Course1

"Founding Documents": Drafting Articles of Incorporation & Bylaws, Part 2

$85.00
  • Author/Instructor:  Eric J. Zinn

"Founding Documents": Drafting Articles of Incorporation & Bylaws, Part 2 Though LLCs have become a default choice of entity for many businesses, corporations – C Corps and S Corps – still produce optimal results for many family-held businesses or businesses operating in industries where the corporate is preferred or required.  The founding documents of corporations – Articles of Incorporation, Stockholders’ Agreements, and bylaws – are complex, interlocking instruments that create and regulate the capital structure, governance, and finance of the business.  Very important issues of who can own stock, how that stock is valued and transferred, how major corporate decisions are made, and how disputes are resolved are all determined by these documents. This program will provide you with a practical guide to planning and drafting the essential founding documents of corporations   Day 2:          Instituting boards of directors – duties, restrictions, indemnification          Approval of shareholders – major transactions, voting thresholds, procedures          Restrictions on the transferability of stock          Major components of corporate bylaws          Common traps in drafting founding documents – avoiding later litigation   Speaker: Eric J. Zinn is of counsel in the Denver office of Kutak Rock, LLP.  He represents clients in clients in matters involving corporate, individual and partnership taxation, state and local taxation, and corporate mergers, acquisitions and finance. He is a frequent lecturer on topics including the proper choice of legal entity for the operation of a business enterprise, drafting operating agreements for limited liability companies, international taxation, partnership taxation, and like-kind exchanges.  He is an Adjunct Professor at the University of Colorado-Denver Business School and at the University of Colorado School of Law in Boulder. He is the author of "Colorado Limited Liability Company Forms and Practice Manual,” published by Data Trace Publishing. Before entering private practice he served as a judicial clerk to the U.S. Tax Court.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 9/29/23
    Presented
  • DETAILS
Course1

2023 Banking and Commercial Law Update (Webcast)

$175.00
  • Author/Instructor:  OBA Banking and Commercial Law Section

2023 Banking and Commercial Law Update Cosponsored by:OBA Banking and Commercial Law Section Program Planner:Eric Johnson, Hudson Cook, LLP     Agenda:   8:30 – 9:00 – Registration   9:00 – 9:50 – Anthony Hendricks, Partner, Crowe Dunlevy, P.C. - Not Experts But Leaders: CEOs, Boards, and Cybersecurity 9:50 – 10:00 - Break 10:00 – 10:50 - Professor Stephen Sepinuck, Special UCC Advisor, Paul Hastings, LLP - Proposed Amendments to the UCC 10:50 – 11:40 – Joshua Snavely, Of Counsel, McAfee Taft, P.C. - Artificial Intelligence Risk and Regulation 11:40 – 12:10 - Lunch 12:10 – 1:00 – Matt Mowdy, Legal Counsel, Oklahoma Banking Department – Banking Law Updates 1:00 – 1:50 – Jason Sansone, Attorney, Phillips Murrah P.C. – Can I Take It? Lenders' Setoff and Recoupment Rights in Bankruptcies 1:50 – 2:00 – Break 2:00 – 2:50 - Jessica Perry, Deputy Criminal Chief, U.S. Department of Justice – DOJ Financial Crimes – Trends and Priorities 2:50 - 3:40 - Eric Johnson, Partner, Hudson Cook, LLP - CFPB Updates for the Banking/Commercial Lawyer           Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 380
    Min.
  • 10/13/23
    Presented
  • DETAILS
Course1

2023 Year End Review - Day One Webcast

$175.00
  • Author/Instructor:  OBA CLE Department

2023 Year End Review – Day One  Webcast Program Moderator  Gigi McCormick, Oklahoma Bar Association, Director of Educational Programs   8:30 a.m.  Registration and Continental Breakfast     9:00 a.m.   Exploring the 8 Dimensions of Wellness  Nanci Cosby, A Chance to Change, Oklahoma City ~Sponsored by Lawyers Helping Lawyers~    9:50 a.m.   Break    10:00 a.m.  Bankruptcy Law Update  Craig Regens, Gable Gotwals, Oklahoma City  Brandon Bickle, Gable Gotwals, Tulsa    10:50 a.m.  Break    11:00 a.m.  Cannabis Law Update  Amber Peckio Garrett, Amber Law Group, Tulsa   Felina Rivera, Renaissance Legal Solutions, Oklahoma City    11:50 a.m.  Networking lunch (included in registration)    12:30 p.m.   Criminal Law Update  Barry L. Derryberry, First Assistant Federal Defender, Tulsa    1:20 p.m.  Break    1:30 p.m.  Health Law Update Maggie Martin, Crowe & Dunlevy, Oklahoma City   2:20 p.m.  Break    2:30 p.m.  Oklahoma Tax Law Update  Rachel Mathew, Partner, Polston Tax Resolution & Accounting    3:20 p.m.  Adjourn        Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.   

  • Webcast
    Format
  • 410
    Min.
  • 11/29/23
    Presented
  • DETAILS
Course1

2023 Year End Review - Day Two Webcast

$175.00
  • Author/Instructor:  OBA CLE Department

2023 Year End Review – Day Two Webcast   Program Moderator  Jim Calloway, OBA, Director, Management Assistance Program      8:30 a.m.  Registration and Continental Breakfast     9:00 a.m.   Business and Corporate Law Update  Gary Derrick, Derrick and Briggs, LLP, Oklahoma City    9:50 a.m.   Break    10:00 a.m.  Law Office Management and Technology Update  Jim Calloway, Director of Management Assistance Program, OBA, Oklahoma City  Julie Bays, Practice Management Advisor, OBA, Oklahoma City    10:50 a.m.  Break    11:00 a.m.  Real Property Law Update  Kraettli Epperson, Mee Mee Hoge and Epperson, PLLP, Oklahoma City    11:50 a.m.  Networking lunch (included in registration)    12:30 p.m.   Estate Planning and Probate Law Update  Terrell Monks, Oklahoma Estate Attorneys, PLLC, Oklahoma City    1:20 p.m.  Break    1:30 p.m.  Family Law Update   Monica Dionisio, Dionisio Sherwood Law Firm, Oklahoma City    2:20 p.m.  Break    2:30 p.m.  Ethics Update  Gina Hendryx, General Counsel, Oklahoma Bar Association, Oklahoma City    3:20 p.m.  Adjourn        Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.   

  • Webcast
    Format
  • 410
    Min.
  • 11/30/23
    Presented
  • DETAILS
Course1

Asset Protection Techniques for Real Estate

$85.00
  • Author/Instructor:  Jonathan E. Gopman

Asset Protection Techniques for Real Estate Appreciated real estate is often the most valuable asset held by a client.  Real estate as an asset class is also frequently subject to depletion through divorce, claims of creditors, tort claimants and others.  Ensuring that the real estate is properly held, preserved, and administered to protect its value is the key task of many trust and estate plans. This program will provide you with a real-world guide to accessible asset protection strategies for real estate, including the sophisticated use of limited liability entities, trusts and insurance products, key elements of drafting operating agreements and their traps, and use of forms of ownership and choice of law planning.   ·         Economic issues to consider on acquisition, holding and administration of real estate ·         Sophisticated use of LLCs and trusts to protect real estate ·         Key provisions of LLC operating agreements and their traps in protecting real estate ·         Forms of ownership and choice of law as asset protection ·         Uses and traps of using real estate products ·         Bankruptcy planning opportunities and limitations for distressed real estate projects   Speaker:   Jonathan E. Gopman is a partner with Akerman, LLP in Naples, Florida and chair of the firm’s trust and estate group. His practice focuses on sophisticated wealth accumulation and preservation planning strategies for entrepreneurs.  He is a Fellow of the American College of Tax Counsel and co-author of the revised version of the BNA Tax Management Portfolio “Estate Tax Payments and Liabilities.”  He is also a commentator on asset protection planning matters for Leimberg Information Services, Inc., a member of the legal advisory board of Commonwealth Trust Company in Wilmington, Delaware, and a member of the Society of Trust and Estate Practitioners.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/10/23
    Presented
  • DETAILS
Course1

