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CLE Teleseminars

UPCOMING TELESEMINARS: NOVEMBER 2013

 
 

 

Tuesday
November 12

Estate Planning
and IRAs

1 Credit
Learn More

Wednesday
November 13

LIVE REPLAY: Attorney Ethics in a Digital and Wireless World
1 Ethics Credit
Learn More

Thursday
November 14

Ethics and Client Money - Trust Fund Accounting and More
1 Ethics Credit
Learn More

Friday
November 15

LIVE REPLAY: Ethics in Negotiations
1 Ethics Credit
Learn More


 
 

 

Tuesday
November 19

Estate Planning for the Elderly, Part 1
1 Credit
Learn More

Wednesday
November 20

Estate Planning for the Elderly, Part 2
1 Credit
Learn More

Thursday
November 21

Attorneys and Conflicts with
Their Clients,
Part 1

1 Ethics Credit
Learn More

Friday
November 22

Attorneys and Conflicts with
Their Clients,
Part 2

1 Ethics Credit
Learn More


 
 

 

Tuesday
November 26

Indemnification and Hold Harmless Provisions in Business Agreements
1 Credit
Learn More

 
 

 

 
 

 

 
 

 


Convenient, timely, reliable, and affordable...
Teleseminars are midday continuing legal education conferences broadcast over the telephone. From the convenience of your office or home, you are able to dial into an 800 number, and hear nationally recognized practice leaders speak on important issues in the law. You are also able to ask them your questions.Teleseminars marry the best of technology and education to bring the world of CLE to your office or home.

  • Each program will run from 11:00 a.m. to 12:00 p.m. M.T. (60 minutes each).
  • Each 60-minute program has been submitted for 1 general CLE credit.
  • Tuition for each 60-minute program is $89 for CBA members, $109 for Non-members.
  • The 2-part program has been submitted for 2 general CLE credits.
  • Tuition for the 2-part programs is $109 for CBA members, $129 for Non-members.
  • The programs on November 13, November 14, and November 15 have been submitted for 1 ethics credit.
  • The program on November 21 & 22 has been submitted for 2 ethics credits.
 ABOUT THE PROGRAMS:
Estate Planning and IRAs
November 12, 2013

Liquid assets held in individual or employer sponsored "qualified plans" - traditional and Roth IRAs and 401(k)s primarily - are often the largest asset of individual estates. These accounts can also hold illiquid and difficult-to-value assets like shares of a closely held company, family real estate, art, jewelry or other nontraditional assets. Most of these accounts have tax-favored status but come with their own peculiar tax and distribution rules that can complicate trust and estate planning. This program will cover planning opportunities with trusts and traditional and Roth IRAs and 401(k) accounts, the opportunities and traps of custom versus form-driven beneficiary designations, circumstances in which re-characterization of IRAs makes sense or not, and planning with difficult-to-value assets like closely held company stock.

  • Estate and trust planning with retirement accounts - traditional and Roth IRAs and 401(k) accounts
  • Use of see-thru, conduit, accumulation, and QTIP trusts in connection with retirement accounts
  • Opportunities and traps - custom drafted v. form designations
  • When conversion of a traditional IRA to a Roth IRA makes sense - or doesn’t
  • Valuation and minimum distributions with hard-to-value closely held businesses
  • When creditors may claim retirement account assets

Faculty:
Blanche Lark Christerson is a managing director at Deutsche Bank Private Wealth Management in New York City, where she works with clients and their advisors to help develop estate, gift, tax, and wealth transfer planning strategies. Earlier in her career she was a vice president in the estate planning department of U.S. Trust Company. She also practiced law with Weil, Gotshal & Manges in New York City. Ms. Christerson is the author of the monthly newsletter "Tax Topics."  She received her B.A. from Sarah Lawrence College, her J.D. from New York Law School and her LL.M. in taxation from New York University School of Law.

LIVE REPLAY: Attorney Ethics in a Digital and Wireless World
November 13, 2013

This program will highlight four major ethical issues when attorneys use common digital technology in their practices.The foremost duty is that of competence. Attorneys are required to understand how technology they use in practice may impact their ethical responsibilities.The next most pressing duty is confidentiality: When using remote networks, smartphones, shared networks and other convenient technology, how must attorneys safeguard client information?Law firms also regularly issue e-newsletters or "legal updates" or maintain blogs to communicate with current, former and prospective clients.How do these uses potentially violate restrictions on attorney advertising - and even give rise to conflicts of interest?This program will provide you with a real world guide to how using digital technology impacts attorney ethics in competence, confidentiality, attorney advertising and conflicts of interest.

