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| New Class Action Settlement Strategies October 7, 2008 1:00–2:30pm Eastern | Not-For-Profit Hospital Status Under Tight IRS Scrutiny October 7, 2008 1:00–2:30pm Eastern |
Climate Change Regulations: Strategies for Reducing Corporate Risks and Liabilities October 8, 2008 1:00–2:30pm Eastern |
Strafford Legal Briefings offer timely updates on critical issues facing private practice, corporate and municipal attorneys in a 90-minute interactive telephone conference format.
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Strafford Publications, Inc. is a leading provider of news, trend analysis, and management information for the legal, tax, and security professions. Strafford's Legal Publishing Group features authoritative litigation digests, case law books, and teleconferences in a range of practice specialties, including class action, health, local government, environmental, financing, real property, and premises and security liability.
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UPCOMING LEGAL TELECONFERENCES
New Class Action Settlement Strategies
Class action settlement amounts reached record levels over the past two years. Securities class action settlements in 2007 reached a median of $9 million with a total of $7 billion, exceeding all prior years except 2006.
Listen and participate from your telephone as our panel of class action attorneys — both plaintiff and defense — examines recent class action settlement trends, the impact of CAFA on settlement practices, and offers strategies for obtaining fair and reasonable class action settlements.
October 7, 2008
1:00–2:30pm Eastern
Not-For-Profit Hospital Status Under Tight IRS Scrutiny
Not-for-profit hospitals (NFPs) have been operating under heightened scrutiny for the past several years amid allegations of unfair billing and collection practices, failure to provide charity care, and participation in for-profit schemes.
Listen and participate from your telephone as our authoritative panel discusses how hospitals can protect their tax-exempt status amid increased IRS and state scrutiny.
October 7, 2008
1:00–2:30pm Eastern
Climate Change Regulations: Strategies for Reducing Corporate Risks and Liabilities
On July 31, California, Connecticut, New Jersey, Oregon, Pennsylvania and New York City joined with environmental groups to file a notice of intent to sue the EPA in an effort to force the agency to establish standards to reduce GHGs from ships, aircraft and off-road vehicles in this country.
Listen and participate from your telephone as our authoritative panel of environmental attorneys reviews the current state of the law and regulation affecting climate change issues for U.S. companies. The panel will discuss strategies that businesses should consider implementing now to reduce the risks and liabilities related to GHGs.
October 8, 2008
1:00–2:30pm Eastern
Wage and Hour Collective and Class Claims
Employment lawsuits, particularly class and collective actions, have exploded in the last few years exposing employers to expensive and time consuming litigation.
Listen and participate from your telephone as our panel of employment law attorneys — both plaintiff and defense — provides effective strategies for pursuing and defending against FLSA claims and best practices for reaching settlements.
October 8, 2008
1:00–2:30pm Eastern
Avoiding Antitrust Violations in Competitor Collaborations
As competing businesses seek joint ventures and other collaborations as an alternative to mergers or acquisitions, the risk of antitrust violations increases. Competitors who collaborate must avoid clashing with antitrust laws — and drawing DOJ and FTC scrutiny.
Listen and participate from your telephone as our authoritative panel of antitrust law specialists addresses the circumstances under which competitor collaborations trigger antitrust investigations and examines best practices for planning and operating ventures with competitors.
October 14, 2008
1:00–2:30pm Eastern
Material Adverse Change Clauses in Commercial Real Estate Loans
The subprime lending crisis has pushed lenders in the commercial mortgage-backed securities (CMBS) market to attempt to renegotiate or cancel risky commercial mortgage loans with investors, and material adverse change (MAC) clauses have become a common strategy to abandon lending commitments.
Listen and participate from your telephone as our panel of attorneys discusses current trends surrounding MAC clauses in CMBS loans and best practices for securing favorable loan terms through sound MAC clauses.
October 14, 2008
1:00–2:30pm Eastern
D&O Fiduciary Duties When a Company Faces Insolvency
In May, the U.S. Bankruptcy Court for the District of Delaware declined to dismiss a complaint against corporate officers and directors alleging they breached their fiduciary duties by approving the sale of their company’s assets immediately before filing for chapter 11 bankruptcy protection.
Listen and participate from your telephone as our panel of attorneys reviews the Delaware opinion and its implications, explains the fiduciary duties of directors and officers when a company is facing insolvency, and offers best practices to avoid and defend against breach of fiduciary duty lawsuits.
October 15, 2008
1:00–2:30pm Eastern
Over the past few years, policyholders have been filing bad faith claims at an increasing rate. These claims, if proven, can lead to significant damages awards against insurers. However, many courts are viewing bad faith claims with skepticism.
Listen and participate from your telephone as our panel of insurance law specialists examines bad faith claims from the perspective of both the policyholder and the insurer. The panel will discuss best practices and strategies for each side in litigation that includes allegations of bad faith by the insurer.
October 16, 2008
1:00–2:30pm Eastern
Credit Default Swaps Under Fire
On September 23, the SEC asked Congress to immediately pass laws regulating credit default swap derivatives amid concerns that the instruments are driving the financial crisis. Many link problems in the credit default swaps market with the Lehman Brothers and American International Group crises.
Listen and participate from your telephone as our panel of financial services attorneys reviews the impact of credit default swaps on the global financial crisis, describes current SEC enforcement efforts, examines the legal risks related to credit default swaps and offers their strategies to minimize those risks.
October 21, 2008
1:00–2:30pm Eastern
E-Discovery and Computer Forensics: Selecting and Managing Experts
The amended Federal Rules of Civil Procedure imposed new disclosure requirements on all sources of electronically stored information (ESI), and litigators are quickly adapting to the rapidly developing e-discovery environment.
Listen and participate from your telephone as our panel of litigators provides best practices for selecting and working effectively with e-discovery and computer forensics experts and strategies for admitting ESI into evidence.
October 21, 2008
1:00–2:30pm Eastern
409A Mandates for Employee Severance Agreements
The final regulations to IRS Section 409A, effective Jan. 1, 2009, impose sweeping changes on severance pay plans and severance agreements. A company's failure to comply can result in severe IRS penalties, including income tax assessments, interest and a 20% additional tax.
Listen and participate from your telephone as our panel of employee benefits attorneys explains the impact of 409A on severance pay plans and severance agreements. The panel members will discuss steps companies should take immediately in designing, drafting, and administering severance plans and agreements to ensure compliance.
October 22, 2008
1:00–2:30pm Eastern
Credit Bids in Section 363 Bankruptcy Sales
Section 363 bankruptcy sales are increasingly common, allowing for the expeditious sale of a distressed company's assets "free and clear" of existing junior liens through a credit bid process. However, various courts’ treatment of secured creditors in the sales proceeding has differed greatly.
Listen and participate from your telephone as our panel of bankruptcy attorneys reviews the Clear Channel opinion and its implications for buyers and secured creditors involved in section 363 sales.
October 23, 2008
1:00–2:30pm Eastern
Section 337 Actions Before the ITC: Latest Forum of Choice for Efficient Resolution
The International Trade Commission (ITC) is becoming a preferred forum for litigating intellectual property disputes because it allows IP owners to take advantage of often-overlooked trade laws to protect their valuable rights.
Listen and participate from your telephone as our authoritative panel reviews the ITC and its authority — and how to strategically manage a Section 337 action before, during and after litigation.
October 23, 2008
1:00–2:30pm Eastern
Advising Financial Institutions in an Era of Heightened Regulatory Scrutiny
Due to the subprime market collapse, all financial institutions face serious new risks. Over a year after that collapse, the government has taken control of Fannie Mae and Freddie Mac. On one terrible Monday, Sept. 15, Lehman Brothers announced its bankruptcy, Merrill Lynch sold its assets to Bank of America, and AIG announced it was restructuring and seeking emergency Federal Reserve help.
Listen and participate from your telephone as our panel of banking law attorneys reviews the current enforcement environment and offers best practices for banks and other financial institutions as they navigate through this highly volatile period.
October 28, 2008
1:00–2:30pm Eastern
Metadata: Avoiding Ethical and Malpractice Exposure
Metadata is the hidden information or properties automatically embedded in most word processing and spreadsheet files.
Listen and participate from your telephone as our authoritative panel offers clear and specific guidance on how you, your firm, or your company can act immediately to understand, control and manage metadata — and avoid related malpractice exposure and ethics violations.
October 28, 2008
1:00–2:30pm Eastern
Distressed M&A: Buying and Selling Businesses Facing Financial Trouble
As the volatility in the credit markets and economic downturn forces more companies into financial crisis, savvy buyers are identifying new opportunities to purchase businesses at bargain prices while troubled companies are seeking ways to ease the pain of looming failure.
Listen and participate from your telephone as our panel of attorneys — both M&A and insolvency — discusses new opportunities in distressed M&A and offers best practices for buyers and troubled businesses for structuring the deal.
October 29, 2008
1:00–2:30pm Eastern
Religious Discrimination in the Workplace: Avoiding and Defending Claims
Employee claims of religious discrimination have more than doubled in the past 15 years. In response to the dramatic increase, the Equal Employment Opportunity Commission (EEOC) issued guidance in July to help employers comply with Title VII’s provisions prohibiting religious discrimination.
Listen and participate from your telephone as our panel of employment law attorneys — including an EEOC attorney — reviews current litigation trends and the key provisions of the new EEOC guidance and offers best practices for employers to avoid and defend against religious discrimination claims.
October 29, 2008
1:00–2:30pm Eastern
Foreign Corrupt Practices Act in China
U.S. companies are increasingly conducting business in and with China. This rapid growth leaves companies and their employees vulnerable to violations of the Foreign Corrupt Practices Act (FCPA).
Listen and participate from your telephone as our authoritative panel discusses the risks of FCPA violations in China, the interplay between the FCPA and local Chinese anti-bribery laws, and best practices for mitigating the risk of FCPA violations.
October 30, 2008
1:00–2:30pm Eastern
Physician Recruitment After Stark Phase III
The recent Stark Phase III regulations significantly expand and clarify the physician recruitment exception to the Stark Law.
Listen and participate from your telephone as our panel of healthcare attorneys examines the impact of the Stark Phase III regulations on physician recruitment, and the challenges inherent in physician recruitment. The panel will also offer best practices for minimizing risks and facilitating physician recruitment within the boundaries of complex legal restrictions.
October 30, 2008
1:00–2:30pm Eastern
EEOC Investigations: Effective Employer Strategies
EEOC filings continue to soar, with almost 83,000 claims filed in 2007. Early this year, the EEOC announced a record $2.5 million settlement of a racial discrimination and retaliation claim it negotiated on behalf of a former Lockheed Martin employee.
Listen and participate from your telephone as our authoritative panel explains how the EEOC approaches and carries out its investigations. The panel will provide best practices for responding to a request for a position statement, developing discovery geared towards a positive outcome, and managing claims to avoid expensive litigation.
November 5, 2008
1:00–2:30pm Eastern
Law Firm Internal Investigations and the Attorney–Client Privilege
Law firms, like any other business in this country, face lawsuits and claims of wrongdoing by clients, as well as by employees and others on a regular basis.