Bad Lawyers of Hollywood: An Ethics Program

$50.00
  • Author/Instructor:  Stuart Teicher

The Bad Lawyers of Hollywood: An Ethics Program      Whether it’s fictional lawyers in film, or real lawyers who represent celebrities, a ton of these characters have committed ethical violations. Join the CLE Performer Stuart Teicher as he explores the misdeeds of the real and fake lawyers of Hollywood. Rules addressed include 1.5 (fees), 8.4 (misconduct) and 1.6 (confidentiality)?    STUART TEICHER- Stuart I. Teicher, Esq. is a professional legal educator who focuses on ethics law and writing instruction.   A practicing lawyer for 30 years, Stuart’s career is now dedicated to helping?fellow lawyers survive the practice of law and thrive in the profession.   Mr. Teicher teaches seminars, provides in-house training to law firms and legal departments, provides CLE instruction at law firm client events, and also gives keynote speeches at conventions and association meetings.     Stuart helps lawyers get better at what they do (and enjoy the process) through his entertaining and educational CLE “performances”.  He speaks, teaches, and writes— Thomson Reuters published his book entitled, Navigating the Legal Ethics of Social Media and Technology.    Mr. Teicher is a Supreme Court appointee to the New Jersey District Ethics Committee where he investigates and prosecutes grievances filed against attorneys.  Mr. Teicher also served on the New Jersey Office of Attorney Ethics Fee Arbitration Committee. Mr. Teicher is an adjunct professor of law at Georgetown Law where he teaches Professional Responsibility, and he is an adjunct professor at Rutgers University in New Brunswick where he teaches undergraduate writing courses. He also taught legal writing at St. John’s University School of Law in New York City.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.   

  • Webcast
    Format
  • 60
    Min.
  • 10/26/23
    Presented
  • DETAILS
Course1

Drafting Arbitration Agreements in Business and Commercial Transactions

$85.00
  • Author/Instructor:  Shannon M. Bell

Drafting Arbitration Agreements in Business and Commercial Transactions One of the biggest risks in most business, commercial, or real estate agreements is the risk of dispute and costly, protracted litigation. Arbitration agreements are one of the primary methods by which this substantial risk of loss is contained. Rather than the parties resorting to costly litigation, they are required to seek resolution of their dispute before a neutral arbiter, whose decision in the matter is final and cannot be litigated. Though these agreements are effective mechanisms for dispute resolution and cost containment, they are also highly controversial. This program will provide you with a practical guide the law governing arbitration agreements and drafting their major provisions.   ·         Framework of law governing arbitration agreements ·         Practical uses in business, commercial, and real estate transactions ·         Circumstances where arbitration is effective v. ineffective ·         Counseling clients about the benefits, risks, and tradeoffs of arbitration agreements ·         Scope of arbitration, mandatory nature, and rules used ·         Defining applicable law, arbiter selection, and method of arbitration ·         Judgment on award, review by courts (if any), interim relief   Speaker: Shannon M. Bell is a member with Kelly & Walker, LLC, where she litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues.  Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen.  She also represents clients in claims of shareholder and officer liability, piercing the corporate veil, and derivative actions.  She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/13/23
    Presented
  • DETAILS
Course1

Ethics in Discovery Practice

$85.00
  • Author/Instructor:  Elizabeth Treubert Simon and Thomas E. Spahn

Ethics in Discovery Practice Discovery can be the most important phase of litigation, directing the course and outcome of the case.  How evidence is discovered, how it is used, and how mistakes in its handling are disclosed and remedied all raise very significant ethical issues. These issues – the risk of mishandling – are increased by the vast growth of ESI, electronically stored information. Litigators have certain obligations that their vendors comply with ethics rules. There are also issues surrounding the use of paralegals in discovery practice.  Failure to ensure ethics compliance during discovery can have a material adverse impact on the underlying litigation and draw an ethics complaint.  This program will provide you with a real-world guide to substantial issues ethical issues that arise in discovery practice and how to avoid ethics complaints.   ·         Duty of candor to the tribunal during discovery ·         Ethical issues when you learn that a client is dishonest ·         Inadvertent disclosure privileged documents and their handling ·         Ethics in depositions – conferring with witnesses, using video depositions and more ·         Ethical issues in widespread data mining of discovery documents ·         Issues involving metadata in electronic files – documents, email, text messages ·         Attorney-client privilege and security issues of working with outside e-discovery vendors ·         Ethics and social media discovery   Speakers: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, she practiced law in Washington DC and New York, focusing on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.   Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/17/23
    Presented
  • DETAILS
Course1

Ethics of Identifying Your Client: It's Not Always Easy

$85.00
  • Author/Instructor:  Elizabeth Treubert Simon and Thomas E. Spahn

Ethics of Identifying Your Client: It's Not Always Easy The first step in every ethics analysis is answering the question, who is your client?  It’s seemingly a very easy question to answer, but it’s not always 20/20 except in hindsight.  Representing multiple parties on the same matter, whether in litigation or on a transaction, may mean you have many clients, some or all with conflicts.   If you’re a private practitioner and you represent an organization, your client may be the entity, its officers from whom you are taking directions, or possibly both. If you’re an in-house attorney, the analysis – and its implications for the attorney-client privilege – becomes even more complex.  This program will provide you with a real world guide to ethics of identifying your client in a variety of settings avoiding conflicts of interest with the client.   ·         Ethics and identifying your client and avoiding conflicts in transactions and litigation ·         Representing businesses entities, nonprofit associations, and the government – client v. person giving directions ·         Identifying clients in trust and estate planning – the testator or the person paying your fees? ·         Special ethical challenges and ethical risks for in-house counsel and attorney-client privilege issues ·         How to untangle clients and conflicts in joint representations – managing conflicts and information flows ·         Best practices in documenting client representation to avoid later challenge   Speakers: Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide.  Previously, she practiced law in Washington DC and New York, focusing on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures.  She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Legal Ethics Committee.  She writes and speaks extensively on attorney ethics issues.     Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/24/23
    Presented
  • DETAILS
Course1

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

$85.00
  • Author/Instructor:  Steven B. Malech

Family Feuds in Trust and Estate Planning: Counseling Clients About Dispute Avoidance Family feuds are the most destructive force in trust and estate planning. When a senior generation of a family dies or decides to pull back from leading a family business, long suppressed rivalries, disputes and inter-personal conflicts rise to the surface and have often a substantially adverse impact on the business’s operations and value. These disputes often place planners in the extremely difficult spot of having gain the trust of warring factions, understand their grievances, and use the tools of planning to help them and the company find a value-preserving resolution of their conflicts. This program will provide you with a real-world guide to identifying and resolving family feuds in trusts.   ·         Sources of family feuds in trusts and techniques to resolve short of litigation ·         Disputes involving distributions, control of family assets, personal rivalries, lack of communication ·         Techniques for resolution – outside consultants, ongoing family meetings, lifetime gifting, distribution standards ·         How choosing trustees can provoke or dampen family disputes ·         How to work with warring family factions while protecting yourself as lawyer   Speaker: Steven B. Malech is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm’s probate litigation practice group.  He represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/20/23
    Presented
  • DETAILS
Course1

