Course1

Family Feuds in Trust and Estate Planning: Counseilng Clients About Dispute Avoidance

$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 rivalries, disputes and 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 real-world 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 dampen 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

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  • 60
    Minutes
  • 10/15/2023
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Tax Planning for Real Estate, Part 2

$79.00

  Tax issues in major real estate transactions – property development, long-term ownership, build-and-sell, like-kind exchanges – often drive the structures of these deals. If not properly considered, tax issues can also have a major adverse impact on the underlying economics of a deal.  The structure of a transaction can impact the timing and amount of gain, the treatment of losses (often very valuable to participants), and even the tax rate.  At every stage of a transaction, tax plays an important role.  This program will provide you with a practical guide to major tax planning issues in real estate deals, including choice of entity, capital gains and distribution planning, and advanced like-kind exchange issues.   Day 1: Choice of entity considerations – contributions, distributions, and eventual sales Acquiring property in a form to minimize taxes later Understanding allocation and distribution provisions – layered allocations, target/forced allocations, built-in-gain (or loss) allocations Understanding and drafting for continuing ownership, including capital shifts and other shifts in ownership Deductions arising from non-recourse debt and minimum gain chargebacks   Day 2: Advanced Like-Kind techniques for deferring gain on the disposition of property Techniques for using partnerships – mixing bowl partnerships, freeze partnerships, leveraged acquisition partnerships Installment sales and cross-purchase/redemption agreements Capital gain tax planning and the 3.8% tax on net investment income   Speakers: Leon Andrew Immerman is a partner in the Atlanta office of Alston & Bird, LLP, where he concentrates on federal income tax matters, including domestic and international tax planning and transactional work for joint ventures, partnerships, limited liability companies and corporations. He formerly served as chair of the Committee on Taxation of the ABA Business Law Section and as chair of the Partnership and LLC Committee of the State Bar of Georgia Business Law Section.  He is also co-author of “Georgia Limited Liability Company Forms and Practice Manual” (2d ed. 1999, and annual supplements).  Mr. Immerman received his B.A., magna cum laude, from Carleton College, his M.A. from the University of Minnesota, and another M.A. and his Ph.D. from Princeton University, and his J.D. from Yale Law School.   Saba Ashraf is a partner in the Philadelphia office of Ballard Spahr, LLP and co-practice leader of the firm’s tax group. She advises clients worldwide on corporate and partnership taxation matters and has managed the tax aspects of a wide range of complex business transactions, including coordination with internal and external non-tax counsel and financial advisers. She handles the tax-related issues involved in mergers and acquisitions, joint ventures,  debt restructurings and loan workouts, and the tax aspects of REITs and investments in real estate.  She is past chair of the ABA Business Law Section’s Tax Committee.  Ms. Ashraf earned her B.S., cum laude, from New York University, her J.D. from Hofstra University School of Law, and her LL.M. in tax from New York University School of Law.    

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  • 60
    Minutes
  • 10/14/2023
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Course1

Tax Planning for Real Estate, Part 1

$79.00

  Tax issues in major real estate transactions – property development, long-term ownership, build-and-sell, like-kind exchanges – often drive the structures of these deals. If not properly considered, tax issues can also have a major adverse impact on the underlying economics of a deal.  The structure of a transaction can impact the timing and amount of gain, the treatment of losses (often very valuable to participants), and even the tax rate.  At every stage of a transaction, tax plays an important role.  This program will provide you with a practical guide to major tax planning issues in real estate deals, including choice of entity, capital gains and distribution planning, and advanced like-kind exchange issues.   Day 1: Choice of entity considerations – contributions, distributions, and eventual sales Acquiring property in a form to minimize taxes later Understanding allocation and distribution provisions – layered allocations, target/forced allocations, built-in-gain (or loss) allocations Understanding and drafting for continuing ownership, including capital shifts and other shifts in ownership Deductions arising from non-recourse debt and minimum gain chargebacks   Day 2: Advanced Like-Kind techniques for deferring gain on the disposition of property Techniques for using partnerships – mixing bowl partnerships, freeze partnerships, leveraged acquisition partnerships Installment sales and cross-purchase/redemption agreements Capital gain tax planning and the 3.8% tax on net investment income   Speakers: Leon Andrew Immerman is a partner in the Atlanta office of Alston & Bird, LLP, where he concentrates on federal income tax matters, including domestic and international tax planning and transactional work for joint ventures, partnerships, limited liability companies and corporations. He formerly served as chair of the Committee on Taxation of the ABA Business Law Section and as chair of the Partnership and LLC Committee of the State Bar of Georgia Business Law Section.  He is also co-author of “Georgia Limited Liability Company Forms and Practice Manual” (2d ed. 1999, and annual supplements).  Mr. Immerman received his B.A., magna cum laude, from Carleton College, his M.A. from the University of Minnesota, and another M.A. and his Ph.D. from Princeton University, and his J.D. from Yale Law School.   Saba Ashraf is a partner in the Philadelphia office of Ballard Spahr, LLP and co-practice leader of the firm’s tax group. She advises clients worldwide on corporate and partnership taxation matters and has managed the tax aspects of a wide range of complex business transactions, including coordination with internal and external non-tax counsel and financial advisers. She handles the tax-related issues involved in mergers and acquisitions, joint ventures,  debt restructurings and loan workouts, and the tax aspects of REITs and investments in real estate.  She is past chair of the ABA Business Law Section’s Tax Committee.  Ms. Ashraf earned her B.S., cum laude, from New York University, her J.D. from Hofstra University School of Law, and her LL.M. in tax from New York University School of Law.    