Listen and participate from your telephone as our authoritative panel of legal specialists examines the attorney–client privilege in the context of law firm internal investigations, potential conflicts of interest, and attorney ethical issues that may arise.
November 5, 2008
1:00–2:30pm Eastern
Open Source Licenses After Jacobsen v. Katzer
The U.S. Court of Appeals for the Federal Circuit settled the question of the enforceability of open source licensing with its ruling in Jacobsen in August. The decision expands the scope of liabilities for users who fail to adhere to an open source license condition requiring attribution.
Listen and participate from your telephone as our authoritative panel of IP attorneys examines the Federal Circuit’s ruling in Jacobsen, its impact on licensing, and best practices for open source licensing going forward.
November 5, 2008
1:00–2:30pm Eastern
Allocating Antitrust Risk in Mergers and Acquisitions
As the economy continues to decline, companies and their counsel who are involved in mergers and acquisitions seek ways to apportion antitrust risks, such as divestitures, injunction, and employee defection.
Listen and participate from your telephone as our authoritative panel of antitrust attorneys examines risk-shifting devices, their application in strategic deals, and best practices to allocate risk using risk-shifting devices.
November 6, 2008
1:00–2:30pm Eastern
Allocation of Loss in Insurance Litigation
Business losses often arise in the context of many locations and parties who are insured, uninsured or self-insured and involve multiple policies with differing coverage provisions, liability limits and time periods covered.
Listen and participate from your telephone as our panel of insurance law attorneys examines allocation of loss in business insurance coverage, including allocation methodologies, court treatment, and effective scope-of-coverage strategies for policyholders and insurers.
November 6, 2008
1:00–2:30pm Eastern
Commercial Real Estate Loan Workouts
In the current credit market crisis, owners and developers of financially troubled real estate projects must keep properties and developments afloat despite waning cash flows and weakened property values. Lenders are facing late payments and seeking new ways to recover on real estate loans.
Listen and participate from your telephone as our panel of real estate finance attorneys explains the benefits and limitations of workout agreements. The panel will provide their experienced guidance and offer best practices for negotiating workout agreements for owners, developers and lenders.
November 6, 2008
1:00–2:30pm Eastern
Attorney–Client Privilege at Risk in Tax Controversy and Transactions
Many courts rule attorney–client privilege applies when attorneys provide tax advice to clients. Congressional support is demonstrated by Internal Revenue Service Code Section 7525. However, there is considerable confusion regarding when and the extent to which the privilege applies.
Listen and participate from your telephone as our authoritative panel of tax attorneys examines the attorney–client privilege and its exceptions. The panel will offer their best practices for preserving the privilege and maintaining the confidentiality in providing tax advice.
November 11, 2008
1:00–2:30pm Eastern
Noncompete Agreements Under Fire
Employers commonly use noncompete agreements to protect confidential business information and goodwill from being misused or misappropriated by departing employees. However, courts are increasingly scrutinizing and, in some instances, refusing to enforce the agreements.
Listen and participate from your telephone as our panel of employment law attorneys offers their insights and best practices for crafting clear, legal and enforceable non-compete agreements in light of recent state court decisions.
November 11, 2008
1:00–2:30pm Eastern
Relevancy Quick Peek Agreements in E-Discovery
The exponential growth of information subject to discovery and the escalating costs of e-discovery are staggering. Counsel must find new and creative ways to minimize cost while not placing confidential information in jeopardy.
Listen and participate from your telephone as our authoritative panel of litigation attorneys examines what the Federal Rules say on relevancy quick peek agreements, the implications of search terms and technology, security considerations, and best practices for drafting and using first look agreements to contain costs.
November 12, 2008
1:00–2:30pm Eastern
ADA Amendments Act of 2008: New Litigation Threat
The ADA Amendments Act of 2008, effective Jan. 1, 2009, creates new challenges for employers defending discrimination claims by broadening the definition of “disability.” The Amendments specifically reject prior U.S. Supreme Court decisions limiting the conditions that qualify as disabilities.
Listen and participate from your telephone as our panel of employment law attorneys explains the key changes in the ADA Amendments Act of 2008, outlines an employer’s legal obligations when an employee requests an accommodation and offers strategies for avoiding and defending against disability claims.
November 13, 2008
1:00–2:30pm Eastern
Carbon Emission Credit Trading: Emerging Legal Complexities
Global climate change and reduction of greenhouse gases (GHG) are top of mind issues for businesses across the U.S. and throughout the world.
Listen and participate from your telephone as our panel of environmental law attorneys examines the legal environment surrounding GHG reduction efforts, the complexities and advantages of emissions trading, and best practices to reduce such emissions and take advantage of the available business opportunities.
November 18, 2008
1:00–2:30pm Eastern
Avoiding Ethics Violations and Malpractice Liability in Class Action Litigation
Class action litigation presents unique ethical challenges and malpractice vulnerabilities due to increased potential for conflicts of interest, rules regarding no contact, solicitation issues and attorneys’ fees. However, the Model Rules do not specifically address how to resolve these dilemmas.
Listen and participate from your telephone as our panel of class action attorneys discusses best practices for dealing with the ethical hurdles and malpractice threats inherent when there are large classes of plaintiffs in a single lawsuit.
November 19, 2008
1:00–2:30pm Eastern
Online Social Networking: Legal Risks for Businesses
Online social network sites, such as Facebook®, MySpace®, LinkedIn® and SecondLife® and online forums such as listservs, chat rooms and blogs, all provide an outlet for a dynamic, unfettered exchange of ideas among the individual and businesses.
Listen and participate from your telephone as our panel of employment, IP and privacy law specialists examines the legal risks of using social network sites and online forums. The panel will offer their guidance for businesses to understand and utilize these new communication methods while protecting their interests and avoiding liability.
November 19, 2008
1:00–2:30pm Eastern
Hospital–Physician Joint Ventures Under Heightened Government Scrutiny
Recent legislative and regulatory activity, increased government enforcement, and a deteriorating economic environment have created uncertainty among providers and hospitals about the continued viability of hospital–physician joint ventures.
Listen and participate from your telephone as our panel of healthcare attorneys reviews the current regulatory and enforcement activities affecting hospital–physician joint ventures and offers best practices for creating, restructuring or unwinding joint ventures in light of the changing regulatory and enforcement environment.
November 20, 2008
1:00–2:30pm Eastern
New Single-Firm Conduct Enforcement Guidance Under Sherman Act Section 2
The U.S. Department of Justice, Antitrust Division issued its year-long study on single-firm conduct under Section 2 of the Sherman Act in September. The 213-page report provides the DOJ's guidance to companies and counsel on the types of conduct that may violate antitrust law.
Listen and participate from your telephone as our panel of antitrust attorneys examines the DOJ's new guidance, provides their perspective on the FTC's refusal to endorse the report, and offers their best practices for companies to avoid violations.
November 25, 2008
1:00–2:30pm Eastern
Exempt or Non-Exempt? FLSA and State Law Employment Classification Lawsuits on the Rise
Collective claims challenging the classification of employees as exempt from overtime pay under FLSA increased by 77% in recent years. Some have resulted in multimillion-dollar verdicts. State lawsuits are also on the rise, as state laws are often even more employee-friendly.
Listen and participate from your telephone as our panel of employment law attorneys examines the types of positions most at risk for misclassification, best practices for self audits, and strategies for employers to correct classification errors and limit liability exposure.
December 2, 2008
1:00–2:30pm Eastern
Ethical Risks of Offshore Outsourcing of Legal Services
Law firms and corporations routinely outsource legal work overseas, although concerns about confidentiality and conflicts of interest abound. Major law firms use Indian lawyers for routine tasks, and Fortune 500 corporations have established in-house law departments in India.
Listen and participate from your telephone as our panel of attorneys reviews the new ABA opinion and its implications and offers best practices to avoid malpractice liability and ethics violations while engaged in legal outsourcing.
December 3, 2008
1:00–2:30pm Eastern
OFAC's New Economic Sanctions Enforcement Guidelines
The Office of Foreign Asset Control (OFAC) issued an interim rule on economic sanctions enforcement in September that was made immediately effective. While OFAC enforcement penalties are increasing, OFAC still offers strong incentives for self-disclosure of potential violations.
Listen and participate from your telephone as our authoritative panel examines OFAC’s new economic sanctions enforcement guidelines and offers their insights into best practices for companies and their counsel to ensure compliance under the new regulations.
December 3, 2008
1:00–2:30pm Eastern
The weakening economy is causing franchises, from restaurants to convenience stores to staffing services, to seek bankruptcy protection. Franchisors and franchisees are both facing insolvency.
Listen and participate from your telephone as our panel of bankruptcy attorneys reviews key legal issues that arise during a franchisor or franchisee bankruptcy. The panel will offer best practices for parties to a franchise agreement to protect their respective interests and maximize their recovery under the Bankruptcy Code.
December 4, 2008
1:00–2:30pm Eastern
Pleading, Defending and Settling Class Actions: Emerging Trends
Since the enactment of the Class Action Fairness Act, plaintiffs’ attorneys have developed innovative ways to plead multi-state class action cases to increase the likelihood of certification and global resolution in federal court.
Listen and participate from your telephone as our panel of class action plaintiff and defense counsel examines emerging pleading themes in multi-state class actions after CAFA, strategies for defending against these new claims, and methods for reaching fair settlements that comply with due process.
December 9, 2008
1:00–2:30pm Eastern
Telemedicine: Current Trends and Emerging Legal Risks
The past few years have witnessed an increase in hospitals and providers’ adoption of telemedicine programs. However, the laws governing telemedicine are developing slowly. Although states vary widely in how they regulate telemedicine, the legal risks of telemedicine are universal.
Listen and participate from your telephone as our panel of healthcare attorneys identifies the major legal risks and potential liabilities associated with telemedicine programs and offers their experiences and best practices to avoid litigation and penalties.
December 9, 2008
1:00–2:30pm Eastern
PREVIOUS LEGAL TELECONFERENCES AVAILABLE ON CD
Trademark Protection and Internet Marketing
The online world presents unique IP protection challenges. Keyword-triggered advertising methods present fast-evolving and high-risk legal threats to your IP.
Listen and participate from your telephone as our authoritative panel of IP attorneys outlines their strategies for policing and preventing infringement on your marks in a variety of new Internet advertising methods — and identifies the potential risks associated with your own Internet advertising.
Ethical Risks of Online Communications by Law Firms
Websites, the Internet and email are the preferred communication and marketing tools for attorneys and law firms, and blogs are emerging as a way for attorneys to exchange ideas. On-line networking is also increasingly favored by attorneys seeking new business.
Listen and participate from your telephone as our panel of ethics attorneys discusses how various courts and state bar associations are dealing with attorney websites, blogs and social networking sites. The panelists will provide their insights into the regulatory future and ethical guidelines for client and prospective client communications via websites and blogs.
Contested Insurance Coverage: Defense Under Reservation of Rights
Under most liability insurance policies, insurers have the duty to defend the policyholders from lawsuits seeking damages within the scope of coverage. However, situations often arise where the insurer and insured don't agree on the extent and applicability of coverage under the policy.
