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Avoiding "Crummey Power" Mistakes in Drafting Trust Documents — October 4

Protecting Against IRS Challenges to Gifts to Irrevocable Trusts

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Navigating Jurisdictional Determinations Under the Clean Water Act: Impact of U.S. Army Corps of Engineers v. Hawkes
September 29 (in 4 minutes)

M&A Engagement Letters: Strategies for Buyers, Sellers, Investment Banks and Their Counsel
September 29 (in 4 minutes)

Patent Inventorship: Best Practices for Determination and Correction
September 29 (in 4 minutes)

Combating Class Settlement Objectors: Overview of Proposed Rule Amendments, Key Preventive Measures and Tactics
September 29 (in 4 minutes)

Swap Collateral Documentation and the New Final Margin Regulations for Uncleared Swaps
September 29 (in 4 minutes)

Reporting UBTI and UBIT in Partnerships and S Corporations: Mastering K-1 Disclosures for Exempt Org Partners
September 29 (in 4 minutes)

Mandatory Unitary Combined Reporting: Navigating Conflicting and Evolving State Rules
September 29 (in 4 minutes)

IP Agreements: Structuring Indemnification and Limitation of Liability Provisions to Allocate Infringement Risk
October 4 (in 5 days)

Section 363 Sales in Oil & Gas Bankruptcies: Purchasing Oil & Gas Assets
October 4 (in 5 days)

Additional Insured Coverage: Navigating Scope, AI Rights, Insurer Duties, AI Status vs. Contractual Indemnification
October 4 (in 5 days)

Avoiding "Crummey Power" Mistakes in Drafting Trust Documents
October 4 (in 5 days)

Employee Performance Rating Systems: Avoiding and Defending Against Discrimination Claims, WARN Act Violations
October 4 (in 5 days)

Funding Platforms for Rule 506 Offerings: Navigating Broker-Dealer Registration Exemption for Investment Advisers and Issuers
October 4 (in 5 days)

Uber, Airbnb and Municipalities: Maximizing New Tax and Licensing Revenue Opportunities
October 5 (in 6 days)

Structuring Comprehensive Care for Joint Replacements Collaborator Agreements
October 5 (in 6 days)

Overcoming §103 Rejections of Software and Electronics Related Patents: Leveraging Recent Decisions and USPTO Guidance
October 6 (in 7 days)

Structuring REIT Credit Facilities: Loan Terms, Financial Covenants, Commitment Letters, MAC Provisions and More
October 6 (in 7 days)

Endangered Species Act Compliance in Project Development and Land Use
October 6 (in 7 days)

Agreements to Arbitrate Disputes on an Individual Basis: Lessons for Class Action and Contracts Counsel
October 11 (in 12 days)

Securing Social Media Admissions: Investigative Strategies, Spoliation Warnings, Use of Subpoenas to Obtain Evidence
October 11 (in 12 days)

Navigating the New Section 2704 Discount Valuation and Transfer Regulations: What Estate Planners Must Do Now
October 11 (in 12 days)

Medicaid Overpayments: Challenging State Audit Allegations of Overpayment and the Use of Statistical Sampling and Extrapolation
October 11 (in 12 days)

ERISA Church Plan Exemption Under Attack: Implications for Church-Affiliated Employers Administering Pension Plans
October 11 (in 12 days)

Insurance Policy Rescission: Navigating the Differing Legal Standards Underlying a Misrepresentation Claim or Defense
October 13

Title Insurance Coverage: What Real Estate Counsel Must Know
October 13

Structuring Private Equity Co-Investments and Club Deals: Risks and Opportunities for Sponsors and Investors
October 13

UCC Security Interests in Proceeds of Collateral: Navigating Perfection, Priority and Impact of Debtor's Bankruptcy
October 13

Strategies for In-House Counsel to Reduce Litigation Costs: Insourcing, Bill Review, Managing Outside Counsel and More
October 13

Leveraging USPTO Examiner Count System: Efficiently Prosecuting Patents, Lowering Prosecution Costs
October 13

Renewable Energy Projects: Structuring REC Purchase and Sale Agreement, Interconnection Agreement
October 13

Trademark Licensing: Avoiding the Accidental Franchise in Structuring Licenses
October 13