Fines, Fees, and Due Process - An Update for Defendants' Rights Under HB 2259

$25.00
  • Author/Instructor:  Ed Wunch

Fines, Fees, and Due Process - An Update for Defendants' Rights Under HB 2259   The legislature significantly amended the court debt collection process in 2023, making it less likely defendants will be incarcerated for poverty.  This program will summarize the changes and provide advocacy tools to help attorneys advocate for relief from court debt for their clients.   SPEAKER:  Ed Wunch, Legal Aid Services of Oklahoma, Inc. Ed Wunch is a Staff Attorney with Legal Aid Services of Oklahoma, Inc. (LASO), serving in that capacity since 2016. Mr. Wunch’s practice covers a number of areas including criminal justice debt, family law, consumer law, and housing. Mr. Wunch serves as an At-Large member of LASO's Leadership Team, participating in ad hoc appeal and impact case decision committees. Mr. Wunch has also served as the OBA Law Day Committee Chair since 2020.Mr. Wunch received his Bachelor of Arts, magna cum laude, from the University of California, Los Angeles in 2010. Mr. Wunch is a 2013 graduate of the University of California, Irvine School of Law     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/18/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: 1031 Like-Kind Exchanges in Trust and Estate Planning

$85.00
  • Author/Instructor:  Anthony Licata, Susan Wheatley

For clients with significant real estate portfolios in their estates, Section 1031 like-kind exchanges can be a very effective tool for deferring gain. Recent tax legislation has scrambled familiar tax, economic, and practical considerations for making a like-kind exchange, in some circumstances making these techniques more attractive than before, but in others (incoming producing property) less attractive.  There are also substantial real estate law traps in like-kind exchanges.  This program will provide you with a practitioner’s guide to using new like-kind exchange rules in trust and estate planning.    Trust and estate planning opportunities using Section 1031 like-kind exchanges How the 2017 tax law changed conventional considerations of using like-kind exchanges Review of major non-estate tax issues for estate planners when using like-kind exchanges Circumstances when it no long makes sense to use like-kind exchanges for income-producing party Real estate traps when using like-kind exchanges in trust planning   Speakers: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School. Susan Wheatley is a partner in the Cincinnati office of Taft Stettinius & Hollister LLP and chair of its trust and estate planning practice. Her practice focuses on advising clients on their estate and business succession planning.  She also advises clients about sophisticated charitable and gifting giving strategies. She is a Fellow of the American College of Trust and Estate Counsel and an adjunct professor of law at the University of Cincinnati College of Law.  Ms.Wheatley earned her B.A. at Yale University and her J.D. from Northwestern University School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/18/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: 2023 Ethics in Civil Litigation Update, Part 1

$85.00
  • Author/Instructor:  Thomas E. Spahn

This annual ethics update will cover a wide range of ethical developments important to your civil litigation practice.  The program will provide detailed coverage of developments in conflicts of interest in litigation, confidentiality and the attorney-client privilege, and drafting and negotiating settlement agreements.  The program will feature its annual tour of the waterfront of technology issues in litigation practice.  Please join for this annual program which will provide you with a lively discussion of ethical developments important to civil litigation practice. Day 1: ·         Ethics and technology in law practice review ·         Ethics and settlement agreements ·         Recent developments in conflicts of interest, part 1 Day 2: ·         Ethics, evidence and witnesses ·         Developments in confidentiality and preserving the attorney-client privilege ·         Recent developments in conflicts of interest, part 2 Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law    Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.    Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 12/13/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: 2023 Ethics in Civil Litigation Update, Part 2

$85.00
  • Author/Instructor:  Thomas E. Spahn

This annual ethics update will cover a wide range of ethical developments important to your civil litigation practice.  The program will provide detailed coverage of developments in conflicts of interest in litigation, confidentiality and the attorney-client privilege, and drafting and negotiating settlement agreements.  The program will feature its annual tour of the waterfront of technology issues in litigation practice.  Please join for this annual program which will provide you with a lively discussion of ethical developments important to civil litigation practice. Day 1: ·         Ethics and technology in law practice review ·         Ethics and settlement agreements ·         Recent developments in conflicts of interest, part 1 Day 2: ·         Ethics, evidence and witnesses ·         Developments in confidentiality and preserving the attorney-client privilege ·         Recent developments in conflicts of interest, part 2 Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law    Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.    Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 12/14/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: 2023 Ethics Update, Part 1

$85.00
  • Author/Instructor:  Lucian T. Pera, William Freivogel, Thomas E. Spahn

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attoarney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.   Day 1: ·         Ethics and technology: A Potpourri ·         Ethics, competence, and AI: What are competence and the unauthorized practice of law in a specialized world? ·         Emerging issues in conflicts of interest, part 1   Day 2: ·         Ethics of firing a client ·         Ethics and client development ·         Emerging issues in conflicts of interest, part 2     Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 12/26/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: 2023 Ethics Update, Part 2

$85.00
  • Author/Instructor:  Lucian T. Pera, William Freivogel, Thomas E. Spahn

This annual ethics program will provide you with a round-table discussion of practical ethical issues important to your practice. The program will provide you with an engaging discussion of ethics developments involving technology and law practice, conflicts of interest, and attoarney-client communications in a digital world where no one is truly unplugged. The panel will also discuss the ethics of withdrawing from a matter and firing a client and the ethics of developing new business.  This program will provide you with a wide-ranging discussion of practical ethics developments important to your practice.   Day 1: ·         Ethics and technology: A Potpourri ·         Ethics, competence, and AI: What are competence and the unauthorized practice of law in a specialized world? ·         Emerging issues in conflicts of interest, part 1   Day 2: ·         Ethics of firing a client ·         Ethics and client development ·         Emerging issues in conflicts of interest, part 2     Speakers: Lucian T. Pera is a partner in the Memphis office of Adams & Reese, LLP.  His practice includes professional malpractice litigation as well as counseling lawyers and law firms in the area of ethics and professional responsibility.  He was a member of the ABA’s Ethics 2000 Commission and is co-author of "Ethics and Lawyering Today," a national e-mail newsletter on lawyer ethics, which is accessible at: www.ethicsandlawyering.com.  Before entering private practice, he served as a judicial clerk to Judge Harry W. Wellford of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Pera received his A.B. with honors from Princeton University and his J.D. from Vanderbilt University School of Law. William Freivogel is the principal of Freivogel Ethics Consulting and is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for 20 years.  He is chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at www.freivogelonconflicts.com.  Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B. Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 12/27/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Capital Calls – Agreements to Contribute More Capital Over Time

$85.00
  • Author/Instructor:  C. Ben Huber

Many companies need additional capital to fund current operations and fuel growth.  When raising capital, these companies often look first to their existing investor base. The company may build into its operative documents – shareholder agreements, operating agreements, even its articles of incorporation or organization – a plan whereby the company can “call” on existing investors to contribute additional capital. There are various mechanisms for achieving these types of “capital calls” and adjusting the ownership interests and other rights of incumbent investors who do not contribute additional capital. This program will provide you a practical guide to planning capital calls in closely held businesses, including how to adjust the financial and governance rights of the company’s owners.   Advantages/disadvantages of requiring capital from existing investor base over time Forms of follow-on contributions – pro-rata and other structures Readjustment of stake in company when certain investors do not participate – dilution issues Voting, informational and related issues on the contribution of additional capital Obtaining additional capital from investors beyond the original Counseling clients about potential investor group disputes   Speaker:   C. Ben Huber is a partner in the Denver office of Greenburg Traurig, LLP, where he has a broad transactional practice encompassing mergers and acquisitions, restructurings and reorganizations, corporate finance, capital markets, venture funds, commercial transactions and general corporate law.  He also has substantial experience as counsel to high tech, biotech and software companies in the development, protection and licensing of intellectual property.  His clients include start-up companies, family- and other closely-held businesses, middle market business, Fortune 500 companies, venture funds and institutional investors.  Mr. Huber earned his B.A. from the University of Colorado and his J.D. at the University of Colorado Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/19/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Diversity, Equity & Inclusion in Law Practice