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  • 60
    Minutes
  • 10/13/2023
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"Founding Documents": Drafting Articles of Incorporation & Bylaws, Part 2

$79.00

  Though LLCs have become a default choice of entity for many businesses, corporations – C Corps and S Corps – still produce optimal results for many family-held businesses or businesses operating in industries where the corporate is preferred or required.  The founding documents of corporations – Articles of Incorporation, Stockholders’ Agreements, and bylaws – are complex, interlocking instruments that create and regulate the capital structure, governance, and finance of the business.  Very important issues of who can own stock, how that stock is valued and transferred, how major corporate decisions are made, and how disputes are resolved are all determined by these documents. This program will provide you with a practical guide to planning and drafting the essential founding documents of corporations.  Day 1: Practical planning and drafting founding documents Counseling clients about the allocation of voting power and distribution preferences Framework of law – what’s required, what can be modified, what’s discretionary Defining common stock characteristics – classes, voting rights Uses of preferred stock – classes, rights, preferences Tax issues to consider when drafting founding documents Day 2: Instituting boards of directors – duties, restrictions, indemnification Approval of shareholders – major transactions, voting thresholds, procedures Restrictions on the transferability of stock Major components of corporate bylaws Common traps in drafting founding documents – avoiding later litigation  Speaker:  Eric J. Zinn is of counsel in the Denver office of Kutak Rock, LLP.  He represents clients in clients in matters involving corporate, individual and partnership taxation, state and local taxation, and corporate mergers, acquisitions and finance. He is a frequent lecturer on topics including the proper choice of legal entity for the operation of a business enterprise, drafting operating agreements for limited liability companies, international taxation, partnership taxation, and like-kind exchanges.  He is an Adjunct Professor at the University of Colorado-Denver Business School and at the University of Colorado School of Law in Boulder. He is the author of "Colorado Limited Liability Company Forms and Practice Manual,” published by Data Trace Publishing. Before entering private practice he served as a judicial clerk to the U.S. Tax Court. Mr. Zinn earned his B.A. from the University of the South, J.D. and LL.M. in taxation from the University of Florida College of Law, and M.S. in finance, M.S. in information systems, and M.B.A. from the University of Colorado-Denver.    

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  • 60
    Minutes
  • 10/7/2023
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"Founding Documents": Drafting Articles of Incorporation & Bylaws, Part 1

$79.00

  Though LLCs have become a default choice of entity for many businesses, corporations – C Corps and S Corps – still produce optimal results for many family-held businesses or businesses operating in industries where the corporate is preferred or required.  The founding documents of corporations – Articles of Incorporation, Stockholders’ Agreements, and bylaws – are complex, interlocking instruments that create and regulate the capital structure, governance, and finance of the business.  Very important issues of who can own stock, how that stock is valued and transferred, how major corporate decisions are made, and how disputes are resolved are all determined by these documents. This program will provide you with a practical guide to planning and drafting the essential founding documents of corporations.  Day 1: Practical planning and drafting founding documents Counseling clients about the allocation of voting power and distribution preferences Framework of law – what’s required, what can be modified, what’s discretionary Defining common stock characteristics – classes, voting rights Uses of preferred stock – classes, rights, preferences Tax issues to consider when drafting founding documents Day 2: Instituting boards of directors – duties, restrictions, indemnification Approval of shareholders – major transactions, voting thresholds, procedures Restrictions on the transferability of stock Major components of corporate bylaws Common traps in drafting founding documents – avoiding later litigation  Speaker:  Eric J. Zinn is of counsel in the Denver office of Kutak Rock, LLP.  He represents clients in clients in matters involving corporate, individual and partnership taxation, state and local taxation, and corporate mergers, acquisitions and finance. He is a frequent lecturer on topics including the proper choice of legal entity for the operation of a business enterprise, drafting operating agreements for limited liability companies, international taxation, partnership taxation, and like-kind exchanges.  He is an Adjunct Professor at the University of Colorado-Denver Business School and at the University of Colorado School of Law in Boulder. He is the author of "Colorado Limited Liability Company Forms and Practice Manual,” published by Data Trace Publishing. Before entering private practice he served as a judicial clerk to the U.S. Tax Court. Mr. Zinn earned his B.A. from the University of the South, J.D. and LL.M. in taxation from the University of Florida College of Law, and M.S. in finance, M.S. in information systems, and M.B.A. from the University of Colorado-Denver.    