Drafting Severance and Confidentiality Agreements Amid Continued SEC, EEOC and NLRB Scrutiny
October 13

Fraudulent Transfers and the Subsequent Transferee Defense Under the Bankruptcy Code and UFTA / UVTA
October 18

Joint-Employer Status Under the NLRA after Browning-Ferris and Miller & Anderson
October 18

Health and Welfare Plan Administrative Services Agreements: Negotiating, Drafting and Monitoring Agreements
October 18

Design Patents and IPR: Challenging and Defending Validity at the PTAB
October 18

New Section 2704 Regulations and Family Partnerships: Navigating the New Discounting Rules for Family-Controlled Entities
October 18

Funding Trusts: Ensuring Optimal Asset Transfers, Changing Ownership, Monitoring Asset Performance
October 18

Drafting Indemnification and Hold Harmless Provisions in Commercial Contracts
October 19

Commercial Lease Negotiations: Property and Liability Insurance, Proof of Coverage, AI and Loss Payee Issues
October 19

Mastering NIIT for Trusts and Estates: Net Investment Income Tax Planning Strategies to Minimize Surtax
October 19

Sports-Related Concussion Lawsuits: Litigating in the Tidal Wave of Individual and Class Claims
October 20

Best Efforts and Commercially Reasonable Efforts in M&A Agreements: Drafting and Interpretation Challenges
October 20

"Waters of the U.S.": Navigating the EPA Rule, Status of Challenges to the Rule, and Potential Effects of the Rule, Including on Pending Transactions
October 20

Opting Out of PFIC Tax-and-Interest Treatment: Making QEF Elections on Form 8621 Part II
October 20

Check-the-Box Elections for Foreign Subsidiaries: Achieving Optimal Tax Treatment Through Entity Selection
October 20

Healthcare Insolvencies: Navigating the Intersection of Medicare, ERISA, HIPAA, AKS, Stark and the Bankruptcy Code
October 20

Analyzing D&O and E&O Coverage for Data Breach and Privacy Litigation and Regulatory Investigations
October 25

Medicare Provider Agreement Assignment Following Change of Ownership: Evaluating Automatic Assignment vs. Rejection
October 25

Preparing Employers for 2016 ACA Information Reporting: Lessons From 2015 Compliance Missteps
October 25

Navigating SEC’s Evolving Integration Doctrine for Concurrent and Serial Combinations of Rule 506 Private Placements
October 25

Offshore Asset Protection Trusts: Structuring Foreign Trusts as Part of an Integrated Estate Plan
October 25

Renewable Energy Projects: Maximizing Investment and Production Tax Credits
October 26

Leveraging Colossus and Other Insurance Adjustment Software to Maximize Auto Accident Claim Settlement Offers
October 26

IP Protection for Mobile Apps: Navigating Name Selection, Trademark Clearance, Registration, Licensing and Infringement
October 26

Multistate Partnerships: Mastering State Taxation of Corporate Partners
October 26

Swap Documentation in Real Estate Loan Transactions: Coordinating ISDA Master Agreement and Loan Agreement Terms
October 26

IRC 754: Partnership and Pass-Through Entity Basis Adjustments
October 26

Hedge Funds and New IRS Partnership Audit Regulations
October 26

Structuring Financial Covenants, EBITDA, and Events of Default to Maximize Borrower Protection and Lender Remedies
October 27

Charitable Donations of LLC and Limited Partnership Interests to Nonprofits
October 27

Markman Hearing Strategies: Navigating Patent Claim Selection, Timing and Impact of AIA Procedures
October 27

In-House Counsel Communications with Employees During Litigation Process: Protecting Attorney-Client Privilege and Work Product
October 27

Pursuing or Defending Against M&A Post-Closing Indemnification Claims: Guidance for Deal Counsel
October 27

Overtime Pay Claims for After-Hours Use of Electronic Devices: Navigating Latest DOL and Case Law Developments
October 27

Primary vs. Excess Insurance: Navigating Triggers of Coverage, Allocation of Liability, Exhaustion of Policy Limits
November 1

Foreign Investment in U.S. Real Property: Tax Planning and Reporting Challenges
November 1