$85.00
  • Author/Instructor:  Anthony Licata

This program will provide you with a practical guide to diversity, inclusion, and equity in law firms and in clients. The program will discuss the value of diversity and inclusion, including how it fosters collegiality, greater client value, and organizational and personal growth.  The panel will look at real world case studies of what types of diversity training work and help law firms – and also review those types of training that do not work. The program cover best practices not only for law firms but also for advising clients on developing diversity, inclusion, and equity training and practices.   Types of diversity – internal, external, organizational, and worldview Racial and ethnic, generational and age, gender, socio-economic diversity Training to raise awareness of unconscious bias v. promoting allyship and inclusivity What types of diversity training work – and what types do not work? Best practices in helping law firms and their clients grow in diversity, inclusion and equity   Speaker: Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 11/16/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Diversity, Equity & Inclusion in Law Practice

$85.00
  • Author/Instructor:  Anthony Licata

This program will provide you with a practical guide to diversity, inclusion, and equity in law firms and in clients. The program will discuss the value of diversity and inclusion, including how it fosters collegiality, greater client value, and organizational and personal growth.  The panel will look at real world case studies of what types of diversity training work and help law firms – and also review those types of training that do not work. The program cover best practices not only for law firms but also for advising clients on developing diversity, inclusion, and equity training and practices.   Types of diversity – internal, external, organizational, and worldview Racial and ethnic, generational and age, gender, socio-economic diversity Training to raise awareness of unconscious bias v. promoting allyship and inclusivity What types of diversity training work – and what types do not work? Best practices in helping law firms and their clients grow in diversity, inclusion and equity   Speaker:   Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.  Mr. Licata received his B.S., summa cum laude, from MacMurray College and his J.D., cum laude, from Harvard Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 12/1/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Drafting Demand Letters

$85.00
  • Author/Instructor:  Shannon M. Bell

Demand letters may seem like they’re merely hammer-strokes, the first blow of litigation.  But the most effective demand letters are more subtly crafted.  Tone is important.  Vitriolic letters – letters that do not keep a client’s goals in mind and misjudge the reader’s range of likely reactions – may be counterproductive.  Rather than moving the process toward a good outcome, the letter may actually result in setbacks and greater costs.  There’s a subtle balance between precision and vagueness, stimulating favorable response by being sufficiently vague so that the reader speculates about adverse consequences. There’s also the issue of how much of your case – favorable facts and persuasive law – to include in the letter. This program will provide you with a real-world guide to setting goals and carefully crafted demand letters to advance client goals. ·         Setting goals and realistic expectations ·         Striking the right tone – how aggressive is too aggressive? ·         Precision v. vagueness - leaving room for speculation and negotiation. ·         How much of your case – the facts and the law – to include in the letter? ·         Common traps and mistakes in demand letters  Speaker: Shannon M. Bell is a member with Kelly Law Partners, LLC, where she litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues.  Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen.  She also represents clients in claims of shareholder and officer liability, piercing the corporate veil, and derivative actions.  She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics.  Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 11/9/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Drafting Employee Handbooks

$85.00
  • Author/Instructor:  Stefanee Handon

Employee handbooks define the relationship of employer and employee for most employees.  These handbooks establish leave policies, polices for working from home, sick leave, and grounds for dismissal. They also help ensure the protection of employer trade secrets.  In a highly interconnected age, they establish policies for the use of smartphones, tablets, and other devices on and for the job. If a handbook is carefully planned and drafted, it provides for a stable workplace, reducing the risk of employer liability.The absence of a handbook can lead to just the opposite – a workplace with ad hoc policies and abounding risk.  This program will provide you with a practical guide to drafting employee handbooks. ·         Essential elements of employee handbooks ·         Work from home policies and protections ·         Ensuring handbooks are not enforceable contracts and are subject to change by employers ·         Compliance with EEO laws, including the ADA, FMLA and others ·         Prohibition of discrimination, harassment, and other unlawful conduct ·         Defining workplace policies for personal smartphones, tablets, and other devices ·         Time off, leave of absence, and discipline and dismissal procedures   Speaker:   Stefanee Handon is an attorney in the Washington, D.C. office of Paul Hastings, LLP, where she represents employers in all aspects of employment law, including wage and hour compliance, fair employment practices, and individual employment rights.  She also counsels employers on all aspects of the employer-employee relationship, including hiring, pay, promotion, and termination.         Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 11/27/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Drafting Employment Agreements for Commission-based Employees

$85.00
  • Author/Instructor:  Jennifer S. Baldocchi

Every organization depends on generating sales, often sales made by sales agents.  Drafting agreements for salespeople is complex and unlike other employment agreements. The primary task is defining a workable sales commission and incentive structure that is durable while the sales agent works for your client and that limits legal liability and practical damage after the sales agent separates from employment.  There are also complex issues of post-employment payments, internal reporting and support, and preserving the confidentiality of proprietary employer information such as client/customer lists, pricing schedules, vendor information and more after the sales agent has departed – perhaps to a competitor. This program will provide you with a practical guide to drafting sales agents’ agreements for business clients.   ·         Commission and incentive structures – and common traps after an agent departs ·         Differences between employee v. independent contractor sales staff ·         Common traps employers make in including unlawful terms ·         Wage and hour issues in commission and incentive compensation agreements ·         Protecting client and price lists, vendor information & other sensitive information when a sales agent leaves ·         Scope of protectable interests and practical steps required to enforce confidentiality   Speaker:   Jennifer S. Baldocchi is a partner in the Los Angeles office of Paul Hastings, LLP, and co-chair of the firm’s employment department. She has a broad-based employment practice, with a focus on intellectual property, including employee mobility, trade secrets, covenants not to compete, unfair competition, and related business tort claims. Her practice also involves advising and defending employers in complex employment claims such as wrongful discharge, discrimination, retaliation, and harassment. She also counsels clients in wage and hour issues and investigations.  Ms. Baldocchi earned her B.A., with honors, from the University of California, Berkeley, and her J.D. from Loyola Law School.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/16/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Drafting Guarantees in Real Estate Transactions

$85.00
  • Author/Instructor:  John S. Hollyfield

Guarantees undergird most real estate transactions.  Lenders, investors and others are often unwilling or unable to finance or otherwise support a real estate transaction without certain substantial guarantees.  These guarantees may concern repayment of loan proceeds or performance of other services – construction, maintenance and waste prevention, environmental indemnity, etc.  The scope of guarantees is highly negotiated, particularly whether the guarantee is recourse or non-recourse and the scope of carve-outs from the guarantees. This program will provide you with a practical guide to negotiating and drafting guarantees in real estate transactions.    Types of guarantees – payment, performance, collection, completion Essential elements of a guarantee – consideration, scope, carve-outs, waivers Guarantees for property maintenance/no waste, environmental indemnity and other non-financial concerns Carve-outs – full v. partial, fraud, misappropriation, misapplication, failure to maintain, insurance, and more Guarantees of construction loans   Speaker:   John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 11/6/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Drafting Legal Holds in Civil Litigation

$85.00
  • Author/Instructor:  Stanley E. Woodward Jr.