  • Four major ethics issues when attorneys use commonplace digital technology in law practice
  • Competence - ethical requirement to understand how technology works and impacts law practice
  • Confidentiality - safeguarding client information from being comprised inadvertently through communications technology
  • Attorney marketing - how blogging, LinkedIn, email newsletters and more might violate restrictions on marketing
  • Conflicts- how regular communication with current, former and prospective clients might give rise to conflicts

Faculty:
Michael E. Lackey
is a partner in the Washington, D.C. office of Mayer Brown, LLP, where he has an extensive litigation practice representing companies and individuals in federal court and has developed a specialty in advising clients on a wide range of e-discovery issues. He is an advisory board member of the Georgetown University Law Center Advanced E-Discovery Institute and serves as an Adjunct Professor of Law at George Washington University Law School.Before entering private practice, he served as a judicial clerk to Judge Jacques L. Wiener, Jr. of the U.S. Court of Appeals for the Fifth Circuit.Mr. Lackey received his B.S. from the Massachusetts Institute of Technology and his J.D. from the George Washington University Law School.

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.

Ethics and Client Money - Trust Fund Accounting and More
November 14, 2013

Lawyers and client money is an ethically fraught minefield. Most ethics complaints arise from client accusations that their attorneys mishandled their funds.Attorneys may be accused of not properly charging off or returning retainers or of mishandling client funds held in trust or escrow. Attorneys sometimes are also the beneficiary of client gifts - bequests at death - that a client’s other beneficiaries may vigorously contest.Attorneys may also benefit from certain lucrative business opportunities with a client.If those opportunities do not unfold as planned, clients may turn on their attorneys and accuse them of wrongdoing. This program will provide you with a real-world guide application of the ethics rules when attorneys take, hold and disburse client money, including as retainers, in trust, or in the form of gifts or business opportunities.

  • Attorney ethics when taking, holding and disbursing client money
  • Proper use and charging off of retainers for services
  • Ethical risks and best practices of holding client money in trust
  • Accepting client gifts at death or during lifetime - what's allowed, what's not?
  • Going into business with a client - can you be lawyer and business partner at the same time?
  • Best practices for avoiding liability

Faculty:
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.

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.

Ethics in Negotiations
November 15, 2013

Virtually every communication a lawyer makes - in person, in writing, or over the phone or through email - is a negotiation, a statement about the facts of a case or transaction or a statement about the law, with the intent of gaining an advantage for his or her client.Often the instinct is to go right up to the line in these communications, never stating a falsehood or even actively misleading an adversary, but casting the lawyer's case in the most favorable light possible. Though there are some bright lines involved in the application of ethics rules to negotiations, most of the lines are fine and sometimes difficult to discern in active conversations. This program will provide you with a practical guide to how ethics rules apply in transactional and litigation negotiations, crucial distinctions between affirmative statements and mere silence about the facts of a case and the law, and when attorneys have an affirmative obligation to correct errors by adversaries.

  • Practical ethics for negotiations in litigation and in transactional practice
  • Statements of fact versus mere silence about facts, including about intent and value
  • Statements about the law and whether you are required to correct adversaries' mistakes
  • Silence about errors in settlement agreements
  • Negotiating in other jurisdictions, including in ADR and in transactional negotiations
  • Negotiations with represented parties

Faculty:
David Rabinowitz
is a partner in the New York City office of Moses & Singer, LLP, where he is co-head of the firm's litigation, employment and labor practices. He has more than 30 years' experience as a litigator in commercial, copyright, trademark employment, trust and estate and real estate matters.He has spoken and written widely on ethical issues for attorneys across a wide range of practice areas. He has also served as an adjunct professor of law at Seton Hall Law School, teaching copyright law. He formerly served as a trustee of The Copyright Society of the USA.Mr. Rabinowitz received his B.S. from the Massachusetts Institute of Technology and his J.D. from Columbia University School of Law.

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.
Estate Planning for the Elderly, Part 1 and Part 2
November 19 & 20, 2013

Trust and estate planning for the elderly is a delicate balance. There is traditional planning to reduce taxes but also the necessity of financing long-term care of clients. Sensitive health care issues like advance medical directives can involve the appointment of trustees and guardians, and these decisions often stir family emotions. Frequently, too, clients want to provide for the tuition and other educational expenses of grandchildren or others, but these and other distributions can give rise to mounting demands from heirs. This program will provide you with a real-world guide to the key areas of trust and estate planning for the elderly, including tax reduction techniques, funding long-term care, and educational and charitable giving, major health care issues, reducing family conflicts and more.