Secondary Loan Markets Post-Madden: Overcoming Restrictions in Future Loan Transactions and Secondary Market Sales
November 1

Structuring M&A and Private Equity Sales Involving ESOPs: Alternative Strategy in a Down Market
November 1

Drug Substance Patents: Leveraging New FDA Guidance, Protecting Composition of Matter Patents, Drafting Solid Form Claims
November 1

Medicare and Medicaid Dual Eligible Beneficiaries: Overcoming Cost-Sharing and Compliance Challenges
November 2

Lender Liability: Defending Against Attacks on Loans in Workout, Modification, Default and Bankruptcy
November 2

Divorce Property Division and Trust Assets: Strategies for Attacking or Defending Trusts
November 2

Estate Planning for Multinational Families: Navigating Interests in Foreign Business, Real Estate and Financial Accounts
November 2

S Corporation Debt: Planning Opportunities With Shareholder Loans to S Corps
November 2

New DOL Overtime Rule Effective December 1: Are You Ready?
November 2

Drafting Transportation Contracts: Negotiating Key Terms in Shipper, Carrier and Broker Agreements
November 3

Construction Financing: Utilizing Tax Credits, Tax Increment Financing, EB-5 Visa Program and Crowdfunding Websites
November 3

Repatriating Foreign-Source Income for U.S. Taxpayers: Minimizing the Tax Impact of Transferring Offshore Income and Gains
November 3

Taking 30(b)(6) Corporate Representative Depositions in Personal Injury Cases
November 8

Structuring Equity Compensation and Nonqualified Deferred Compensation: Achieving Tax and Legal Objectives
November 8

Mexico's New Anti-Corruption Laws and Implementing Regulations: Private Entities and Individuals in the Crosshairs
November 8

Multi-Family Housing: LIHTC and Tax-Exempt Bonds
November 8

Employee Handbooks Under Heightened Scrutiny: Guidance for Employment Counsel Structuring Handbook Provisions
November 9

Solar Financing Tax Equity Structures: Sale-Leasebacks, Inverted Leases and Partnership Flips
November 9

Drafting Manufacturing and Supply Agreements: Negotiating High-Risk Provisions, Navigating "Battle of the Forms" Issues
November 9

Employment Tax Deficiency Abatements: Mitigating Employer Financial and Criminal Penalties for Trust Tax Underpayment
November 9

Subordination, Non-Disturbance and Attornment Agreements in Commercial Leasing and Real Estate Finance
November 10

Anti-Kickback Statute and New Stark Law Compliance in Managed Care Contracts
November 10

Patent Prosecution and Defeating Abstractness: Minimizing the Risk of Sect. 101 Rejection
November 10

Drafting Standstills in Intercreditor Agreements: Junior Lienholder Standstill Periods and Secured Creditor Remedies
November 10

IC-DISC Strategies: Mastering the Complex Operational Challenges
November 10

Section 1341 "Claim of Right" Refunds: Calculating Tax Benefits, Avoiding Double Taxation on Repayments and Claw-Backs
November 10

Structuring Inpat and Expat Pension, Health and Welfare Plans: Challenges for Multinational Employers
November 17

Correcting Capital Account Mistakes and Errors on Partnership Returns
November 22

BDITs: Structuring Beneficiary Defective Inheritor's Trusts to Minimize Tax and Retain Control Over Assets
November 29

Addressing Medicare and Medicaid Liens in Personal Injury Cases
December 15

Private Equity Waterfall and Carried Interest Provisions: Economic and Tax Implications for Investors and Sponsors
December 15

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Founded in 1984, Strafford is a leading continuing education provider offering nearly 700 live interactive webinars a year, as well as a large selection of recorded events in downloadable and traditional formats. Strafford has a long-standing commitment to serving the information needs of the legal, tax, accounting and security professions by providing the most up-to-date and relevant briefings.

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Featured Faculty

Miller, Kevin

Kevin Miller

Partner, Alston & Bird

Mr. Miller is a Partner in Alston & Bird's Corporate Transactions & Securities Group, head of the firm's Financial Advisors Practice, and the co-head of the firm's M&A Practice Quality Team. He is a frequent author and speaker on M&A topics, including recent legal and regulatory developments, fairness opinions, and stapled finance and the role of investment bankers.