Legal holds are essential documents in civil litigation.  Presented by one party to the other, often by the plaintiff to the defendant in anticipation of filing a complaint, the hold demands the other party preserve specified evidence – documents or other items – which is essential underlying claiming.  But these no mere matter of issuing a form letter. Their scope and demands must be carefully tailored to the underlying claim. There are also issues of notice, who should receive the hold, remedies for breach, and potentially sanctions. This program will provide you with a practical guide to planning and drafting legal holds in civil litigation. ·         Giving notice of a litigation hold – and practical legal effect ·         Who should receive the hold? ·         Defining the scope of hold ·         Standards in federal and state courts ·         Electronically stored information – preservation v. pulling ·         Termination of litigation ·         Remedies for violation of hold – sanctions, adverse judgement Speaker:   Stanley E. Woodward Jr. is partner with Brand | Woodward, where he has a broad civil litigation and white collar criminal defense practice.  He also conducts internal corporate investigations.  He serves as an adjunct professor of law at Catholic University of America Columbus School of Law, where he teaches pre-trial litigation and employment law. Before entering private practice, he served as a judicial clerk to Judge Vanessa Ruiz of the District of Columbia Court of Appeals, and Judges Joan Zeldon and Judge Rufus King III of the Superior Court of the District of Columbia.  Mr. Woodward earned his B.A., cum laude, and his M.S., magna cum laude, from American University, and his J.D., cum laude, from The Catholic University of America Columbus School of Law.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/11/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Drafting Sales Agreements: UCC Issues and More

$85.00
  • Author/Instructor:  Christopher Tompkins

The sale of goods is one of the most common forms of commercial transactions.  The sales contracts governing these transactions can be quite complex and they must all comply with the Uniform Commercial Code Article 2.  The UCC governs contract formation, express and implied warranties, and outlines forms of breach of contract and types of remedies.  Compliance with the code enhances enforceability of the contract and expedites remedies upon breach.  However, when its many requirements are overlooked, contracts for sale of goods may be invalid and the underlying transaction void. This program will provide you with a practical guide to drafting and reviewing contracts for the sale of goods under UCC Article 2. ·         “Battle of forms,” methods of acceptance or rejection, and electronic contracting ·         Delivery, acceptance or rejection of goods by buyer ·         Breaches for failure to deliver, non-conforming product, repudiation, failure to pay ·         Types and measure of damages for breach of contract by seller or buyer ·         Express and implied warranties – fitness for purpose, merchantability, title infringement ·         Disclaimer of warranties and other techniques to limit scope of liability Speaker: Christopher Tompkins is a partner in the Chicago office of Jenner & Block, LLP, where he counsels clients in such areas as breach of contract, the Uniform Commercial Code, equipment leasing, business torts, and intellectual property.  He has handled all phases of litigation in state and federal court and before arbitration tribunals, including pre-litigation investigation, motion practice, discovery, working with expert witnesses, trial and appeal.Previously, he served as a legislative intern for the National Council of Commissioners on Uniform State Laws where he worked on legislation related to commercial law.  Mr. Tompkins received his B.A., cum laude, from The Catholic University of America and his J.D., magna cum laude, from Loyola University Chicago School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 11/20/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Estate Planning for Digital Assets

$85.00
  • Author/Instructor:  Michael Sneeringer

Some of the most valuable assets a client has are the most difficult to define, value, and transfer on death.  “Digital assets” – everything from digital music and pictures stored online, to bank and credit card reward programs, Facebook pages and online TurboTax files, bank and retirement account credentials – are a class of asset that every client has, yet planning for them is new.  These assets are not governed by a conventional set of federal or state laws, rather by a complex set of rules set by a variety of organizations, none of which are standardized but which planners need to understand nonetheless to satisfy client expectations.  This program will provide you guide to the nature of digital assets, how they are controlled, and how to plan for them.   ·         Digital assets in estate planning – defining and transferring them on death ·         How failure to plan for these assets can scuttle estate plans and disappoint client expectations ·         Fiduciary access to digital assets under current law ·         Practical planning for digital assets – what works, what doesn’t, and what’s not at all clear ·         How user polices impact the planning process – what you need to know about how these assets are titled and controlled ·         How federal law impacts the planning process and unconventional planning issues   Speaker: Michael Sneeringer is an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.  Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 11/22/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Ethical Issues for Small Law Firms: Technology, Paralegals, Remote Practice & More

$85.00
  • Author/Instructor:  Thomas E. Spahn and H. Michael Drumm

Solo and small firm practitioners wear many hats. They practice law but also run the office and manage all of its information technology – file storage, email, and Web sites.  They may supervise paralegals or contract attorneys. They also need to be attentive to developing new clients. Each of these and other roles comes with ethical issues and traps.  Email, file storage, and law firm web sites implicate issues of competence, confidentiality, and potentially the attorney-client privilege.  Supervising paralegals or junior attorneys implicates supervisory ethics and conflicts of interest.  Client development also implicates a range of ethics issues.  It’s a lot to manage for a firm of any size, but particularly for smaller firms.This program will provide you with a practical guide to major ethics issues for solo and small firm practitioners.   ·         Ethical issues for small law firms and solo practitioners ·         Technology – storing client files in “the Cloud,” email traps, and remote networks ·         Pooled Resources – shared office/meeting space, shared support staff, shared technology ·         Client Development – web sites and lawyer biographies, email/newsletters, social media, advertising and more ·         Paralegals – training and billing, confidentiality and the attorney-client privilege ·         Co-Counsel – ethical responsibilities when practicing with other lawyers   Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.   H. Michael Drumm is the founder and member of Drumm Law, LLC in Denver, Colorado, where he has an extensive franchise, trademark and business transactional practice.  He works with franchisors across industries nationwide helping them draft, file and renew their franchise Disclosure Documents and franchise agreements.  He has a specialty representing craft breweries to help them trademark their brands and protect their intellectual property. He has been repeatedly honored by Franchise Times magazine as a “Legal Eagle” and has been designated by the International Franchise Association as a “Certified Franchise Executive.”  Mr. Drumm received his BSBA from the University of Missouri-Columbia and his J.D. from the University of Texas School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 12/28/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Ethical Issues in Contract Drafting

$85.00
  • Author/Instructor:  Thomas E. Spahn

Negotiating, drafting and reviewing contracts are processes fraught with ethical issues.  Negotiations sometimes require zealous advocacy, taking maximal positions; other times, they require delicacy and balance. Reviewing and drafting complex contracts is a similar ethical minefield. If you discover that the draft of a contract contains materially incorrect assumptions about the law but which will benefit your client, do you have the duty to disclose or correct the error?  In the same way, if the contract contains faulty assumptions about material facts, must you disclose those faulty assumptions?  And how do these rules apply when drafting a contract?  This program will provide you with a real world guide to the ethics of negotiating, drafting and reviewing contracts. ·         The law – when you know a counterparty has made faulty assumptions benefiting your client, must you say? ·         The facts – when a counterparty makes faulty factual assumptions, must you correct? ·         Ethics and rescission – are you ever ethically obligated to rescind or restate a contract? ·         Ethics in negotiations – what’s the line between zealous representation and deception? Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a broad complex commercial, business and securities litigation practice. He also has a substantial practice advising businesses on properly creating and preserving the attorney-client privilege and work product protections.  For more than 20 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 12/29/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Ethical Issues When Representing the Elderly