Listen and participate from your telephone as our panel of experienced insurance attorneys examines the competing interests of the insurer and the policyholder where the duty to defend is under dispute, how different state laws and courts treat the issue, and how both the insurer and the policyholder can work toward a resolution.
401(k) Fiduciary Practices Under Attack
Over 100 lawsuits filed in recent years have alleged questionable business practices concerning 401(k) plans. Allegations have focused on excessive plan fees, inadequate disclosure of financial arrangements, plan mismanagement, and most recently, improper sales practices.
Listen and participate from your telephone as our panel of employee benefits attorneys reviews current litigation trends concerning 401(k) plans, the effectiveness of the 404(c) safe harbor and other defenses to defeat claims, and best practices for fiduciaries to avoid and reduce ERISA litigation.
Antitrust Risks in Patent Pools and SSOs
Patent owners work together to facilitate interoperability of products through standard setting organizations (SSO) and patent pools.
Listen and participate from your telephone as our authoritative panel of antitrust attorneys examines SSOs and patent pools, the current state of the law as it relates to them, the antitrust pitfalls and strategies for structuring them to avoid antitrust violations.
Commercial Tenant Bankruptcy: Legal Strategies for Landlords and Tenants
As the economy pushes more businesses into financial trouble, commercial landlords are facing past-due rent payments and vacating tenants in record numbers. Landlords are seeking ways to protect their financial interests, while tenants turn to bankruptcy protection to safeguard their assets.
Listen and participate from your telephone as our panel of real estate and bankruptcy attorneys highlights key legal issues that arise when a tenant files for bankruptcy. The program will also offer best practices for commercial landlords and tenants to protect their respective interests and maximize their recovery under the Bankruptcy Code.
Attorney–Client Privilege at Risk in Investigations and Audits
Businesses must maintain the confidentiality of corporate information, sometimes even from independent auditors or government investigators seeking sensitive records. Simply handing over information protected by the attorney–client privilege can constitute waiver of the privilege.
Listen and participate from your telephone as our authoritative panel of litigation specialists examines the attorney–client privilege in investigations and audits, including who has the privilege, how it can be waived, and recent changes to the McNulty Memo suggested by the U.S. Deputy AG Mark Filip. The panel will discuss their insights and best practices to preserve the privilege.
Impending Stark Changes: Complying With the 2009 Inpatient Prospective Payment System Final Rule
The Centers for Medicare and Medicaid Services (CMS) released the FY 2009 Inpatient Prospective Payment System (IPPS) Final Rule on July 31, which makes several important changes to the Stark Law regulations on physician self-referral.
Listen and participate from your telephone as our panel of health law attorneys explains the key Stark Law changes addressed in the 2009 IPPS Final Rule and offers best practices for transitioning to the final rules.
Foreign Corrupt Practices Act Voluntary Disclosures
Any American business with operations abroad must actively monitor its operations for violations of the FCPA. Simply having a policy is not enough: "check the box compliance is woefully inadequate," according to a deputy chief of the DOJ's Fraud Section.
Listen and participate from your telephone as our authoritative panel examines the DOJ and SEC approaches, best practices for conducting internal investigations, determining when to voluntarily disclose to the government, and minimizing FCPA violations and penalties.
Rule 23 Certification Standards: Strategies to Obtain or Defeat Class Status
Decisions issued by the First, Second, Fifth and Ninth Circuits in recent months address the standard of review that courts apply to class certification motions. While four of the decisions suggested more rigorous standards for obtaining Rule 23 certification, one required less stringent criteria.
Listen and participate from your telephone as our panel of class action attorneys — both plaintiff and defense — examines the federal circuit courts’ varying standards of review for certification and their impact on future cases as well as strategies for obtaining and defeating class certification.
Sponsorship of Foreign Workers Under Heightened DOL Scrutiny
The U.S. Department of Labor (DOL) has increased its scrutiny of law firms and corporations involved in the sponsoring of foreign workers for permanent residence in recent months, resulting in the unprecedented audit of a firm’s labor certification applications and a software company’s debarment.
Listen and participate from your telephone as our panel of immigration law attorneys offers perspectives on the current enforcement environment, provides practical guidance for complying with current laws in order to protect businesses from penalties and offers best practices for responding to a DOL audit.
E-Discovery Strategies for Rule 45 Subpoenas and Non-Party Production
Rule 45, which addresses the discovery of electronically stored information (ESI) from witnesses and other nonparties through the subpoena process, is among the recent federal discovery rules amendments. State civil procedure rules and local courts are now following suit.
Listen and participate from your telephone as our authoritative panel of experienced litigators examines the changes to Rule 45, issues facing non-parties, and best practices for non-party production.
Financing Public–Private Partnerships for Infrastructure Assets
Private investors are financing airports, roads and bridges in increasing numbers because they are safe, low-risk, revenue-generating investments. Public–private partnership (PPP) financing of infrastructure assets is now a multi-billion-dollar market, demanding highly sophisticated legal guidance.
Listen and participate from your telephone as our panel of project finance attorneys examines the key legal issues that arise in financing PPP deals and provides their insights and best practices for lenders that finance PPP infrastructure projects.
Patent Infringement Claims, Opinions of Counsel and Attorney–Client Privilege
Opinions of counsel were traditionally a first line of defense in the event of willful patent infringement claims. However, asserting that defense puts the attorney advice at issue and could result in waiver of the attorney–client privilege.
Listen and participate from your telephone as our authoritative panel of IP attorneys examines the new standard for patent infringement claims and use of opinions of counsel, waiver of the privilege, and best practices for employing opinions of counsel post-Seagate.
New CMS Policy on Preventable Injuries
Beginning in October, Medicare will no longer pay for preventable hospital injuries. CMS has directed that hospitals not bill patients for these costs. Private insurers WellPoint, BlueCross BlueShield and Aetna are following CMS's lead.
Listen and participate from your telephone as our authoritative panel of health law attorneys and a CMS adviser examines the likely impact of the new CMS policy on hospitals and provides insights into best practices to limit liability exposure and to protect Medicare reimbursements.
Complex Insurance Issues in M&A Due Diligence
Companies that participate on either side of a merger or acquisition must carefully consider insurance coverage issues as part of the due diligence analysis to protect buyer and seller.
Listen and participate from your telephone as our authoritative panel of insurance counsel offers their perspective and best practices on due diligence into potential liabilities and the claims experience, insurance coverage of the merged or acquired company, and the impact of contract indemnification language on insurance.
E-Discovery in Antitrust Lawsuits and FTC/DOJ Investigations
Antitrust investigations and lawsuits brought by the FTC and Department of Justice can trigger unique e-discovery challenges for businesses. Moreover, electronic information, including email, metadata and backup files, can be critical evidence in proving or disproving anti-competitive conduct.
Listen and participate from your telephone as our authoritative panel of antitrust attorneys reviews the new e-discovery rules amendments and how they apply to civil and criminal investigations and the second request process.
Regulating Political Signs and Speech
The swell of campaign activity leading up to the November election has significantly increased inquiries to municipal attorneys regarding the regulation of political signs and literature. Local governments must also cope with public employees campaigning on city or county property.
Listen and participate from your telephone as our panel of land use and First Amendment legal specialists examines the types of restrictions local governments may legally place upon the display of political signs and upon public employees campaigning on municipal property — without violating the federal and state constitutions.
Reductions in Force: Strategies to Minimize Liability in Layoffs
A struggling U.S. economy means that reductions in force (RIFs) are a routine part of business. Employers find RIFs daunting, both in dealing with employee issues and in protecting the company from legal liability.
Listen and participate from your telephone as our panel of employment law attorneys offers best practices for planning and executing a RIF, including crafting enforceable employee releases to avoid or minimize employer liability.
Attorney–Client Privilege in IP Due Diligence
Intellectual property due diligence is critical in many business transactions as the value of IP assets are increasing. Due diligence also presents significant risks for IP owners who are called upon to share confidential and privileged information.
Listen and participate from your telephone as our authoritative panel of IP law specialists provides their experienced perspectives on when, what and how much to disclose during due diligence, protecting confidential information during the process — and if the deal falls through, best practices for protecting the privilege.
Email and Discovery: Lessons from Qualcomm v. Broadcom
Attorneys should be on alert to the recent federal court ruling in Qualcomm Inc. v. Broadcom Corp. The court took Qualcomm and its counsel to task for failing to turn over email evidence. If it can happen to the attorneys in this case, all highly regarded professionals, it can happen to you.
Listen and participate from your telephone as our panel of authoritative litigators examines the practical considerations for proper handling of electronic communications, the consequences of inadequate management, and best practices for email and ESI retention and production.
Vapor Intrusion: Liabilities and Litigation Trends
Federal and state regulators are focusing their attention on vapor intrusion contamination. Property owners and any business found to contribute to groundwater or soil contamination should take heed. Even contaminated sites previously closed by the government are not exempt from renewed scrutiny.
Listen and participate from your telephone as our authoritative panel of environmental attorneys examines the ASTM standard and the liabilities and litigation issues associated with vapor intrusion. The panel will offer its experienced strategies for managing vapor intrusion legal risks.
Promoting Diversity in the Legal Profession
Progress toward diversity in the legal profession has been slow. There are still 44% more men than women in the profession, and only 15% of legal professionals are minorities. Law firms and general counsel at companies are addressing the challenge.
Listen and participate from your telephone as our authoritative panel examines the issue of diversity among legal professionals. The panel will provide its guidance for hiring and retaining diverse attorneys and strategies for firms and corporate legal departments to implement diversity programs.
Building Green — Emerging Legal Issues in Commercial and Residential Construction
Concerns over the effects of climate change have risen dramatically in the past few years. Government and businesses are emphasizing environmentally protective approaches, including building techniques designed to reduce environmental impacts, also called green building.
Listen and participate from your telephone as our panel of real property attorneys and a design professional explains the legal challenges facing builders and developers when building green. The panel will offer their experiences and best practices to manage these emerging legal issues.
S Corporation Tax Developments: Leveraging the Latest Law, Regulation and Guidance Changes
Because diversified U.S. companies often organize subsidiaries and affiliates as S corporations and other pass-through entities as a crucial element of tax planning, tax professionals must stay current on the federal laws, guidance and rulings that influence Form 1120S.
Listen and participate from your telephone as our panel of experienced tax advisors reviews the most meaningful recent developments involving S corporations. The speakers will offer their experiences, perspectives and practical planning strategies for your tax staff.
Antitrust Risks for Trade Association Members
“The members of a trade association, singly and as a group, are sitting on an antitrust powder keg,” according to one former DOJ Antitrust Division chief.
Listen and participate from your telephone as our authoritative panel of antitrust attorneys examines the antitrust pitfalls for associations and their members, and discusses the lessons learned from recent antitrust action against trade associations, and offers guidance to minimize risk of antitrust violations for the association and for the member.
Employee or Independent Contractor? Worker Classification Under Attack
Federal and state governments are increasing their focus on the misclassification of workers as independent contractors, which can cost them substantial tax revenues. During 2007, the U.S. Senate and many states introduced or passed legislation to prevent the illegal classification of workers.