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  • 60
    Minutes
  • 10/6/2023
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Course1

Live Replay: Undue Influence and Duress in Estate Planning

$79.00

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

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/6/2021
    Presented
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Live Replay: Equity & Diversity in Law Practice: Best Practices for Law Firms

$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 world-view 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   Speakers: Michele Lomax is an attorney and consultant with extensive expertise in contract negotiation and diversity and inclusion. For more than ten years, she held legal and management roles for one of the nation’s premier consulting firms specializing in minority business economic development, supplier diversity, and diversity and inclusion. She has helped numerous Fortune 500 clients with their focus on compliance with diversity directives. In private practice, she has held leadership roles in acquisitions, corporate structuring, and management, negotiation and structuring of strategic partnerships, and project development. Ms. Lomax earned her B.A. from the University of Washington and her J.D. from the University of Chicago Law School. 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
  • 12/23/2021
    Presented
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Course1

Ethics, Disqualification and Sanctions in Litigation

$79.00

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 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.

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  • 60
    Minutes
  • 10/1/2023
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Trust and Estate Planning for Collectibles, Art & Other Unusual Assets

$79.00

Art, collectibles, cars, jewelry and other unique assets, perhaps handed down for generations in a family, may form a large share a client’s estate.  Unlike more traditional assets, these non-traditional assets pose special challenges for planners.  There are issues of valuation – how do you value a painting, even by a well-known artist? – and liquidity.  Though very valuable, these objects do not have liquid markets.  There are also many issues surrounding the lifetime or post-mortem transfer of control of these assets, tax issues, and, in some instances, intellectual property issues.  These and many other issues can be fascinating but also frustrating. This program will provide you with a practical guide to trust and estate planning for art, collectibles, jewelry, and other unique assets.    Trust and estate planning issues for art, collectibles, jewelry, cars, and other unique assets The problem of valuing unique objects Liquidity and paying taxes and expenses for objects with great value but small markets Irrevocable trust planning for art and collectibles Lifetime and post-mortem charitable giving during the donor’s lifetime Succession planning for unique objects Issues related to fractional ownership interests Art executors and special powers of attorney Estate administration issues   Speakers: Jeremiah W. Doyle, IV is senior vice president in the Boston office of BNY Mellon Wealth Management, where he provides integrated wealth management advice to high net worth individuals on holding, managing and transferring wealth in a tax-efficient manner.  He is the editor and co-author of “Preparing Fiduciary Income Tax Returns,” a contributing author of Preparing Estate Tax Returns, and a contributing author of “Understanding and Using Trusts,” all published by Massachusetts Continuing Legal Education.  Mr. Doyle received his B.S. from Providence College, his J.D. from Hamline University Law School, and his LL.M. in banking from Boston University Law School. Blanche Lark Christerson is a managing director at Deutsche Bank 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.

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  • 60
    Minutes
  • 9/30/2023
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IT Sourcing Agreements: Reviewing and Drafting Cloud Agreements

$79.00

Virtually every organization outsources it information technology (IT) functions to third-party vendors.  Electronic files of every time – data and documents, video and audio – are stored on servers owned and maintained by third parties and located at off-site locations.  Telecom services are also commonly outsourced. The idea behind outsourcing these increasingly complex systems is that costs might be controlled and the difficulty of maintaining them becomes someone else’s task. But getting to that point lies beyond reviewing and negotiating highly complex IT outsource agreements involving performance and reliability, data security and privacy breaches, and warranty and indemnity.  This program will provide you with a practical guide to negotiating and drafting IT agreements with third-party vendors.   Performance standards for IT vendors, reliability, and Service Level Agreements Essential warranty and indemnity provisions – and spotting red flags Understanding how “The Cloud” works for contractual purposes Important data security, privacy and related liability concerns Drafting the underlying equipment lease and/or software license Reviewing fee structures in IT outsourcing agreements   Speaker: Peter J. Kinsella is a partner in the Denver office of Perkins Coie, LLP, where he has an extensive technology law practice focusing on advising start-up, emerging and large companies on technology-related commercial and intellectual property transaction matters.  Prior to joining his firm, he worked for ten years in various legal capacities with Qwest Communications International, Inc. and Honeywell, Inc.  Mr. Kinsella has extensive experience structuring and negotiating data sharing agreements, complex procurement agreements, product distribution agreements, OEM agreements, marketing and advertising agreements, corporate sponsorship agreements, and various types of patent, trademark and copyright licenses.  Mr. Kinsella received his B.S. from North Dakota State University and his J.D. from the University of Minnesota Law School.