$85.00
  • Author/Instructor:  Thomas E. Spahn, Missia H. Vaselaney

Many ethical issues arise when lawyers represent elderly clients.  Foremost among these issues is determining whether a client has the capacity to make valid decisions – and if not, then what? There are many conflict of interest issues, including whether direction is taken from the elderly person or another person (often an adult child) who is paying for the representation. There are also issues involving the exercise of undue influence by a caregiver or other person, including the validity of gifts to that person. Issues of preserving confidentiality and the attorney-client privilege when meetings are held in the presence of children or caregivers are also very important. This program will provide you with a practical guide to the most important ethical issues when lawyers represent elderly clients.   Determining whether your elderly client has capacity – and identifying your client Practical alternatives if you determine a client doesn’t have capacity Conflicts of interest between the elderly client and the person paying for the representation, including the validity of gifts Preserving confidentiality and the attorney-client privilege when a caregiver or third party is in client meetings Clients who lose capacity during a continuing representation Ethical issues involved with undue influence over the elderly – what should you do? Elder abuse issues – how to spot it and what to do if you discover it   Speakers: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School. Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 11/8/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Ethics and Client Money: Trust Funds, Expenses, Setoffs & More

$85.00
  • Author/Instructor:  Thomas E. Spahn

Whenever an attorney takes money from a client – for fees billed, to cover expenses, as a retainer, or held in trust – there are substantial ethical issues involved.  Many ethical complaints arise from accusations that an attorney mishandled funds. In billing and collecting fees and expenses, there are issues about whether the fees and expenses were explained in advance and are proper in relation to services provided.  If an attorney accepts credit cards from clients, there are significant issues related to disclosure, Truth-in-Lending laws, chargebacks, pass-through of merchant processing fees, and confidentiality.  In trust funds, there are issues of segregation of funds, accounting, and more. This program will provide you with a practical guide to the many ethical issues that arise when attorneys, clients, and money mix.   Traps in trust fund accounting and the risks of “set-offs” of disputed amounts Disclosure and documentation of trust accounting of client money Retainers – use, accounting, and regular communications Accepting credit card payments from clients –  pass-through processing fees, Truth-in-Lending, disclosure and confidentiality Confidentiality when a client has a dispute with his credit card company – ethical tension of client duties and contractual obligations Use of credit cards to fund a retainer and related trust fund accounting issues – trust funds v. operating funds   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 11/1/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Exit Strategies: Selling Companies to Employees, Part 1

$85.00
  • Author/Instructor:  Paul Kaplun

Many closely held companies have only two potential sets of buyers – family members of the founding generation or managers and other employees of the enterprise. The market of third-party buyers for closely held companies can be very thin, so that when family members are not suitable buyers of a company, often the best solution is to sell to employees. But sales to employees are unlike sales to third-parties or family members, involving complex issues of how to finance the sale, transition management and control of the enterprise, retain key employees, and tax treatment. This program will provide you with a detailed discussion of the major issues of selling to employees, including valuation, how the sale price is financed, transition periods, retaining employees not in the buyout group, and tax treatment.   Day 1: ·         Long-range planning of sales to employees – and benefits over selling to third parties or family members ·         Negotiating with employees over sales price and valuation issues ·         Transitions of management control, including retaining seller/founder for a period of time ·         Practical governance issues when employees are identified as potential buyers   Day 2: ·         Overview of alternative structures and the tradeoffs of each ·         ESOPs – structural, practical and tax issues, including leveraged buyout options ·         Use of company redemptions of founders to accomplish a transfer ·         Crucial issues in drafting “earnouts” on sales to employees ·         Seller financing options, including long-term notes and security interest in assets   Speakers: Paul Kaplun is a partner in the Washington, D.C. office of Venable, LLP where he has an extensive corporate and business planning practice, and provides advisory services to emerging growth companies and entrepreneurs in a variety of industries. He formerly served as an Adjunct Professor of Law at Georgetown University Law Center, where he taught business planning.  Before entering law practice of law, he was a Certified Public Accountant with a national accounting firm, specializing in corporate and individual income tax planning and compliance.  Mr. Kaplun received his B.S.B.A., magna cum laude, from Georgetown University and J.D. from Georgetown University Law Center.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/5/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Exit Strategies: Selling Companies to Employees, Part 1

$85.00
  • Author/Instructor:  Paul Kaplun

Many closely held companies have only two potential sets of buyers – family members of the founding generation or managers and other employees of the enterprise. The market of third-party buyers for closely held companies can be very thin, so that when family members are not suitable buyers of a company, often the best solution is to sell to employees. But sales to employees are unlike sales to third-parties or family members, involving complex issues of how to finance the sale, transition management and control of the enterprise, retain key employees, and tax treatment. This program will provide you with a detailed discussion of the major issues of selling to employees, including valuation, how the sale price is financed, transition periods, retaining employees not in the buyout group, and tax treatment.   Day 1: ·         Long-range planning of sales to employees – and benefits over selling to third parties or family members ·         Negotiating with employees over sales price and valuation issues ·         Transitions of management control, including retaining seller/founder for a period of time ·         Practical governance issues when employees are identified as potential buyers   Day 2: ·         Overview of alternative structures and the tradeoffs of each ·         ESOPs – structural, practical and tax issues, including leveraged buyout options ·         Use of company redemptions of founders to accomplish a transfer ·         Crucial issues in drafting “earnouts” on sales to employees ·         Seller financing options, including long-term notes and security interest in assets   Speakers: Paul Kaplun is a partner in the Washington, D.C. office of Venable, LLP where he has an extensive corporate and business planning practice, and provides advisory services to emerging growth companies and entrepreneurs in a variety of industries. He formerly served as an Adjunct Professor of Law at Georgetown University Law Center, where he taught business planning.  Before entering law practice of law, he was a Certified Public Accountant with a national accounting firm, specializing in corporate and individual income tax planning and compliance.  Mr. Kaplun received his B.S.B.A., magna cum laude, from Georgetown University and J.D. from Georgetown University Law Center.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/30/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Exit Strategies: Selling Companies to Employees, Part 2

$85.00
  • Author/Instructor:  Paul Kaplun

Many closely held companies have only two potential sets of buyers – family members of the founding generation or managers and other employees of the enterprise. The market of third-party buyers for closely held companies can be very thin, so that when family members are not suitable buyers of a company, often the best solution is to sell to employees. But sales to employees are unlike sales to third-parties or family members, involving complex issues of how to finance the sale, transition management and control of the enterprise, retain key employees, and tax treatment. This program will provide you with a detailed discussion of the major issues of selling to employees, including valuation, how the sale price is financed, transition periods, retaining employees not in the buyout group, and tax treatment.   Day 1: ·         Long-range planning of sales to employees – and benefits over selling to third parties or family members ·         Negotiating with employees over sales price and valuation issues ·         Transitions of management control, including retaining seller/founder for a period of time ·         Practical governance issues when employees are identified as potential buyers   Day 2: ·         Overview of alternative structures and the tradeoffs of each ·         ESOPs – structural, practical and tax issues, including leveraged buyout options ·         Use of company redemptions of founders to accomplish a transfer ·         Crucial issues in drafting “earnouts” on sales to employees ·         Seller financing options, including long-term notes and security interest in assets   Speakers: Paul Kaplun is a partner in the Washington, D.C. office of Venable, LLP where he has an extensive corporate and business planning practice, and provides advisory services to emerging growth companies and entrepreneurs in a variety of industries. He formerly served as an Adjunct Professor of Law at Georgetown University Law Center, where he taught business planning.  Before entering law practice of law, he was a Certified Public Accountant with a national accounting firm, specializing in corporate and individual income tax planning and compliance.  Mr. Kaplun received his B.S.B.A., magna cum laude, from Georgetown University and J.D. from Georgetown University Law Center.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/6/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Exit Strategies: Selling Companies to Employees, Part 2