Listen and participate from your telephone as our panel of employment law attorneys examines the current enforcement environment regarding worker classification, how to determine worker classification status, and best practices for employers to limit liability exposure.
The Tripartite Relationship in Insurance: Ethical Dilemmas and Coverage Complexities
One of the primary concerns facing insurance defense counsel is the tripartite relationship between the attorney, the insurance company and the policyholder. The ethical concerns that arise in this relationship are unique and require careful thought and planning.
Listen and participate from your telephone as our authoritative panel of insurance law attorneys examines the conflicts of interest and ethical problems facing the three parties, the coverage implications of the tripartite relationship, how the courts and state bars address the issues, and strategies for navigating the minefield of potential conflicts of interest.
Intellectual Property: The China Threat
The increased focus on doing business in China — and its rapidly evolving regulatory landscape for IP — impacts most U.S. companies. In fact, counterfeit products seized in China accounted for over 80% of all such seizures in 2006.
Listen and participate from your telephone as our authoritative panel of IP and China business law specialists examines the best practices to protect a company’s IP rights before entering into business and proactive steps for transacting business in China in Part 1. In Part 2, our panel will offer an in-depth examination of the strategies for protecting and enforcing IP rights in China.
Part 1: Essential Preemptive Steps to Protect IP Rights
Part 2: Strategies for Policing and Enforcing IP Rights
China's New Business Income Tax
While opportunities for U.S. companies in the China market have never been greater, the tax planning challenges for business are equally substantial.
Listen and participate from your telephone as our panel of experienced tax advisors bottom-lines these and other recent developments affecting tax on doing business in China, helping you prepare to adjust your tax planning and transfer pricing strategies.
Electronic Medical Records: Legal Risks and Liabilities
The Department of Health and Human Services (HHS) is currently promoting a new initiative that would provide higher Medicare payments to physicians as an incentive for using electronic medical records. HHS is encouraging private insurers to offer similar incentives.
Listen and participate from your telephone as our panel of healthcare attorneys identifies the major risks and potential liabilities in managing electronic medical records and offers best practices to avoid litigation and penalties.
Because the global warming debate has given rise to litigation by states, interest groups, and private litigants seeking remedies for past or future injuries allegedly caused or to be caused by global warming, state governments and environmental groups are seeking relief in court. Over the last few years, climate change litigation has mushroomed: over two dozen cases, pursuing different legal theories, are now pending.
Listen and participate from your telephone as our authoritative panel of counsel who advise and defend companies on global warming issues examines the emerging legal trends and theories. The panel will offer their perspectives and best practices on proactive measures companies can take, as well as defending and prosecuting claims, involving GHG emissions.
Ethical Risks of Offshore Outsourcing of Legal Services
Law firms and corporations routinely outsource legal work to India and other foreign countries, although concerns about confidentiality and conflicts of interest abound.
Listen and participate from your telephone as our panel of legal ethics specialists discusses the potential ethical pitfalls of outsourcing and provides their insights and best practices to avoid malpractice liability and ethics violations while engaged in legal outsourcing.
Preserving Attorney–Client Privilege in Class Action Litigation
Class action litigation raises unique issues concerning the attorney–client privilege. The involvement of multiple parties creates issues that do not typically arise during the more general application of the attorney–client privilege.
Listen and participate from your telephone as our panel of class action attorneys examines the application of the attorney–client privilege in class action lawsuits, ethical issues implicated, defenses to the privilege, and best practices for preserving the privilege.
Foreign Asset Control Compliance in Domestic and International Transactions
Due to national security concerns, the federal government is aggressively policing multi-national business relationships. Stringent economic sanctions and export controls aimed at foreign countries, entities and people affect the operations of American companies in unexpected ways.
Listen and participate from your telephone as our panel guides business legal advisors in understanding the government's requirements, in navigating the current enforcement environment, and in developing best practices for ensuring compliance with OFAC regulations.
E-Discovery in Employment Litigation
The federal e-discovery rules amendments require businesses to implement procedures for the retention, destruction, and management of confidential information, including employee records. Several cases over the past year have illustrated the costly dangers of failing to comply.
Listen and participate from your telephone as our authoritative panel of employment litigators and e-discovery specialists reviews the rules amendments and how they impact the preservation and production of sensitive employment information. The panel will offer their experiences and perspectives on best practices for e-discovery compliance.
The recent Federal Rules amendments codified the litigation holds, the requirement to preserve electronic evidence pending litigation. However, there is little guidance for attorneys on how to comply with the duty — and thereby avoid penalties and sanctions.
The compliance challenges are far-reaching, impacting strategic, technological and human resources company wide. Listen and participate from your telephone as our panel of litigation specialists offers their experienced and practical strategies to understand the breadth and depth of the duty to preserve electronic evidence — and importantly, how to streamline your efforts to save time and money while meeting the obligation.
Fairness Opinions Under Heightened Scrutiny
Fairness opinions issued by investment banks in M&A transactions now face increased judicial and regulatory scrutiny. In February, the Seventh Circuit addressed the potential liability for investment banks issuing fairness opinions in what many call the most instructive court decision in years.
Listen and participate from your telephone as our panel of attorneys — including an M&A transactional attorney, counsel for an investment bank, and an M&A litigator — reviews the recent case law and regulatory activity regarding fairness opinions and offers best practices for issuers and recipients of fairness opinions and related engagement letters.
Attorney–Client Privilege in Jeopardy in Insurance Litigation
Court decisions that allowed the discovery of attorney–client communications in certain insurance lawsuits have shaken the sanctity of the privilege.
Listen and participate from your telephone as our authoritative panel of insurance law specialists examines the attorney–client privilege in insurance litigation, the role of the attorney working for insurers, and strategies to maintain and protect the privilege.
Real Estate Investment in Dubai: An Uncharted Legal Landscape
The real estate market in Dubai is booming beyond belief, with some investors receiving 30% returns on their investments each year. Recent Dubai regulatory reforms allow foreign investment though investments are subject to multiple, complex and ambiguous laws and regulations and licensing restrictions.
Listen and participate from your telephone as our panel of attorneys explains the current cultural and regulatory environment for real estate investment in Dubai, the legal risks of investing in Dubai real estate, and best practices for mitigating those risks.
Corporate Internal Investigations
After recent corporate scandals and with the memory of Enron still strong, companies must maintain procedures to ensure strict compliance with state and federal laws. To reinforce that effort, attorneys that advise companies must master the intricacies of conducting internal investigations.
Listen and participate from your telephone as our authoritative panel of attorneys provides effective strategies for preparing for and implementing internal investigations to protect the full spectrum of corporate interests.
Electronic Document Review: Strategies for Reducing Costs and Streamlining E-Discovery
The volume of electronically stored information (ESI) has grown exponentially over the past several years as almost all data is stored electronically. Because all industries rely on electronic records and communications, the collection, preservation and destruction of ESI require careful planning.
Listen and participate from your telephone as our authoritative panel of experienced litigation attorneys offers their perspectives and guidance on electronic document review, including controlling costs and planning for production, search and retrieval of electronic documents.
Physician–Vendor Relationships Under Heightened Government Scrutiny
As federal and state regulators focus their efforts on stamping out healthcare fraud, they are investigating relationships between physicians and their vendors for potential False Claims and Anti-Kickback law violations at an increasing rate.
Listen and participate from your telephone as our panel of healthcare law attorneys describes the potential legal pitfalls of common physician–vendor arrangements and best practices for staying in compliance with the law.
Foreign Corrupt Practices Act in Russia
Doing business in Russia means cutting through a lot of red tape. That red tape has paved the way for extensive bribery and corruption in Russia, thereby making it an FCPA minefield for U.S. businesses.
Listen and participate from your telephone as our authoritative panel of attorneys with FCPA and Russian experience discusses the risks of doing business in Russia that may trigger FCPA violations, working with Russian governmental agencies, and best practices for mitigating the risk of FCPA violations.
Quanta Computer v. LG Electronics
On June 9, in Quanta Computer Inc. v. LG Electronics Inc., the U.S. Supreme Court once again reversed the Federal Circuit on an issue involving patent owners' rights, continuing the Court's recent inclination toward limiting the scope of patent rights.
Listen and participate from your telephone as our authoritative panel of IP attorneys provides an overview and analysis of the Court's decision from both the patent owner and licensor's perspective, including the likely impact of Quanta on future IP licensing arrangements. The panel will provide their perspectives on how IP owners and licensors can protect their rights through patent, as well as contract, law.
Environmental Marketing: Legal Risks of Claiming to be Green
With a worldwide focus on environmental protection, companies are marketing their goods and services in ways that tout their environmental consciousness. As a result, there has been an increase in "greenwashing" claims that such marketing is false or misleading.
Listen and participate from your telephone as our panel of environmental and advertising legal specialists examines the legal issues triggered by environmental-based marketing and the key areas of liability. The panel will discuss their insights into best practices to meet the regulatory standards and to avoid greenwashing claims.
Exempt or Non-Exempt? FLSA and State Law Employment Classification Lawsuits on the Rise
Collective claims challenging the classification of employees as exempt from overtime pay under the Fair Labor Standards Act increased by 77% in recent years and have resulted in some multimillion-dollar verdicts. State lawsuits are also on the rise, as state laws are often more employee-friendly.
Listen and participate from your telephone as our panel of employment law attorneys examines the types of positions most at risk for misclassification, best practices for self audits, and strategies for employers to correct classification errors and limit liability exposure.
Auction-Rate Securities Under Attack
Investors in auction-rate securities are increasingly filing lawsuits and pursuing arbitration against broker–dealer companies that sold them the products, alleging the companies deceived them into believing that auction-rate securities were liquid investments that could be quickly sold.
Listen and participate from your telephone as our panel of attorneys — representing both investors and broker–dealers — reviews the status of government enforcement efforts and the pending lawsuits and offers counsel best practices for prevailing in claims.
Crafting Environmental Warranties in a Carbon Conscious World
Global climate change and the reduction of greenhouse gases (GHG) are top of mind issues for businesses throughout the world. While the U.S. is just beginning its efforts for a GHG emissions control system, the rest of the world operates subject to varying degrees of carbon controls.
Listen and participate from your telephone as our authoritative panel of environmental law experts discusses the applicable regulatory regimes, examines and offers practice advice on questions and issues when businesses are (1) buying and selling carbon credits and (2) planning an environmental due diligence exercise, both in assets and share acquisitions, and offers practical tips for successful cross-border negotiations.
D&O Insurance: Responding to Increased Board Accountability
Ever since Enron and Worldcom and more recent corporate scandals, including the subprime credit crisis, options backdating investigations and global climate change, the current corporate environment is not one in which directors and officers can feel safe.
Listen and participate from your telephone as our panel of insurance and corporate law specialists examines the key risk factors for directors and officers, current trends in D&O claims and litigation, and strategies to protect directors and officers through insurance coverage.