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  • 60
    Minutes
  • 9/24/2023
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Employment Investigations: Figuring It Out & Avoiding Liability

$79.00

Lawyers are often called on to conduct internal company investigations of employment disputes, sometimes in anticipation of litigation.  Employers hope to obtain an independent and thorough investigation of sensitive workplace matters to assess liability. For the lawyer, there many challenges: Choosing the right investigator, asking the right questions, preserving evidence, ensuring that privacy rights are not violated, and producing a practically useful report for the employer. There are also substantial issues of preserving the attorney-client privilege.  Often, the investigation can be as sensitive as the underlying matter. This program will provide you with a real world guide to planning and conducting an employment investigation and limiting employer liability.    Planning an effective employment investigation & knowing your goals Understanding liability risk in investigation, including invasions of privacy Determining interviewees and format/recording of interview What questions to ask/information to obtain from interviewees Litigation holds – what you should put in place Preserving the attorney-client privilege What to include in your final report   Speaker: Emily Pidot is of counsel in the New York City office of Paul Hastings, LLP.  Her practice focuses on defending employers in a broad array of employment matters, including claims of discrimination, harassment, and retaliation; whistleblower matters; executive compensation disputes; and wage-and-hour class and collective actions. She regularly counsels clients on human resources policies and employee relations to prevent litigation, and also has extensive experience providing anti-harassment training to clients’ workforces. Ms. Pidot received her B.A. from the University of Notre Dame and her J.D. from Duke University School of Law.

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  • 60
    Minutes
  • 9/22/2023
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Offices Leases: Current Trends & Most Highly Negotiated Provisions

$79.00

Leases for office space have their own logic, economics, and traps.  Next to customary issues of the allocation and payment of operating expenses, there are issues of building services, including access to high-speed data and telecommunication networks.  Many tenants are also motivated by energy efficiency and the environmental sustainability of their space.  If the space is occupied by medical or dental practice, the landlord needs to be concerned about waste disposal and other environmental issues.  Throughout an office lease there are traps for the unwary. This program will provide you a detailed guide to reviewing and drafting office leases, including building services, operating expenses, and expanding or contracting space.   Economics of office leases – and protecting landlord margins Building services – telecom and data bandwidth issues Operating expenses – taxes, insurance, fees and penalties Special issues for medical and dental practices Make-ups and give-backs – strategies for tenants and practical responses of landlords Assignment and subletting – consent of landlord, other issues Liability issues – insurance and indemnity, waiver of subrogation, waiver of right to sue   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.

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  • 60
    Minutes
  • 9/17/2023
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Retail Leases: Restructurings, Subleases, and Insolvency

$79.00

Commercial leases are complex financial documents. There are issues of tenant improvement allowances, how that money is spent by tenants to improve the property, and how the landlord recovers that allowance, in the form of rent, over the term of the lease. There are issues of “CAM,” common area maintenance expenses, that are allocated among tenants. There are issues of rent escalators provisions through the term of the lease. There may also be the fundamental issue of whether the lease is triple or double-net or gross, and what that means from lease to lease.  All of these essential economic factors play a very important role in drafting commercial leases.  This program will provide you with a practical guide to understanding the economics of commercial leases and the drafting issues they raise.    Math of Leases: Essential Calculations to Understand Before Drafting Leases How certain financial metrics or calculations can cause substantial drafting errors Underlying economics of commercial lease provisions Rental start dates, lease years, and annual “elevator” clauses Measurement of usable space, load considerations, and re-measurement Intricacies of determining Common Area Maintenance expenses and proportionate shares Determining gross sales for percentage rent purposes   Speaker: David C. Camp is a partner in the Denver office of Senn Visciano Canges, PC, where he represents clients in all aspects of real estate transactions.  He has extensive experience in leasing, development, construction, financing and ownership issues.  He also has substantial experience in commercial finance matters, most frequently corporate and real estate financing, including mezzanine loans, construction loans, and traditional loan matters.  Mr. Camp received his B.A. cum laude from Middlebury College and his J.D. from the University of Pennsylvania Law School.