$85.00
  • Author/Instructor:  Paul Kaplun

Many closely held companies have only two potential sets of buyers – family members of the founding generation or managers and other employees of the enterprise. The market of third-party buyers for closely held companies can be very thin, so that when family members are not suitable buyers of a company, often the best solution is to sell to employees. But sales to employees are unlike sales to third-parties or family members, involving complex issues of how to finance the sale, transition management and control of the enterprise, retain key employees, and tax treatment. This program will provide you with a detailed discussion of the major issues of selling to employees, including valuation, how the sale price is financed, transition periods, retaining employees not in the buyout group, and tax treatment.   Day 1: ·         Long-range planning of sales to employees – and benefits over selling to third parties or family members ·         Negotiating with employees over sales price and valuation issues ·         Transitions of management control, including retaining seller/founder for a period of time ·         Practical governance issues when employees are identified as potential buyers   Day 2: ·         Overview of alternative structures and the tradeoffs of each ·         ESOPs – structural, practical and tax issues, including leveraged buyout options ·         Use of company redemptions of founders to accomplish a transfer ·         Crucial issues in drafting “earnouts” on sales to employees ·         Seller financing options, including long-term notes and security interest in assets   Speakers: Paul Kaplun is a partner in the Washington, D.C. office of Venable, LLP where he has an extensive corporate and business planning practice, and provides advisory services to emerging growth companies and entrepreneurs in a variety of industries. He formerly served as an Adjunct Professor of Law at Georgetown University Law Center, where he taught business planning.  Before entering law practice of law, he was a Certified Public Accountant with a national accounting firm, specializing in corporate and individual income tax planning and compliance.  Mr. Kaplun received his B.S.B.A., magna cum laude, from Georgetown University and J.D. from Georgetown University Law Center.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/31/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Lawyer Ethics and Texting

$85.00
  • Author/Instructor:  Thomas E. Spahn

Text messaging has become a mainstream form of communication.  Clients now routinely text their lawyers about pending matters.  They may ask about the status of a case, provide facts about a case, communicate decisions to a lawyer, or message other sensitive information.  These messages are often to a lawyer’s mobile phone that is used extensively for personal purposes, unsecured in their transmissions, and easily accessible by third parties. This new wave of lawyer-client communication raises many difficult ethical questions, including preservation of the attorney-client privilege.   This program will provide you with a guide to the major ethics issues when lawyers and their clients text message about pending matters.   ·         Confidentiality issues involving unsecured transmission of texts involving sensitive case issues ·         How to handle mobile phones used for both personal purposes and law practice ·         Potential loss of the attorney-client privilege when text messages are accessible by third parties ·         Tension among the duties of competence, prudence and to communicate with clients ·         Understanding the ethical risks and counseling clients about the risks to their case when texting   Speaker: Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections.  For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation.  Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee.  He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/23/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Mother Nature & Leases: Drafting Issues to Protect Against Storm & Other Damage

$85.00
  • Author/Instructor:  Richard R. Goldberg

As extreme weather becomes more common, landlords and tenants are spending more time with overlooked lease provisions on weather-related damage.  When a weather or other “Act of God” event occurs, the tenants often have a wider array of remedies, including sometimes termination of the lease, and landlord’s see their risk (and thereby their costs) increase substantially.  As the probability of these events become less than trivial, it’s important reassess whether “boiler-plate” provisions still make economic and risk-management sense. This program will provide you with a real-world guide to drafting and reviewing weather-related and other force majeure provisions in commercial leases. ·         Intricacies of force majeure clauses in leases ·         Termination rights – triggers for landlords and tenants ·         Economic concessions – rent abatement and other financial considerations ·         Duty of landlord to restore, rights of tenant to access property & construction issues ·         Practical, timely and cost-effective assertion of rights Speaker: Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 12/4/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Nonprofits and Commercial Real Estate

$85.00
  • Author/Instructor:  Michael Lehmann

Nonprofit and exempt organizations are often attracted to real estate because the asset class is seen as comparatively safe yet offers opportunities for long-term appreciation and, perhaps, ongoing income.  Even if these investment assumptions prove correct, real estate assets – ownership of exiting property, development of new property, or leasing activities – implicate a range of restrictions, complications, and compliance obligations.  These include regulatory restrictions depending on whether the real estate investment furthers the entity’s charitable purpose or not; collaborations with for-profit joint ventures; and debt financing of investments.  This program will provide you with a real world guide to advising nonprofit and exemption organization clients about real estate activities. ·         Use of 501(c)(3) funds for real estate acquisition and development ·         Restrictions of using nonprofit/exempt organization funds in for-profit real estate transactions ·         Compliance issues for nonprofit/exempt organizations participating in real estate deals ·         Planning for event something goes wrong – how to limit damage to for-profit and nonprofit Speaker: Michael Lehmann is a partner in the New York office of Dechert, LLP, where he specializes in tax issues related to non-profits and in the tax treatment of cross-border transactions.  He advises hospitals and other health care providers, research organizations, low-income housing developers, trade associations, private foundations and arts organizations.  He advises clients on obtaining and maintaining tax-exempt status, executive compensation, reorganizations and joint ventures, acquisitions, and unrelated business income planning.  Mr. Lehmann received his A.B., magna cum laude, from Brown University, his J.D. from Columbia Law School, and his LL.M. from New York University School of Law.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 11/2/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Talking About Wealth Transfer Plans: Practical Strategies to Avoid Disputes Among Beneficiaries

$85.00
  • Author/Instructor:  Daniel L. Daniels

Transferring wealth often unearths long-deferred issues that may complicate or even subvert the best laid trust and estate plans. Heirs may have expectations about their inheritance that are unrealistic. Certain children may expect to take control of a family business. There are often interpersonal resentments or animosities among children of different marriages. Sometimes, too, there are children from a relationship that was previously unknown.  These and many other issues need to be explored before plans are formulated and documents drafted.  But raising these issues is a very delicate conversation which sometimes takes lawyers to the edge of their comfort zone. This program will provide you a practical guide to raising these issues and counseling clients about the legal issues involved.   ·         Communicating wealth transfer plans before the death of a client ·         When to have those conversations – timing is everything ·         How to broach uncomfortable topics and pose unpopular choices ·         Anticipating visceral reactions and strategies to avoid estrangement and dispute ·         How trustee choices may impact beneficiary reactions   Speaker:   Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 12/11/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: The Law of Background Checks: What Clients May/May Not ‘Check

$85.00
  • Author/Instructor:  Felicia Davis

Background checks are an exercise in risk management in hiring. Employers want to align an applicant’s skills with a job profile, reducing the likelihood the hire will not work out or, worse yet, cause the employer liability. This typically means that the employer wants as much information as possible on job candidates. But background checks themselves are fraught with potential liability. There are many categories of questions that employers may not ask applicants; and if they do ask these questions, they open themselves to liability. This program will provide you with a real-world guide to what is allowed and what is not allowed in background checks, and best practices for using that information and avoiding liability. Framework of laws impacting background checks, including the Fair Credit Reporting Act What an employ may/may not ask – criminal arrest history, marital status, age, credit history, and other bases Social media background checks Liability for improper/discriminatory use of background checks Counseling clients about best practices in conducting/using background checks Speaker: Felicia Davis is an attorney in the Los Angeles office of Paul Hastings, LLP where she represents employers in all aspects of labor and employment law, including discrimination, retaliation, harassment, religious accommodation and wage and hour issues, in both single-plaintiff and class-action matters. She has also represented clients in disability access litigation under Title III. She has served as lead attorney on single and multi-plaintiff matters, successfully defending lawsuits alleging discrimination, retaliation, and wrongful discharge as well as collective bargaining agreement violations. She is a member of the ABA Labor and Employment Law Committee on Technology in the Practice and Workplace (Planning Committee). Ms. Davis received her B.A., cum laude, from Claremont McKenna College and her J.D. from the University of California at Los Angeles.   Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/2/23
    Presented
  • DETAILS
Course1