User-Generated Content — The Emerging Legal Threat
Many companies are featuring user or consumer generated content in marketing campaigns to build product and brand awareness at a fraction of the cost of traditional marketing. Such content includes customer contributions like reviews, testimonials and even videos demonstrating the use of a product.
Listen and participate from your telephone as our authoritative panel of IP and advertising law specialists examines the new legal challenges of consumer-generated content and discusses the steps that companies can take to protect themselves from liability related to such content.
The New Antitrust Law in China
China’s first anti-monopoly law takes effect August 1, placing new requirements on foreign acquisition of Chinese companies. China will require national security review of any foreign mergers that include acquisition of domestic companies and other foreign capital investment in domestic companies.
Listen and participate from your telephone as our panel of antitrust attorneys provides the basic background of China’s civil law system, examines China’s new anti-monopoly law and its impact and implications for businesses. The panel will offer their guidance and best practices for companies and counsel to plan for and move forward under the new law.
New Document Retention Strategies Under the E-Discovery Rules
Adapting to the amended Federal Rules has not been smooth sailing, as there have been over 40 sanction cases and millions of dollars in fines in the past few years. Having a strong document retention program is the first step to minimizing the costs — and risks — of complying with the rules.
Listen and participate from your telephone as our panel of authoritative attorneys offers practical strategies to reduce risk associated with information management, including strategies for collecting, retaining, destroying and preserving documents. The panel will provide their perspectives on the impact of the e-discovery rules and recent court decisions to determine best practices for document retention.
Employee Severance and Release Agreements: The Courts’ Latest Rulings
As the economy continues to weaken, layoffs of corporate executives and managers are on the rise. Employers, seeking to protect themselves from future lawsuits, generally offer severance agreements to departing employees in exchange for a release and agreement not to sue the corporation.
Listen and participate from your telephone as our authoritative panel examines the potential legal landmines in severance agreements, current case law on employee releases and ERISA and 409A issues related to severance. The panel will discuss best practices for negotiating severance agreements that protect the employer from future claims — and anticipate the impact of 409A rules.
Clinical Trials: Emerging Legal Threats
In the wake of major recalls of new medications and medical devices that allegedly harmed patients and a 2007 Inspector General Report that the FDA had failed to provide adequate oversight of clinical trials, various government agencies are taking a hard look at clinical trials.
Listen and participate from your telephone as our panel of healthcare attorneys examines the legal implications of conducting clinical research trials and best practices for hospitals and physicians to avoid mistakes that can create liability exposure.
Real Estate Investment in India
As India’s population soars past one billion and the demand for residential and commercial space increases, U.S. investors are seeking real estate investment opportunities there. Though India encourages foreign direct investment (FDI) in its real estate, it imposes certain mandates and restrictions.
Listen and participate from your telephone as our panel of attorneys with India real estate investment experience offer their insights and guidance into the unique cultural, legal, tax and business issues of this emerging and rapidly developing area of opportunity.
New U.S.–Canada Cross Border Corporate Tax Challenges
Canada is the U.S.' largest trading partner, so tax professionals and counsel at U.S. companies must actively monitor and understand changes in tax law and policy on both sides of the border.
Listen and participate from your telephone as our panel of experienced tax counsel and CPAs provides their analysis of and insights on the most recent, relevant developments in corporate tax on both sides of the U.S.–Canada border.
Negotiating Material Adverse Change Clauses
The credit market crisis has pushed buyers and lenders in purchase and merger agreements to seek ways to escape deals without penalty. Material adverse change (MAC) clauses, which permit the cancellation of a deal under certain circumstances, have become a common though contentious, exit strategy.
Listen and participate from your telephone as our panel of attorneys discusses current trends surrounding MAC clauses and best practices for securing forward-thinking deal terms through sound MAC clauses.
New Basel II Bank Regulation Accord in the U.S.
Major U.S. banks are preparing now to implement Basel II, which is designed to improve financial institutions’ overall risk management practices. Core banks must have an implementation plan in place by October 1 and must begin their transition within the following 36 months.
Listen and participate from your telephone as our panel of banking and finance attorneys explains the key features of Basel II, the issues and opportunities it presents, and transition strategies.
The new e-discovery rules emphasize cooperation between parties and effectively force litigating attorneys to define the bounds of their discovery process. While the rules address many of the unique challenges of electronic documents, they also create some ethical gray areas.
Listen and participate from your telephone as our panel of attorneys examines the legal ethics issues that commonly arise during the e-discovery process and strategies for dealing with them.
Employer Liability for Undocumented Workers
Federal and state governments continue to aggressively pursue companies that employ illegal immigrants. On March 27, the DOJ and Department of Homeland Security enacted a new rule increasing civil fines for hiring undocumented workers by 25%.
Listen and participate from your telephone as our panel of employment law attorneys offers perspectives on the current enforcement environment, discusses the current status of the “no-match letter” regulation, and provides practical guidance for complying with current laws in order to protect businesses from penalties, prosecution and lawsuits.
The Department of Justice has increased its enforcement of the FCPA in recent years, calling it one of its top priorities for investigations and prosecutions. The SEC scrutinizes U.S. companies' dealings with overseas officials and is sharpening its enforcement efforts as well.
Listen and participate from your telephone as our panel provides an overview of FCPA obligations and examines FCPA requirements in Part 1. In Part 2, the panel will provide insights into establishing policies and programs to ensure compliance either to reduce the risk of litigation or to mitigate damages.
Part 1: FCPA Overview — Insights into Heightened SEC, DOJ Enforcement
Part 2: Strategies for Avoiding Charges, Penalties, and Litigation
Law Firm Internal Investigations and the Attorney–Client Privilege
Law firms, like any other business in this country, face lawsuits and claims of malpractice or other wrongdoing by clients, as well as claims by employees and others on a regular basis.
Listen and participate from your telephone as our panel of legal specialists examines the attorney–client privilege in the context of law firm internal investigations, including protections available to the firm and challenges that an aggrieved client is likely to raise in order to discover the results of the firm’s investigation. The panel will also discuss legal ethics issues the firm must consider and best practices for maintaining privileges.
Preserving Attorney–Client Privilege in Patent Proceedings
Patent proceedings raise unique issues concerning the attorney–client privilege. The use of U.S. and foreign patent agents, as well as the technical information involved in patents, bring up issues that are not typically seen in the more general application of the attorney–client privilege.
Listen and participate from your telephone as our panel of IP specialists examines the application of the attorney–client privilege to patent attorneys, U.S. and foreign agents, and specific documents, defenses and exceptions to privilege, and best practices for preserving the privilege.
Recent years have seen more intense scrutiny of insurers' conduct. Policyholders are filing bad faith claims at an increasing rate — claims that, if proven, can lead to significant damages awards against insurers. However, many courts are viewing bad faith claims with increased skepticism.
Listen and participate from your telephone as our panel of insurance law specialists examines bad faith claims from the perspective of both the policyholder and the insurer and the issues each side faces. The panel will discuss best practices and strategies for each side in litigation that includes allegations of bad faith by the insurer.
Bundled Discounts: Emerging Antitrust Challenges
In Cascade Health Solutions v. PeaceHealth, the Ninth Circuit adopted a new standard for bundled discounts and established a split between it and Third Circuit (LePage v. 3M) in analyzing bundled discounts. This leaves the treatment of bundled discounts unclear.
Listen and participate from your telephone as our panel of antitrust specialists examines the Ninth Circuit’s ruling, reviews the Third Circuit’s LePage decision, the AMC’s recommendations for bundled discounts, and implications of the PeaceHealth decision and discusses best practices for steering clear of antitrust violations.
Negotiating Intercreditor Agreements as Bankruptcy Filings Soar
Growth of the second lien financing market has exploded in recent years. Add to that the current wave of major bankruptcies and questions and confusion are developing with regard to the enforceability of intercreditor agreements between first lien and second lien lenders.
Listen and participate from your telephone as our panel of attorneys discusses the current gray areas surrounding the enforceability of intercreditor agreements in bankruptcy proceedings and offers best practices for negotiating an enforceable agreement.
Collective Trusts in Retirement Plans Under Increased ERISA Scrutiny
Between 2003 and 2006, demand for collective investment trusts in retirement savings plans grew from 32% to 41%. Along with this growth, several lawsuits against ERISA fiduciaries based on the investment in collective investment trusts have been filed, and additional suits are coming.
Listen and participate from your telephone as our panel of ERISA and financial services attorneys outlines the legal requirements and regulatory landscape for collective investment trusts and the impact of recent ERISA litigation on collective investment trusts.
Commercial Real Estate Loan Workouts
The current credit market crisis has pushed owners of troubled real estate projects to find ways to keep properties and developments afloat despite waning cash flows, late payments, and weakening property values. Lenders are looking for all possible options for recovering on their real estate loans.
Listen and participate from your telephone as our panel of real estate finance attorneys explains the benefits and limitations of workouts. The panel will provide their guidance and best practices for negotiating workout agreements.
Metadata: Avoiding Ethical and Malpractice Exposure
Metadata is the hidden information or properties automatically embedded in most word processing and spreadsheet files.
Listen and participate from your telephone as our authoritative panel offers clear and specific guidance on how you, your firm, or your company can act immediately to understand, control and manage metadata — and avoid related malpractice exposure and ethics violations.
Uncovering Tax Liabilities in Corporate Due Diligence
Tax counsel play a key role in U.S. companies' acquisitions or sales of businesses and assets, as attorneys structuring the deal call for their help in assessing the tax implications of a Sect. 351 transfer.
Listen and participate from your telephone as our panel of experienced tax counsel share their best practices and tactics to deliver thorough due diligence on corporate M&A and asset sales.
False Advertising Consumer Class Actions on the Rise
False advertising class actions are sweeping the nation. Airborne® agreed in March to pay $23.3 million to settle a class action based on its claims that it was a "miracle cure for the common cold." Apple Computer recently settled a false advertising lawsuit over some of its notebook computers.
Listen and participate from your telephone as our panel of class action attorneys — both plaintiff and defense side — discusses current false advertising class action lawsuits and settlements and strategies for prevailing in false advertising class actions.
Hospital–Physician Joint Ventures Under Attack
Recent legislative and regulatory activity, increased government enforcement, and a deteriorating economic environment have created uncertainty among providers and hospitals about the continued viability of hospital–physician joint ventures.
Listen and participate from your telephone as our panel of healthcare attorneys reviews the current regulatory and enforcement activities affecting hospital–physician joint ventures and offers best practices for restructuring or unwinding joint ventures in light of the changing regulatory and enforcement environment.
Natural Resource Damages Recovery
In the past year, federal and state government agencies have greatly increased their focus on natural resource damages recovery (NRD). NRD involves assessing and litigating potential multi-million dollar claims for the alleged industrial impact to biological and physical resources.
Listen and participate from your telephone as our panel of environmental law specialists examines NRD recovery methods, including who can sue, elements of a claim, opportunities for cooperation, and minimizing NRD liabilities and defense strategies.