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  • 60
    Minutes
  • 9/16/2023
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Incentive Trusts: The Promise & Limits of “Do What I Want & I’ll Reward You”

$79.00

Incentive trusts are a mechanism by which the settlor tries to “incentivize” or seek to control the behavior of beneficiaries.  Settlors may want to encourage children or grandchildren to achieve certain educational milestones, maintain a job, get married or have children, or remain free of substance abuse or other risky behaviors. But there are serious limits – limits of what the law will allow a settlor to demand of a beneficiary or a trustee to enforce.  There are also practical limits, including how to objectively judge a beneficiary’s behavior when making distributions.  Incentive trusts are decidedly a mixed bag. This program will provide you with a real-world guide to drafting incentive trusts, counseling clients about their effectiveness and limits, and understanding what the law will (or won’t) allow.   Uses and limitations – practical and legal – of incentive trusts Types of incentive trusts – and rates of success or failure in achieving settlor goals Structuring incentives so they can be objectively measured and administered by trustees Drafting distribution provisions Counseling clients about downsides of incentive trusts and alternatives   Speaker: John A. Warnick is an attorney and wealth counselor in Denver, Colorado, with a national estate and trust planning practice. He is widely recognized for his counseling of high net worth families on purposeful giving, the process of not only transferring wealth but creating a lasting legacy. He is also the managing collaborator of the Purposeful Planning Institute and a wealth consultant with Family Wealth and Transition Solutions.  Mr. Warnick is a Fellow of the American College of Trust and Estate Counsel and formerly practiced law with Holme, Roberts & Owen, LLP in Denver.  He received his B.A. from Brigham Young University and his J.D. from The George Washington University Law School.

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  • 60
    Minutes
  • 9/15/2023
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Buying Time: Options Contracts in Real Estate

$79.00

Options in commercial real estate transactions give the option holder more time to conduct due diligence, obtain financing and any necessary governmental approvals, and consider whether the transaction is truly viable.  The property owner, whose land is optioned, loses the right to sell the property to a third party for the duration of the option, but earns a fee for doing so.  In a world of complex and risky commercial real estate transactions, where time is often of the essence and risk is high, options allow developers, investors and others an effective mechanism to buy time and take a wait-and-see-approach.  This program will provide you with a practical guide to drafting essential provisions of options in commercial real estate transactions, including avoiding costly traps.    Negotiating and drafting most essential terms of option contracts in real estate transactions Economics of real estate option contracts, including the purchase price of the underlying property and market volatility Duration of exclusive period, fees, and extensions – and relationship to market conditions Nature of exclusive period – access to property, restrictions on marketing, cooperation in obtaining permits Role of contingencies – financing, regulatory, market variables Practical uses, traps, and alternatives to options   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.

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  • 60
    Minutes
  • 9/8/2023
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Trust and Estate Planning for Firearms

$79.00

Many clients hold firearms in their estates.  These firearms – shotguns, rifles, pistols or others guns – may have been long held in their families and hold sentimental value. These firearms may also be quite valuable. Clients wanting to pass these firearms to their heirs, however, are subject to a significant and growing body of law regulating the transfer of firearms, even as part of a testate transfer. These are no ordinary assets that can be transferred easily like other personal property. In fact, in the absence of strict adherence to a body of law, the estate’s executor, a trust’s trustee, or the estate planner himself or herself, as well as the transferee, may be subject to substantial fines or even imprisonment.  This program will provide you with a real-world guide to risks of and best practices for transferring firearms as part of a trust and estate plan.   Framework of gun law and how it impacts trust and estate planning Drafting “Gun Trusts” to transfer firearms & comply with National Firearm Act Planning for death and incapacity of firearm owners Potential substantial fines and jail time for estate planners, executors, and trustees Special issues in probate, trustee selection, and constructive control of firearms   Speaker: Lee-ford Tritt is a law professor and member of the graduate tax faculty at the University of Florida College of Law in Gainesville, where he teaches trust and estate planning. He is also the director of the Center for Estate Planning and director of the Estate Planning Practice Certificate Program.  He is a Fellow of the American College of Trust and Estate Counsel and the vice president of the American Association of Law Schools’ Trusts & Estates Division.  In addition, He serves as vice chair of the ABA Real Property Trusts & Estates Law Section’s Outreach Committee as well as a chair of a committee for the Non-Tax Estate Planning Considerations Group.  Before joining the College of Law, he practiced at Davis, Polk & Wardwell and Milbank Tweed in New York City.  Professor Tritt earned his B.A. from the University of the South, his J.D. from New York University School of Law, and his LL.M. in taxation from the New York University School of Law.

