio Webcast
    Format
  • 60
    Minutes
  • 2/24/2022
    Presented
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LIVE REPLAY: Ethics in Negotiations – Boasts, Shading, and Impropriety

$79.00

Lawyers must always be truthful in their representations. Yet they must be zealous in representing clients. The tension between these two principles is perhaps never as great as when the lawyer is negotiating for a client. The lawyer may make statements about the law or fact – or simply refrain from making statements because the lawyer knows certain facts or legal precedent are adverse to a client’s interest.   Lawyers may also boast, signaling that a client’s position is stronger than is, in fact, the case. Navigating these gray lines is the difference between ethical representation and impropriety. This program will provide you with a guide to ethical issues in negotiations.    Truthful representations v. zealous representations? Affirmative statements of fact, value or intent in settlements Silence about adverse law in negotiations Silence about facts unknown to an opponent or counter-party Silence about errors in settlement agreements or transactional documents Non-litigation work in another state – “temporary” practice   Speakers: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, she practiced law in Washington DC and New York, focusing on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School. 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
  • 2/24/2022
    Presented
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LIVE REPLAY: Lawyer Ethics and the Internet

$79.00

The Internet is the uniform information appliance for communications, research, and marketing, for consumers and for lawyers.  You can easily research witnesses, parties, judges, and jurors with a simple Google search.  Add in social media searches – blogs, Facebook, Twitter and many other platforms – and you can develop a rich demographic profile of all of these individuals.  With a few keystrokes, you can pull down more information than ever before. You can also communicate freely, unmediated and unrestricted, with virtually anyone. All of these functions are valuable in litigation and transactional practice but also give rise to substantial ethics issues – not everything that the Web enables is proper. This program will provide you with a real world guide to ethics issues when lawyer engage in research and communication using the Internet.    Communicating with parties, opposing attorneys, and witnesses via email, social media, and texting Researching jurors, parties, witnesses and judges via social media Blogging or sending newsletters/law updates to clients Trends in texting, confidentiality, and discoverability Law firm marketing via the web   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
  • 2/25/2022
    Presented
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LIVE REPLAY: Smartphones, Tablets, and Other Devices in the Workplace

$79.00

Most employees carry with them powerful devices – smartphone and tablets – that they use for mixed personal and professional use.  These devices can enhance or hinder productivity. Their powerful communications capabilities enable a range of activity which potentially exposes employers to liability.  Employers struggle with crafting policies that allow employees autonomy to use their devices and even channel them to productive work use, but limit their exposure to liability, including allegations that employers are invading the privacy of employees.  This program will provide you with a practical guide to drafting policies for using smart devices on the job.   Monitoring workplace usage and potential violations/liability for invasions of privacy Wage and hour issues – when does the workday begin and end when employees are never disconnected? EEO violations, discrimination and harassment risks when devices are used for mixed professional/personal use Obtaining digital evidence from employee devices – what’s allowed, what’s not? Best practices in preserving employer trade secret issues   Speakers: Laura Zabele is an attorney in the Los Angeles office of Paul Hastings, LLP, where her practice focuses on all aspects of labor and employment law.  She represents employers before state and federal courts and administrative agencies throughout the U.S., including single-plaintiff and class and collective actions involving discrimination, harassment, retaliation, and wage and hour issues. She also counsels employers on employment issues such as reductions in force, preparing handbook policies, and drafting employment and separation agreements.  Ms. Zabele earned her B.A., with distinction, from Cornell University and her J.D. from Boston University School of Law. Brian Featherstun is an attorney in the San Francisco office of Paul Hastings, LLP, where his practice focuses on complex litigation and employment matters. In addition to his litigation work, he routinely advises employers on best practices to mitigate exposure or avoid litigation altogether in areas including employment discrimination, retaliation, harassment, and wage and hour issues.  He has successfully handled first and second chair responsibility for trials, hearings, depositions, and administrative proceedings. Mr. Featherstun earned his B.A. from U.C. Santa Barbara and his J.D. from the UCLA School of Law..    

  • Audio Webcast
    Format
  • 60
    Minutes
  • 2/28/2022
    Presented
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