Part 1: Understanding Current Trends in Law and Litigation
Part 2: Strategies for Assessing and Minimizing NRD Liabilities
Foreign Corrupt Practices Act in India
The number of U.S. companies that conduct business in and with India has escalated dramatically in the past several years. This rapid growth leaves the companies and their employees vulnerable to violations of the Foreign Corrupt Practices Act (FCPA).
Listen and participate from your telephone as our authoritative panel discusses the risks of doing business in India that may trigger FCPA violations, working with Indian governmental agencies, and best practices for mitigating the risk of FCPA violations.
Mental Illness Discrimination Claims Against Employers
In recent years since the passage of the ADA, workers are more open with employers about their mental conditions and are requesting accommodations for mental illness at an increasing rate. However, employers have found themselves poorly equipped to respond to this growing trend.
Listen and participate from your telephone as our panel of employment law attorneys outlines an employer’s legal obligations when an employee requests an accommodation due to a mental disorder and offers strategies for defending against mental illness discrimination claims.
Price Discounting and Antitrust Liability
Businesses involved in the purchase or sale of tangible goods — manufacturers, suppliers, wholesalers, and importers — face Robinson–Patman Act (R–P) price discrimination issues.
Listen and participate from your telephone as our panel of antitrust law specialists examines the elements of price discrimination and discusses practical ways for a company to offer legal pricing discounts under R–P.
From Domain Tasting to Cybersquatting
The five-day grace period allowing domain name owners to correct legitimate mistakes has developed into a controversial loophole in the Internet community. Many domain owners take advantage of the grace period to test the marketability of names in a practice referred to as domain kiting or tasting.
Listen and participate from your telephone as our panel of intellectual property and Internet legal specialists examines domain name kiting and other disputes. The panel will offer their guidance on effective legal strategies to protect domain names from infringement and dilution.
Contested Insurance Coverage: Defense Under Reservation of Rights
Under most liability insurance policies, insurers have the duty to defend the policyholders from lawsuits seeking damages within the scope of coverage. However, situations arise where the insurer and insured don't agree on the extent and applicability of coverage under the policy.
Listen and participate from your telephone as our panel of experienced insurance attorneys examines the competing interests of the insurer and the policyholder where the duty to defend is under dispute, how different state laws and courts treat the issue, and how both the insurer and the policyholder can work toward a resolution.
Attorney–Client Privilege and Work Product Protection: Avoiding Litigation Pitfalls
The attorney–client privilege is perhaps the most important challenge that attorneys face on a daily basis. Confidentiality is at the heart of the practice of law, and the intent of the privilege is to encourage full disclosure by the client. Maintaining the privilege is crucial.
Listen and participate from your telephone as our authoritative panel of litigation specialists examines common pitfalls, waiver of the privilege, work product protection, the differences between the privilege and work product doctrine, and best practices for maintaining confidentiality.
Pleading, Defending and Settling Class Actions: Emerging Trends
Since the enactment of the Class Action Fairness Act, plaintiffs’ attorneys have been crafting innovative ways to plead multi-state class action cases to increase the likelihood of certification and global resolution in federal court.
Listen and participate from your telephone as our panel of class action plaintiff and defense counsel examines emerging pleading themes in multi-state class actions after CAFA, strategies for defending against these new claims, and methods for reaching fair settlements that comply with due process.
Whistleblower Claims Under the False Claims Act in Healthcare
False Claims Act (FCA) cases are the fastest growing area of federal litigation. In the arena of healthcare fraud alone, the DOJ obtained $1.5 billion in settlements and judgments during fiscal year 2007 while pursuing FCA violations. Most of this amount arose out of cases involving whistleblowers.
Listen and participate from your telephone as our panel — attorneys experienced in prosecuting and defending healthcare fraud cases — reviews the requirements of the Deficit Reduction Act, offers compliance strategies to reduce the risk of FCA claims, and provides best practices for addressing employee whistleblowers and complaints.
Online Social Networking: Legal Risks for Businesses
Online social network sites, such as Facebook®, MySpace®, LinkedIn® and SecondLife® and online forums such as listservs, chat rooms and blogs, all provide an outlet for a dynamic, unfettered exchange of ideas among the individual and businesses.
Listen and participate from your telephone as our panel of employment, IP and privacy law specialists examines the legal risks of using social network sites and online forums. The panel will offer their guidance for businesses to understand and utilize these new communication methods while protecting their interests and avoiding liability.
TTAB's Tougher Stance on Fraud in Trademark Applications
The TTAB recently established a more unforgiving definition of fraud. It gives teeth to TTAB's warnings against trademark owners' and applicants' willful false statements with its willingness to deny an entire application or void an existing trademark registration upon a finding of fraud.
Listen and participate from your telephone as our authoritative panel of intellectual property attorneys examines the recent trend at the TTAB, pleading fraud, and discusses best practices to mitigate the risk of inaccurate applications and registrations.
Final 409A Regulations: Countdown to 1/1/09 Compliance
The 409A final regulations, effective January 1, 2009, impose sweeping changes on the design and administration of nonqualified deferred compensation plans. The new rules also impact other employment arrangements, including severance plans, equity arrangements and bonus plans.
Listen and participate from your telephone as our experienced panel of employee benefits attorneys explains the key requirements of 409A and steps companies should take immediately in designing, drafting, and administering their plans to ensure compliance.
New York State's New Laws on Commission Pay for Employees
Employment law developments in New York State in the last several months drastically impact how employers across the country must treat any commission-based sales people who conduct business in the state of New York.
Listen and participate from your telephone as employment law attorneys from Venable LLP explain the new changes in the law, the interplay between the commission pay law and Federal and state minimum wage and overtime pay laws, and the impact of recent interpretations of New York labor codes on forfeitures or deductions in commission pay. The teleconference will also offer best practices for crafting enforceable employment agreements.
Commercial Real Estate Financing in the Credit Market Crisis
Attorneys for real estate developers cite the limited availability of funding and the declining value of the dollar as key challenges currently facing the commercial real estate industry.
Listen and participate from your telephone as our panel of real estate counsel and lenders' counsel explains the impact of the credit market crisis on commercial real estate financing and offers best practices for developers' counsel for identifying alternative funding sources and negotiating and documenting a commercial real estate loan.
Insurance and the Subprime Credit Crisis
The insurance industry is experiencing the pain of the subprime mortgage crisis.
Listen and participate from your telephone as our authoritative panel of insurance and financing attorneys examines the investigations and litigation, coverage issues in the subprime context, and strategies to enforce coverage of subprime-related losses under insurance policies.
Environmental Compliance and Internal Audits
As part of its current enforcement strategy, the Environmental Protection Agency (EPA) and many state agencies placed an emphasis on environmental compliance auditing.
Listen and participate from your telephone as our panel of environmental law specialists examines the governments' environmental enforcement policies, internal environmental auditing programs, and offer suggestions on how to respond to enforcement actions.
Noncompete Agreements Under Fire
Employers commonly use noncompete agreements to protect confidential business information and goodwill from being misused or misappropriated by departing employees. During 2007, many states, including New York, Texas, and Oregon, took a closer look at the enforceability of these agreements.
Listen and participate from your telephone as our panel of employment law attorneys offers their insights and best practices for crafting clear, legal, and enforceable non-compete agreements in light of recent state court decisions.
In either developing or defending bad faith litigation, counsel on both sides face particularly complex issues concerning the use of expert witnesses and determining whether, when and how to handle settlement offers.
Listen and participate from your telephone as our authoritative panel of insurance litigation specialists present their strategies for managing expert witnesses and potential settlements in bad faith cases. The panel will discuss preparing witnesses, determining admissibility, and making and coping with challenges, as well as understanding the full spectrum of issues in considering settlements.
Meet and Confer—Complying with Tougher Discovery Rules
The Federal Rules amendments have complicated the meet and confer process. Among other things, the rules require counsel to resolve more extensive discovery issues than previously expected—and more quickly, the time to accomplish the meet and confer is set at only 120 days.
Listen and participate from your telephone as our authoritative panel discusses the requirements under the amendments and steps that counsel must take to plan and execute an effective meet and confer strategy.
HIPAA Privacy and Security: Prepare for New CMS and OIG Reviews
In response to growing concerns over the security of protected health information, the Centers for Medicare and Medicaid Services (CMS) recently announced that it has hired PricewaterhouseCoopers to conduct HIPAA security compliance reviews of ten to twenty hospitals over the next several months.
Listen and participate from your telephone as our panel of health care attorneys reviews current HIPAA enforcement efforts and their implications, what the HIPAA security rule requires and best practices for compliance.
Nanotechnology Patents and Copyrights: Strategies for Securing and Protecting IP Rights
Nanotechnology, one of the most dynamic emerging technologies, presents novel and complex problems for the patenting process. The unprecedented patent “land grab” taking place in the nanotechnology area will no doubt lead to problems down the road.
Listen and participate from your telephone as our panel of IP law specialists examines the current landscape of IP rights in nanotechnology, issues related to securing IP rights in nanotechnology and best practices for protecting those rights.
Unraveling the Legal Complexities of Carbon Emission Credit Trading
Global climate change and reduction of greenhouse gases (GHG) are top of mind issues for businesses across the U.S. and throughout the world. Despite the federal government’s reluctance, states and cities as well as many corporations have committed to cutting GHG, including 780 U.S. mayors.
Listen and participate from your telephone as our panel of environmental law attorneys examines the legal environment surrounding GHG reduction efforts, the complexities and advantages of emissions trading, and best practices to reduce such emissions and take advantage of the available business opportunities.
Credit Derivatives: Mastering Key Legal and Documentation Issues
Over the past decade, credit derivatives have become a common instrument for shifting credit risk from one party to another without transferring the underlying credit. The credit derivatives market is estimated to have grown from $180 billion in 1996 to more than $20 trillion in 2006.
Listen and participate from your telephone as our panel of corporate finance attorneys reviews the latest trends in the credit derivatives market, legal and documentation risks related to credit derivatives and strategies to minimize those risks.
Avoiding Antitrust Violations in Competitor Collaborations
As competing businesses increasingly seek joint ventures and other collaborations as an alternative to mergers or acquisitions, the risk of antitrust violations increases. Competitors who collaborate must avoid clashing with antitrust laws—and drawing DOJ and FTC scrutiny.
Listen and participate from your telephone as our authoritative panel of antitrust law specialists addresses the circumstances under which competitor collaborations trigger antitrust investigations and examines best practices for planning and operating ventures with competitors.
Performance-Based Compensation After IRS Reversal on Early Termination
On Jan. 25, the IRS released a Private Letter Ruling (PLR) disallowing a business's exemption under IRC Section 162(m) for an employment agreement that allowed payout of performance-based compensation upon an involuntary or “good reason” employment termination without regard to satisfaction of the performance criteria. The IRS issued a Revenue Ruling confirming the PLR on Feb. 21.
Listen and participate from your telephone as our panel of employee benefits attorneys explains the recent PLR and subsequent Revenue Ruling, the status of prior PLRs on the subject, 409A implications and steps employers should take now to ensure that performance-based compensation plans, employment agreements and severance agreements comply with the new standards.