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  • 60
    Minutes
  • 9/1/2023
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Assuming Liabilities/Debt in Transactions: Tricks and Traps

$79.00

This program will provide you a practical guide to drafting for the assumption and limitation of liabilities in business and commercial transactions.  The program will cover the mechanics of assuming debt in a transaction, how it is identified, terms negotiated and documented. The program will discuss the related issue of how “bad conduct” carve-outs in indemnification and other limitation of liability provisions can defeat limitations on liability if the carve-outs are not carefully drafted.  Successor liability in business transactions and techniques to mitigate its risk will be covered. This program will provide a real-world guide to handling debt and liabilities in transactions.   Identifying and documenting the assumption of liabilities Successor liability and techniques to mitigate the risk “Bad conduct” carve-outs in indemnification and limitation of liability Risks of carve-out language being over-expansive and defeating liability protection Mistakes in the treatment of liabilities in transactions   Speaker: Steven O. Weise is a partner in the Los Angeles office Proskauer Rose, LLP, where his practice encompasses all areas of commercial law. He has extensive experience in financings, particularly those secured by personal property.  He also handles matters involving real property anti-deficiency laws, workouts, guarantees, sales of goods, letters of credit, commercial paper and checks, and investment securities.  Mr. Weise formerly served as chair of the ABA Business Law Section. He has also served as a member of the Permanent Editorial Board of the UCC and as an Advisor to the UCC Code Article 9 Drafting Committee.  Mr. Weise received his B.A. from Yale University and his J.D. from the University of California, Berkeley, Boalt Hall School of Law.

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  • 60
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  • 8/25/2023
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Easements in Real Estate

$79.00

Easements are nonpossessory rights to use a third party’s property.  They can be conveyed by deed or contract and may have a significant impact on the underlying property. When valid and enforceable, easements may have a major impact on the use of property, its development and ultimately the value of the underlying property. It isvery important to timely identify easements in diligence, value them, and perhaps obtain their termination or release. If your client depends on an easement, ensuring that they are properly drafted and filed, and are enforceable are essential.  This program will provide you with a real-world guide to easements in real estate transactions, including their types, how they are created and released, or enforced in transactions.   Types of easements – prescriptive, appurtenant, in gross, mortgage-related, estoppel, necessity and quasi-easements How they are used in real estate transactions – which are best for your client? Due diligence in transactions – identifying and valuing easements Creation of easements – drafting essential terms and filing for maximum enforcement Enforcement – methods and measure of damages Termination and release – effective drafting to eliminate easements   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.

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  • 60
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  • 8/19/2023
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Getting to Market: Sales and Distribution Agreements

$79.00

A product is only as successful as its distribution, only as profitable as it reaches the widest market possible.  Most suppliers of goods rely on distributors to reach the market. Distributor agreements can come in a multitude of types, including wholesale and retail distribution agreements. These agreements encompass a series of intricately interrelated provisions about the scope of products, the scope of the territory involved, exclusivity, pricing control, support in the form of marketing and training, supply guarantees, and much more.  Success for both the supplier and the distributor depends on a thoughtfully planned and drafted agreement.  This program will provide you with a practical guide to drafting the most essential provisions of distributor agreements.   Understanding distributor and supplier objectives – and how they can be harmonized Legal framework of distributor agreements Products covered and how they are defined and altered over time Exclusivity – territory and products Support – training, advertising, promotion Supply guarantees, timeliness of performance Pricing – who controls and antitrust considerations   Speaker: Joel R. Buckberg is a partner in Nashville office of Baker Donelson, P.C. and vice chair of the firm’s corporate group. He has more than 40 years’ experience in corporate and business transactions.  His practice focuses on corporate and asset transactions and operations, particularly in hospitality, franchising and distribution.  He also counsels clients on strategic planning, financing, mergers and acquisitions, system policy and practice development, regulatory compliance and contract system drafting. Prior to joining Baker Donelson, he was executive vice president and deputy general counsel of Cendant Corporation.  Mr. Buckberg received his B.S. from Union College, his M.B.A. from Vanderbilt University, and his J.D. from Vanderbilt University School of Law.