Day 1 - November 19, 2013:

  • Issues related to client competence, undue influence and dependence on another
  • Planning with revocable living trusts
  • Planning for the tuition and educational expenses of grandchildren
  • Late-in-life divorces and remarriages, including issues for heirs of prior marriages
  • Avoiding post-mortem disputes with family and other potential claimants

Day 2 - November 20, 2013:

  • Health care issues, including varieties of powers of attorney and advance medical directives
  • Planning for disability and long-term care
  • Role of public benefits in planning for the elderly
  • Use of asset protection trusts
  • Appointment of conservators and guardians, and property management

Faculty:
William Kalish
is a partner in the Tampa office of Akerman Senterfitt, LLP. His practice focuses on advising individual clients and their families on their estate and trust plans, including wills, revocable trusts, irrevocable trusts, charitable trusts, private foundations, and limited partnerships. He also practices in probate administration, asset preservation, business succession planning for family-owned entities, and the division of business interests in the context of divorce.  He is a Fellow of the American College of Trust and Estate Counsel, formerly served as chair of ABA Tax Section, and has served as an Adjunct Professor of Law at Stetson Law School teaching estate planning. Mr. Kalish received his B.A. from the University of Pittsburg and his J.D. with honors from George Washington University Law School.

Cynthia Carlson is a partner in the Naples, Florida office of Akerman Senterfitt, where she has a national practice focuses on representing individuals and their families in estate planning, estate and trust administration, estate and gift tax planning, charitable planning and forming and advising nonprofit organizations. She has written and spoken extensively on asset protection planning and estate planning. Ms. Carlson earned her B.A. from the University of New Orleans, her M.S. from The New School University, her J.D. from New York Law School, and her LL.M. from New York University School of Law.

Attorneys and Conflicts with Their Clients, Part 1 and Part 2
November 21 & 22, 2013

Conflicts between lawyers and their clients arise in a wide range of circumstances, not only in traditional conflicts analysis. Transactional lawyers may have an opportunity to join in a lucrative business venture of a client.  Litigators may have differences of opinion with a client about how or when to settle a case. Estate planners may be offered gifts in the form a bequest from a client. Any of them may sit on a board of directors of a profit-making or a nonprofit organization which puts the lawyer in the uncomfortable position of conflicting loyalties or soliciting funds, respectively.In these and many other ways, conflicts arise between lawyers and their clients, potentially causing ethical violation and liability. This program will provide you with a practical guide to how ethics rules apply in a wide range of circumstances in which lawyers have conflicts with their clients. 

Day 1 - November 21, 2013:

  • Doing business with clients - business partner v. legal adviser
  • Gifts from clients to lawyers - accepting bequests, soliciting charitable donations, and disqualification
  • Conflicts arising from personal relationships between attorneys and their clients
  • Lawyers sitting on boards of directors - fiduciary duties and conflicts
  • Law firms, lawyers and non-competition agreements

Day 2 - November 22, 2013:

  • Lawyers testifying as witnesses - conflicts and the attorney-client privilege
  • Settlement of litigation - attorney and client decisions and conflicts
  • Duty to disclose malpractice and settlement of disputes with clients
  • Duties to former clients, including ownership of files and disputes when clients won’t pay your fees
  • Working with clients with diminished capacity and decision-making authority

Faculty:
Sue C. Friedberg
is a partner in the Pittsburg office of Buchanan, Ingersoll & Rooney, PC. She is associate general counsel of the firm and responsible for guiding its attorneys in meeting the standards of ethical law practice. She supervises the firm's conflicts of interest review process and new business intake functions, and provides counsel for the firm as a business entity. Earlier in her career, she focused on corporate finance, securities law, and general business transactions.  Ms. Friedberg earned her B.S., magna cum laude, from Georgetown University and her J.D., cum laude, from the University of Pittsburg 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. 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.

Indemnification and Hold Harmless Provisions in Business Agreements
November 26, 2013

Identifying, assessing and controlling risk - these are essential tasks of all business transactions. The risk may arise from unforeseen violation of a third-party contract or a violation of law, performance risk or some form of financial risk. A party at risk may agree to enter a transaction only if the other party agrees to hold them harmless from any damage or indemnify against one of the risks maturing into full-fledged liability.Indemnification agreements are intricate documents that carefully outline what risks are indemnified, what is excluded from the indemnity, and how claims for indemnification can be made. This program will provide you with a practical guide to the major elements of indemnification agreements and hold harmless provisions, including scope, exculpatory language, and procedural considerations.

  • Understanding and drafting indemnification agreements
  • Statutory and case law framework of indemnification
  • Differences between first and third party indemnification - and implications for drafting
  • Exculpatory clauses, allocation of costs and exclusions
  • Enforceability, triggering indemnity and procedures for making a claim
  • Reciprocal indemnification agreements

Faculty:
Keith J. Berets is a partner in the Broomfield, Colorado office of Cooley, LLP, where his practice focuses on transactions involving the acquisition, development and commercialization of technology. He counsels clients on, and crafted and negotiated agreements involving outsourcing, consulting, licensing, distribution, development and e-commerce. He also counsels clients on the intellectual property aspects of mergers, acquisitions, and financings.Mr. Berets received a BA from Pomona College and his J.D., cum laude, from the University of Wisconsin Law School.



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