Attorney–Client Privilege at Risk in Investigations and Audits
Businesses must maintain the confidentiality of certain corporate information—even from independent auditors or government investigators who seek sensitive records or information. Simply handing over information protected by the attorney–client privilege can constitute waiver of the privilege.
Listen and participate from your telephone as our authoritative panel of litigation specialists examines the attorney–client privilege in investigations and audits, including who has the privilege and how can the privilege be waived. The panel will discuss best practices to preserve the privilege.
Physician Recruitment After Stark Phase III
The Stark Phase III regulations, effective Dec. 4, 2007, significantly expand and clarify the physician recruitment exception to the Stark Law. Further, CMS issued a Stark Law Advisory Opinion on physician recruitment arrangements in October 2007, providing new guidance to practitioners.
Listen and participate from your telephone as our panel of health care attorneys examines the impact of the Stark Phase III regulations on physician recruitment and the challenges inherent in physician recruitment. The panel will also offer best practices for minimizing risks and facilitating physician recruitment within the boundaries of complex legal restrictions.
Defending Wage and Hour Collective and Class Claims
Employment lawsuits, particularly class and collective actions, have exploded in the last few years, exposing employers to expensive and time consuming litigation.
Listen and participate from your telephone as our panel of labor and employment attorneys provides strategies to defeat class certification, defend claims and mitigate damages when collective and class claims arise.
The Tripartite Relationship in Insurance: Ethical Dilemmas and Coverage Complexities
One of the primary concerns facing insurance defense counsel is the tripartite relationship between the attorney, the insurance company and the policyholder. The ethical concerns that arise in this relationship are unique and require careful thought and planning.
Listen and participate from your telephone as an authoritative panel of insurance law attorneys examines the conflicts of interest and ethical problems faced by the three parties, the coverage implications of the tripartite relationship, how the courts and state bars address the issues, and strategies for navigating the minefield of potential conflicts of interest.
Effectively Using Expert Witnesses
Attorneys involved in litigation at any stage must meet the challenge of finding, retaining, preparing and presenting expert testimony. Effective litigation preparation further requires analyzing and understanding your opponent's experts for depositions, trial and possible challenges.
Listen and participate from your telephone as our authoritative panel of litigation specialists examines selecting and retaining experts, preparing and presenting expert testimony, cross examining opposing counsel’s experts, and properly disclosing and filing expert reports under the Federal Rules.
Foreign Corrupt Practices Act in China
U.S. companies are increasingly conducting business in and with China. This rapid growth leaves companies and their employees vulnerable to violations of the Foreign Corrupt Practices Act (FCPA).
Listen and participate from your telephone as our authoritative panel discusses the risks of FCPA violations in China, the interplay between the FCPA and local Chinese anti-bribery laws, and best practices for mitigating the risk of FCPA violations.
Mixed Use Development: Overcoming Legal Challenges, Leveraging New Opportunities
The mixed-use development trend continues to grow throughout the real estate industry. Because these efforts combine retail, commercial and residential development and construction, mixed-use projects face unique and complex design and building obstacles involving archaic regulations and laws.
Listen and participate from your telephone as our panel of real estate attorneys and a design professional discusses the principal legal challenges facing developers, builders and the mixed-use development team when undertaking mixed-use projects. The panel will provide practical strategies to overcome the legal hurdles in order to capitalize on the new opportunities of mixed use development.
401(k) Individual Suits After LaRue v. DeWolff
On February 20th, the U.S. Supreme Court ruled unanimously in LaRue v. DeWolff, Boberg & Associates, Inc. that individual participants in 401(k) plans can sue when their employers or retirement sponsors ignore their investment instructions or otherwise mishandle their investment accounts.
Listen and participate from your telephone as our panel of employee benefits attorneys reviews the LaRue decision and its implications and offers best practices for plan sponsors to minimize liability exposure for 401(k) plan administration.
Protecting Trade Secrets in the Digital Age
Companies must protect the confidentiality of their highly valued trade secrets. However, because most business information is stored in electronic form, these assets are vulnerable to being secretly copied and sent via email, a hidden flash drive, or a cell phone.
Listen and participate from your telephone as our authoritative panel of IP law specialists examines how attorneys can advise their clients or companies on best practices to protect company trade secrets and ensure the confidentiality of these important business assets stored electronically.
Avoiding a Zoning Battle Between "Ministry" and Municipality... or Fighting One if You Must
Immediately after the Religious Land Use and Institutionalized Persons Act (RLUIPA) was signed into law in 2000, religious institutions nationwide began filing claims against municipalities alleging that zoning and land use decisions violate RLUIPA and infringe upon their right to religious freedom.
Listen and participate from your telephone as our panel of land use lawyers examines current RLUIPA case law trends, offers practical guidance on how to avoid RLUIPA claims and recommends steps to take when a lawsuit has been filed against your municipality.
Resale Price Maintenance Post-Leegin: Federal, State and International Implications
The Supreme Court's 2007 landmark ruling in Leegin v. PSKS turned resale price maintenance (RPM) on its head. The Court supplanted a nearly 100-year-old precedent in adopting the more lenient rule of reason standard for analyzing RPM under federal antitrust law.
Listen and participate from your telephone as our authoritative panel of antitrust specialists discusses the current federal, state and international antitrust laws and regulations for RPM post-Leegin, examines the rule of reason analysis, and offers steps for moving forward with pricing agreements.
Email and Discovery: Lessons from Qualcomm v. Broadcom
Attorneys should be on alert to the recent federal court ruling in Qualcomm Inc. v. Broadcom Corp. The court took Qualcomm and its counsel to task for failing to turn over email evidence. If it can happen to the attorneys in this case, all highly regarded professionals, it can happen to you.
Listen and participate from your telephone as our panel of authoritative attorneys examines the practical considerations for proper handling of electronic communications, consequences of inadequate management and best practices for email and ESI retention and production.
Attorney–Client Privilege in Jeopardy in Insurance Litigation
Recent court decisions allowing discovery of attorney–client communications in certain insurance lawsuits have shaken the sanctity of the privilege. Insurance disputes give rise to unique areas of concern over protecting the confidentiality of such communications.
Listen and participate from your telephone as our authoritative panel of insurance law specialists examines the attorney–client privilege in insurance litigation, the role of the attorney working for insurers, and strategies to maintain and protect the privilege.
Medicaid Fraud and Abuse Enforcement on the Rise
Health care attorneys predict that preparing for heightened Medicaid compliance enforcement required by the Deficit Reduction Action of 2005 (DRA) will be one of the top compliance challenges for hospitals during 2008. The Medicaid program provides health coverage for 55 million Americans.
Listen and participate from your telephone as our panel of health care attorneys explains current initiatives and enforcement trends affecting Medicaid providers and offers best practices to ensure Medicaid compliance.
Emerging Class Action Threat: Credit Card Data Protection Under FACTA
Since the full implementation of the Fair and Accurate Credit Transactions Act (FACTA) in late 2006, hundreds of class action suits have been filed against major corporations in federal courts alleging that printing credit card receipts with prohibited information is a willful violation of FACTA.
Listen and participate from your telephone as our authoritative panel of legal specialists discusses the pending FACTA class action litigation and strategies for defending such suits.
Ethical Risks of Online Communications by Law Firms
Websites, the Internet and email have emerged as preferred communication and marketing tools for attorneys and law firms, and blogs are a popular way for attorneys to exchange ideas. Online networking is becoming increasingly popular among attorneys seeking new business.
Listen and participate from your telephone as our panel of attorneys, who are well versed in attorney ethics, discusses how various courts and state bar associations are dealing with attorney websites, blogs and social networking sites, and the regulatory future and ethical guidelines for client and prospective client communications via websites and blogs.
On January 2, the EEOC announced a record $2.5 million settlement of a racial discrimination and retaliation claim it negotiated on behalf of a former Lockheed Martin employee.
Listen and participate from your telephone as our authoritative panel explains how the EEOC approaches and carries out its investigations. The panel will provide best practices for responding to a request for a position statement, developing discovery geared towards a positive outcome, and managing claims to avoid expensive litigation.
Attorney–Client Privilege in Corporate Tax Compliance and Planning
Recent changes in the law have raised the stakes and increased the complexity of protecting the confidentiality of communications between corporate tax specialists, in-house tax attorneys, and outside tax counsel.
Listen as our panel of veteran tax counsels bottom-lines the new challenges in attorney–client privilege in tax matters — and offers their best guidance to protect your interests.
Concerns over the effects of climate change have grown dramatically in the past few years. Government and businesses are emphasizing environmentally protective approaches including the utilization of building techniques designed to reduce environmental impacts, or green building.
Listen and participate from your telephone as our panel of real property and construction law attorneys explains the legal challenges facing builders and developers when building green. The panel will offer their experiences and best practices to manage and minimize these emerging legal issues.
The recent amendment to Rule 26(f) codified the need to preserve electronic evidence pending litigation but gives little guidance on how to comply with the duty and thereby avoid penalties.
Listen and participate from your telephone as our panel of litigation specialists offers practiced and practical strategies to understand the breadth and depth of the duty to preserve—and importantly, how to streamline your efforts to save time and money while meeting the obligation.
Assuring Foreign Asset Control Compliance in Domestic and International Transactions
Due to national security concerns, the Federal government is aggressively policing multi-national relationships. Stringent economic sanctions and export controls aimed at foreign countries, entities and people affect the business operations of American companies in unexpected ways.
Listen and participate from your telephone as our panel guides counsel to companies in understanding the government's requirements, in navigating the current enforcement environment, and in developing best practices for ensuring compliance with OFAC regulations.
Restricted Securities: Comply with New SEC Amendments to Rules 144 and 145
The SEC adopted significant amendments to Rule 144 and Rule 145 that should make raising capital and acquisition transactions easier and less costly. The rule changes, effective February 15, 2008, will enhance the attractiveness of restricted securities as a form of acquisition currency.
Listen and participate from your telephone as our panel of corporate finance attorneys explains the key requirements and impact of Amended Rules 144 and 145 and discusses steps counsel for issuers, brokers and transfer agents should take immediately to ensure compliance.
Intellectual Property: The China Threat
The increased focus on doing business in China—and its rapidly evolving regulatory landscape for IP—impacts most U.S. companies. In 2006, counterfeit products seized in China accounted for over 80% of all seizures that year.
Listen and participate from your telephone as our authoritative panel of IP and China business law specialists examines protection of a company’s IP rights before entering into business in China and while transacting business in China, including registration of IP, anti-counterfeiting and brand protection strategies, and enforcement practices.
Part 1: Essential Preemptive Steps to Protect IP Rights
Part 2: Strategies for Policing and Enforcing IP Rights
E-Discovery in Antitrust Lawsuits and FTC/DOJ Investigations
Antitrust investigations and lawsuits brought by the FTC and Department of Justice give rise to some unique e-discovery challenges for businesses. Moreover, electronic information—email, metadata, and backup files—can be critical evidence in proving or disproving anti-competitive conduct.
Listen and participate from your telephone as our authoritative speakers review the new e-discovery rules amendments and how they apply to civil and criminal investigations and the second request process.