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  • 8/18/2023
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Techniques to Avoid and Resolve Deadlocks in Closely Held Companies

$79.00

One of the biggest risks to a closely held company is a dispute among the members of its ownership group. The members may disagree about a major company transaction, the strategic direction of the company, distribution practices, or simply develop ruinous inter-personal issues.  In closely held companies that are held by a single family, disputes are particularly personal, often arising when members of a junior generation succeed to the interests and leadership role of the senior generation.  Unless these disputes are carefully channeled into dispute resolution mechanisms, the stability and financial success of the company is threatened.  This program will provide you with a guide to the sources of disputes in closely held companies and mechanisms for resolution, with an emphasis using buy/sell agreements to resolve disputes.   Common sources of disputes and deadlocks in closely-held companies Planning and drafting mechanisms to resolve disputes Conflicts over strategic transactions, distributions, or inter-personal relations Practical use of buy/sell agreements to liquidate interest of dissenting member Major elements of buy/sell agreements Alternatives to using buy/sell agreements   Speaker: S. Lee Terry is a partner in the Denver office of Davis, Graham & Stubbs, LLP, where he has a broad corporate and securities practice.  He advises clients on mergers and acquisitions, joint ventures, partnership agreements, licensing and other technology related contracts.  He has an active practice advising private companies, ranging from capital raising and major transactions to dispute resolution and investigations. He also has an extensive securities law practice, including various types of capital raising transactions.  Earlier in his career, he worked in the Office of General Counsel of the Securities and Exchange Commission.  Mr. Terry earned his A.B. from the University of Michigan and his J.D. from Wayne State University.

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  • 60
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  • 8/13/2023
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Trust & Estate Planning for Cabins, Boats, and Other Family Recreational Assets

$79.00

Clients frequently have substantial reactional assets that they want to pass in their estates – family cabins, mountain houses, other retreats, boats, and other assets.  These assets may be held in full or in fractional interests, sometimes shared uncomfortably by different parts of a single family or with third parties, giving rise to issues of control, value, and transfer.  Any or all of these assets may have substantial financial value and almost always have emotional value to clients. Planning for these assets is a blend of property and tax law, but also practical counseling of clients. This program will provide you with a real world guide to trust and estate planning for recreational assets.    How to title and/or hold assets in LLCs or other business entities Methods and agreements foster stable and cooperative use property among many family members Special trust and estate planning issues for reactional assets Use of Qualified Personal Residence Trusts for cabins and other vacation homes Real estate issues – capital improvements, treatment of taxes and expenses, conservation easements Special issues related to boats and airplanes   Speakers: 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. 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.

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  • 8/12/2023
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Incentive Compensation in Businesses, Part 2

$79.00

  Companies of every type including incentivize compensation features in employee compensation packages. The range of incentive compensation tools and techniques available to these companies depends on the type of entity involved.  Corporate entities have stock options, restricted stock and other forms of profit or capital appreciation rights.  LLCs are even more flexible and can award a variety of forms of profit or capital rights.  These alternatives, together with voting and vesting restrictions, provide companies alternatives for virtually every circumstance.  But each alternative comes with tradeoffs – practical, tax and financial. This program will provide you with a real world guide to the incentive compensation alternatives in business entities.   Day 1: Framework of incentive compensation alternatives for corporate v. pass-through entity Advantages and drawbacks of stock options, restricted stock, and profit participation rights How IRC Section 83 impacts corporate stock options, the award of restricted stock and other rights Use of vesting to impact the tax consequences of incentive compensation Special incentive compensation issues in S Corps   Day 2: Use of profit interests and capital interest in LLCs, partnerships Exchanging incentive compensation for services Incentive compensation in single member LLCs Impact of IRC Section 409A and deferred compensation Employment tax considerations   Speaker: Norman Lencz is a partner in the Baltimore, Maryland office of Venable, LLP, where his practice focuses on a broad range of federal, state, local and international tax matters.  He advises clients on tax issues relating to corporations, partnerships, LLCs, joint ventures and real estate transactions.  He also has extensive experience with compensation planning in closely held businesses.  Mr. Lencz earned his B.S. from the University of Maryland and his J.D. from Columbia University School of Law.    

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  • 60
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  • 8/5/2023
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Incentive Compensation in Businesses, Part 1

$79.00

Companies of every type including incentivize compensation features in employee compensation packages. The range of incentive compensation tools and techniques available to these companies depends on the type of entity involved.  Corporate entities have stock options, restricted stock and other forms of profit or capital appreciation rights.  LLCs are even more flexible and can award a variety of forms of profit or capital rights.  These alternatives, together with voting and vesting restrictions, provide companies alternatives for virtually every circumstance.  But each alternative comes with tradeoffs – practical, tax and financial. This program will provide you with a real world guide to the incentive compensation alternatives in business entities.   Day 1: Framework of incentive compensation alternatives for corporate v. pass-through entity Advantages and drawbacks of stock options, restricted stock, and profit participation rights How IRC Section 83 impacts corporate stock options, the award of restricted stock and other rights Use of vesting to impact the tax consequences of incentive compensation Special incentive compensation issues in S Corps   Day 2: Use of profit interests and capital interest in LLCs, partnerships Exchanging incentive compensation for services Incentive compensation in single member LLCs Impact of IRC Section 409A and deferred compensation Employment tax considerations   Speaker: Norman Lencz is a partner in the Baltimore, Maryland office of Venable, LLP, where his practice focuses on a broad range of federal, state, local and international tax matters.  He advises clients on tax issues relating to corporations, partnerships, LLCs, joint ventures and real estate transactions.  He also has extensive experience with compensation planning in closely held businesses.  Mr. Lencz earned his B.S. from the University of Maryland and his J.D. from Columbia University School of Law.

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  • 60
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  • 8/4/2023
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Good Faith and Fair Dealing in Business Transactions: Litigation Risks

$79.00

When business transactions go bad – either because they fail on their own terms or they never reach the closing table – there are often recriminations, accusations of bad-faith and threats of litigation.  The parties negotiating these transactions are subject to certain standards of conduct which, if violated, give rise to liability. Various theories of liability exist, including breach of the duty of good faith and fair dealing, negligent or fraudulent misrepresentation, and interference with a business expectancy. This program will provide you with real-world guide to the standards of conduct in business transactions and your clients can mitigate risk of liability.   Sources of fiduciary standards in negotiating, drafting and closing business transactions How fiduciary standards are commonly breached in transactions Role of business torts, including negligent and fraudulent misrepresentation, interference with a business expectancy Risks of litigation and practical remedies – damages, rescission, specific performance Special duties in closely held businesses, including misappropriation of company opportunities   Speaker: Shannon M. Bell is a member 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.  Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.

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  • 60
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  • 7/31/2023
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Unwinding a Commercial Real Estate Transaction Gone Bad, Part 2

$79.00

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   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.  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.

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  • 60
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  • 7/29/2023
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Unwinding a Commercial Real Estate Transaction Gone Bad, Part 1

$79.00

  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   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.  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.    

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  • 60
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  • 7/28/2023
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Ethics and New Clients: Inadvertent Clients, Intake, and more

$79.00

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.

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  • 60
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  • 7/21/2023
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Lawyer Ethics & Credit Cards

$79.00

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.

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  • 60
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  • 7/17/2023
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Trust & Estate Planning for Real Estate, Part 2

$79.00

Trust and estate planning for real estate and real estate entrepreneurs is full of special challenges.  Real estate is illiquid, its value can swing wildly, and it can be difficult to value.  Commercial real estate may be owned in an LLC and subject to complex contractual relationships that make transferring it difficult.  There are also the challenges of transferring a unique family property – a personal residence, or family vacation property, a farm or ranch. This program will provide you a detailed guide to trust and estate planning for real property assets and for real estate entrepreneurs.   Day 1: Planning opportunities and challenges for real estate and real estate entrepreneurs Planning for lifetime giving of fractional interests in real estate Asset protection techniques for real estate assets Issues related to restructured real estate assets Planning for family properties – QPRTs, SERTs, and LLC techniques   Day 2: Unique challenges of planning for liquidity with illiquid assets Valuation discount issues and planning in a rising but volatile market Value freezing techniques using LLCs Grantor Retained Annuity Trust (GRAT), sales to defective grantor trusts, and sales of self-cancelling installment notes Charitable giving techniques for real estate   Speakers: 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. 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.  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.

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  • 60
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  • 7/15/2023
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Trust & Estate Planning for Real Estate, Part 1

$79.00

Trust and estate planning for real estate and real estate entrepreneurs is full of special challenges.  Real estate is illiquid, its value can swing wildly, and it can be difficult to value.  Commercial real estate may be owned in an LLC and subject to complex contractual relationships that make transferring it difficult.  There are also the challenges of transferring a unique family property – a personal residence, or family vacation property, a farm or ranch. This program will provide you a detailed guide to trust and estate planning for real property assets and for real estate entrepreneurs.   Day 1: Planning opportunities and challenges for real estate and real estate entrepreneurs Planning for lifetime giving of fractional interests in real estate Asset protection techniques for real estate assets Issues related to restructured real estate assets Planning for family properties – QPRTs, SERTs, and LLC techniques   Day 2: Unique challenges of planning for liquidity with illiquid assets Valuation discount issues and planning in a rising but volatile market Value freezing techniques using LLCs Grantor Retained Annuity Trust (GRAT), sales to defective grantor trusts, and sales of self-cancelling installment notes Charitable giving techniques for real estate   Speakers: 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. 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.  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.

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  • 60
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  • 7/14/2023
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