Telecommuting Wage and Hour Disputes
Over 45 million employees perform at least part of their jobs remotely and the number is expected to continue to grow. As the telecommuting trend escalates, related wage and hour class action lawsuits are increasing nationwide.
Listen and participate from your telephone as our panel of employment attorneys reviews how to leverage the benefits of telecommuting while managing the potentially costly legal risks—and strategies for avoiding and defeating FLSA collective and class action claims that can arise with telecommuting workers.
Climate Change and Insurance: Anticipating Liabilities and Coverage Risks
Litigation related to global climate change is increasing. Lawsuits have been filed across the country, in the District of Columbia, New York, North Carolina, Minnesota, Mississippi, California and Washington—so far; more suits are expected.
Listen and participate from your telephone as our authoritative panel examines what claims are being filed, insurance coverage issues facing companies and insurers, and how companies and insurers can mitigate risk and liability.
Electronic Medical Records: Legal Risks and Liabilities
The Bush administration announced in October that it would provide higher Medicare payments to about 1,200 physicians nationwide as an incentive for using electronic medical records. CMS is encouraging private insurers to offer similar incentives.
Listen and participate from your telephone as our panel of health care attorneys identifies the major risks and potential liabilities in managing electronic medical records and offers best practices to avoid litigation and penalties.
Attorney-Client Privilege in Electronic Communications
Protection of the attorney-client privilege is critical to the attorney-client relationship. With the new e-discovery rules and the prevalence of electronic communication, preserving client confidentiality is more challenging than ever.
Listen and participate from your telephone as our authoritative panel examines the attorney-client privilege in the context of electronic communications, waiver of the privilege, and best practices that can be implemented to preserve the privilege.
Class Action Removal Standards in Flux
In October, the U.S. Supreme Court denied certiorari in Gay et al. v. Morgan, leaving in place a circuit split regarding the standard a party seeking to remove a case to federal court must meet under CAFA to show that the "amount in controversy" requirement has been satisfied.
Listen and participate from your telephone as our panel of class action attorneys examines the Circuit Courts’ varying standards for removal and their impact on future cases, strategies for defense counsel for obtaining removal, and tactics plaintiffs' counsel can employ if forced to litigate in federal court.
Employee or Independent Contractor? Worker Classification Under Attack
Federal and state governments have increased enforcement against the misclassification of workers as independent contractors, which results in substantial lost tax revenues. During 2007, the U.S. Senate and many states introduced or passed legislation to stop the illegal classification of workers.
Listen and participate from your telephone as our panel of employment law attorneys examines the current enforcement environment regarding worker classification, how to determine worker classification status, and best practices for employers to limit liability exposure.
Bundled Discounts: Emerging Antitrust Challenges
In Cascade Health Solutions v. PeaceHealth, the Ninth Circuit adopted a new standard for bundled discounts and established a split between the Ninth Circuit and Third Circuit (LePage v. 3M) in analyzing bundled discounts. This leaves the treatment of bundled discounts unclear.
Listen and participate from your telephone as our panel of antitrust specialists examines the Ninth Circuit’s ruling, reviews the Third Circuit’s LePage decision, the AMC’s recommendations for bundled discounts, and implications of the PeaceHealth decision and discusses best practices for steering clear of antitrust violations.
Business Interruption Insurance: Legal Strategies
The Southern California fires. Burst water pipes. Hurricanes Katrina and Rita. Hackers disabling a company's website. September 11. These dramatic and many more mundane events disrupt businesses and trigger devastating losses for companies around the country.
Listen and participate from your telephone as our panel of authoritative attorneys examines and analyzes the different business interruption coverages available and the legal issues arising both from catastrophic tragedies and the more mundane—and more common—events that could nonetheless cause costly disruptions in business operations.
Evolving Climate Change Regulations: Anticipating Corporate Risks and Liabilities
State and local legislatures and regulators are forcing corporate America to come to grips with global warming issues. Despite the federal government's reluctance to join international efforts to address the causes of climate change, the U.S. Congress recently passed a comprehensive energy bill.
Listen and participate from your telephone as our authoritative panel reviews the current state of climate-change laws and regulations affecting American companies and the developing trends in the law and litigation. In the second part the panel will discuss strategies for businesses to implement to reduce risks and liabilities related to climate-change issues.
Part 1: Developing Trends in Law and Litigation
Part 2: Strategies for Reducing Risks and Avoiding Liability
Class Action Settlements: Emerging Trends
Class action settlement amounts reached record levels over the past two years, with the total value of securities class actions settled in 2006 reaching $10.6 billion. The Class Action Fairness Act (CAFA) requires federal judges to carefully scrutinize class action settlements and imposes strict deadlines for defendants to provide notice of proposed settlements.
Listen and participate from your telephone as our authoritative panel examines recent class action settlement trends, the impact of CAFA on settlement practices and strategies for obtaining fair and reasonable class action settlements—whether representing a plaintiff or defendant.
E-Discovery in Employment Litigation
The federal e-discovery rules amendments, effective late 2006, required employers to implement procedures for the retention, destruction, and management of confidential employee information. Several cases over the past year have illustrated the costly dangers of failing to comply.
Listen and participate from your telephone as our authoritative panel of employment litigators and e-discovery experts reviews the rules amendments and how they impact document retention and electronic discovery of sensitive employment information. The panel will offer their experiences and perspectives on best practices for compliance.
TTAB's Tougher Stance on Fraud in Trademark Applications
The TTAB has recently established a more unforgiving definition of fraud. It has given teeth to its warnings against trademark owners' and applicants' willful false statements by demonstrating a willingness to deny an entire application or void an existing trademark registration if it finds fraud.
Listen and participate from your telephone as our authoritative panel examines the recent trend at the TTAB, pleading fraud, and discusses best practices to mitigate the risk of inaccurate applications and registrations.
Telecommuting – Potential Legal Pitfalls
Over 45 million employees perform at least part of their jobs remotely. While the benefits of telecommuting are undeniable for workers and employers, HR executives must understand the risks of legal claims for wage and hour violations, breach of confidentiality and workers' compensation injuries.
Listen and participate from your telephone as our authoritative panel, including employment law attorneys and an HR executive, reviews the potential legal pitfalls of telecommuting arrangements and the steps HR professionals should take to mitigate the employer's legal risks.
Avoiding Ethics Violations and Malpractice Liability in Class Action Litigation
Recent civil RICO suits and criminal prosecutions involving Milberg Weiss attorneys on charges they paid kickbacks to lead plaintiffs in class action suits have brought heightened attention to the ethical issues surrounding class action cases.
Listen and participate from your telephone as our panel of legal ethics and complex litigation attorneys discusses best practices for dealing with the ethical hurdles and malpractice threats inherent when there are large classes of plaintiffs in a single lawsuit.
Overcoming Document Retention Challenges
Complying with document retention standards established by the new e-discovery rules, as well as Sarbanes–Oxley standards and other laws, is expensive for companies.
Listen and participate from your telephone as our panel of authoritative attorneys offers practical strategies to reduce risk associated with information management, including collection, retention, destruction and preservation strategies. The panel will provide their perspectives on the impact of the e-discovery rules and court decisions to determine best practices for document retention.
Employee Severance Under Attack: The Courts’ Latest Rulings
Multimillion dollar severance packages recently provided to Home Depot and Pfizer CEOs have caught the attention of the public—and the ire of shareholders.
Listen and participate from your telephone as our authoritative panel examines the potential legal landmines in severance agreements, current case law on employee releases and ERISA and 409A issues related to severance. The panel will discuss best practices for negotiating severance agreements that protect the employer from future claims—and anticipate the impact of 409A rules.
Antitrust Liability for Price Discounting
Businesses involved in the purchase or sale of tangible goods—manufacturers, suppliers, wholesalers, and importers—face Robinson–Patman Act (R–P) price discrimination issues.
Listen and participate from your telephone as our panel of antitrust law specialists examines the elements of price discrimination and discusses practical ways for a company to offer legal pricing discounts under R–P.
Recent years have seen more intense scrutiny of insurers' conduct. Policyholders are filing bad faith claims at an increasing rate—claims that, if proven, can lead to significant damages awards against insurers. However, many courts are viewing bad faith claims with increased skepticism.
Listen and participate from your telephone as our panel of insurance law specialists examines bad faith claims from the perspective of both the policyholder and the insurer and the issues each side faces. The panel will discuss best practices and strategies for each side in litigation that includes allegations of bad faith by the insurer.
Foreign Corrupt Practices Act Voluntary Disclosures
The U.S. DOJ and the SEC are increasing their focus on FCPA enforcement. The federal agencies have put global corporations on notice with recent high-profile cases involving FCPA violations.
Listen and participate from your telephone as our authoritative panel examines the DOJ and SEC approaches, companies’ internal investigations and voluntary disclosure results to the government, and best practices for minimizing FCPA violations and penalties.
New CMS Policy on Preventable Injuries
CMS announced in August that, beginning October 2008, health care providers will not be eligible for reimbursement of expenses related to preventable hospital injuries. Moreover, CMS will bar providers from directly billing patients for expenses related to such injuries.
Listen and participate from your telephone as our authoritative panel of health law attorneys and a CMS adviser examines the likely impact of the new CMS policy on hospitals and provides insights into best practices to limit liability exposure and to protect Medicare reimbursements.
Real Estate Investment Under China's New Land Use Laws
As China’s population skyrockets past 1.3 billion and the demand for living and office space soars, U.S. investors anxiously seek real estate opportunities there. However, investment restrictions, land ownership rules and China’s unique culture make foreign investment complicated.
Listen and participate from your telephone as our panel of real property attorneys explains the current cultural and regulatory environment for real estate investment in China, the legal risks of investing in Chinese real estate and best practices for mitigating those risks.
User-Generated Content – The Emerging Legal Threat
Many companies are featuring user or consumer generated content in marketing campaigns to build product and brand awareness at a fraction of the cost of traditional marketing. Such content includes customer contributions like reviews, testimonials and even videos demonstrating the use of a product.
Listen and participate from your telephone as our authoritative panel of IP law specialists examines the new legal challenges of consumer-generated content and discusses the steps that companies can take to protect themselves from liability related to such content.
Ethical Risks of Outsourcing Legal Services
Law firms and corporations routinely outsource legal work, whether sending assignments to attorneys across town or offshoring work to lawyers in India. Although concerns about confidentiality and conflicts of interest abound, outsourcing's appeal continues to grow domestically and internationally.
Listen and participate from your telephone as our authoritative panel discusses the potential ethical pitfalls of outsourcing and best practices to avoid malpractice liability and ethics violations while engaged in domestic and international outsourcing of legal work.
Policing and Protecting Copyrights on the Internet
As technology evolves, so does copyright law—and the Internet is the proving ground both for new modalities of protection and novel theories of infringement.
Listen and participate from your telephone as the panel updates copyright owners and legal advisers on ways to police and prevent infringement, examine fair use, and understand the new tools at their disposal—as well as the limits of their rights and the scope of free activity on the Internet.
Foreign Corrupt Practices Act in India
The number of U.S. companies that conduct business in and with India has escalated dramatically in the past several years. This