LIVE REPLAY: Trust & Estate Planning for Religious and Philosophical Beliefs

$85.00
  • Author/Instructor:  Daniel L. Daniels

Every trust and estate plan reflects the values of the client.  These values are often rooted, consciously or not, in religious, philosophical or ethical belief systems.  Some clients choose to make these values explicit in their plans and documents.  This can be sensitive terrain for lawyers, not always familiar with integrating explicit religious, philosophical, and ethical statements into legal documents. Understanding the purposes of clients, advising clients about the real limits of what the law can accomplish or will allow, and drafting documents for these clients can be a major challenge.  This program will discuss advising clients about integrating religious, philosophical and ethical beliefs into their trust and estate plans. ·         Understanding and documenting client beliefs and the purposes they seek to achieve in trust and estate plans ·         Counseling clients about what can be practically achieved and the limitations of law ·         Anticipating possible post-mortem challenges and steps to enhance enforceability and mitigate litigation ·         Practical guidance on drafting underlying legal or supplementary documents – and common traps Speaker:   Daniel L. Daniels is a partner in the Greenwich, Connecticut office of Wiggin and Dana, LLP, where his practice focuses on representing business owners, corporate executives and other wealthy individuals and their families.  A Fellow of the American College of Trust and Estate Counsel, he is listed in “The Best Lawyers in America,” and has been named by “Worth” magazine as one of the Top 100 Lawyers in the United States representing affluent individuals. Mr. Daniels is co-author of a monthly column in “Trusts and Estates” magazine.  Mr. Daniels received his A.B., summa cum laude, from Dartmouth College and received his J.D., with honors, from Harvard Law School.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 11/13/23
    Presented
  • DETAILS
Course1

Offices Leases: Current Trends & Most Highly Negotiated Provisions

$85.00
  • Author/Instructor:  Anthony Licata

Offices Leases: Current Trends & Most Highly Negotiated Provisions Leases for office space have their own logic, economics, and traps.  Next to customary issues of the allocation and payment of operating expenses, there are issues of building services, including access to high-speed data and telecommunication networks.  Many tenants are also motivated by energy efficiency and the environmental sustainability of their space.  If the space is occupied by medical or dental practice, the landlord needs to be concerned about waste disposal and other environmental issues.  Throughout an office lease there are traps for the unwary. This program will provide you a detailed guide to reviewing and drafting office leases, including building services, operating expenses, and expanding or contracting space.   ·         Economics of office leases – and protecting landlord margins ·         Building services – telecom and data bandwidth issues ·         Operating expenses – taxes, insurance, fees and penalties ·         Special issues for medical and dental practices ·         Make-ups and give-backs – strategies for tenants and practical responses of landlords ·         Assignment and subletting – consent of landlord, other issues ·         Liability issues – insurance and indemnity, waiver of subrogation, waiver of right to sue   Speaker:   Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice.  He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use.  He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/12/23
    Presented
  • DETAILS
Course1

Private Placements: Raising Capital from Investors, Part 1

$85.00
  • Author/Instructor:  S. Lee Terry

Private Placements: Raising Capital from Investors, Part 1 Closely held companies raise capital through private placements, an offering of stock or other securities to private investors. Offerings of every size must comply with a dense set of federal securities regulation that require the offering of securities to be registered with the Securities and Exchange Commission or qualify for an exemption from registration, mostly commonly Regulation D.  Failure to understand the regulatory framework and draft private placement documents exposes the offering company to substantial financial liability. This program will provide you with a practical guide to planning private placements, drafting the operative agreements, and understanding the regulatory framework governing them.   Day 1: ·         How private placements are used as a practical matter in capital raises ·         Understanding the securities law and regulatory framework of private placements ·         Reliance on Reg. D safe harbor to avoid registration – amounts raised, accredited investor, timeframes, non-solicitation ·         Understanding exempt securities v. exempt offerings   Day 2: ·         Practical guidance on drafting subscription agreements ·         Understanding disclosures in offering documents and liability for issuer of securities ·         Special issues for small private placements ·         Crowdfunding as a capital raising tool   Speaker: S. Lee Terry is a partner in the Denver office of Davis, Graham & Stubbs, LLP, where he has a broad corporate and securities practice.  He advises clients on mergers and acquisitions, joint ventures, partnership agreements, licensing and other technology related contracts.  He has an active practice advising private companies, ranging from capital raising and major transactions to dispute resolution and investigations. He also has an extensive securities law practice, including various types of capital raising transactions.  Earlier in his career, he worked in the Office of General Counsel of the Securities and Exchange Commission.      Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/25/23
    Presented
  • DETAILS
Course1

Private Placements: Raising Capital from Investors, Part 2

$85.00
  • Author/Instructor:  S. Lee Terry

Private Placements: Raising Capital from Investors, Part 2 Closely held companies raise capital through private placements, an offering of stock or other securities to private investors. Offerings of every size must comply with a dense set of federal securities regulation that require the offering of securities to be registered with the Securities and Exchange Commission or qualify for an exemption from registration, mostly commonly Regulation D.  Failure to understand the regulatory framework and draft private placement documents exposes the offering company to substantial financial liability. This program will provide you with a practical guide to planning private placements, drafting the operative agreements, and understanding the regulatory framework governing them.   Day 1: ·         How private placements are used as a practical matter in capital raises ·         Understanding the securities law and regulatory framework of private placements ·         Reliance on Reg. D safe harbor to avoid registration – amounts raised, accredited investor, timeframes, non-solicitation ·         Understanding exempt securities v. exempt offerings   Day 2: ·         Practical guidance on drafting subscription agreements ·         Understanding disclosures in offering documents and liability for issuer of securities ·         Special issues for small private placements ·         Crowdfunding as a capital raising tool   Speaker:   S. Lee Terry is a partner in the Denver office of Davis, Graham & Stubbs, LLP, where he has a broad corporate and securities practice.  He advises clients on mergers and acquisitions, joint ventures, partnership agreements, licensing and other technology related contracts.  He has an active practice advising private companies, ranging from capital raising and major transactions to dispute resolution and investigations. He also has an extensive securities law practice, including various types of capital raising transactions.  Earlier in his career, he worked in the Office of General Counsel of the Securities and Exchange Commission.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/26/23
    Presented
  • DETAILS
Course1

Tax Planning for Real Estate, Part 1

$85.00
  • Author/Instructor:  Leon Andrew Immerman and Saba Ashraf

Tax Planning for Real Estate, Part 1 Tax issues in major real estate transactions – property development, long-term ownership, build-and-sell, like-kind exchanges – often drive the structures of these deals. If not properly considered, tax issues can also have a major adverse impact on the underlying economics of a deal.  The structure of a transaction can impact the timing and amount of gain, the treatment of losses (often very valuable to participants), and even the tax rate.  At every stage of a transaction, tax plays an important role.  This program will provide you with a practical guide to major tax planning issues in real estate deals, including choice of entity, capital gains and distribution planning, and advanced like-kind exchange issues.   Day 1: ·         Choice of entity considerations – contributions, distributions, and eventual sales ·         Acquiring property in a form to minimize taxes later ·         Understanding allocation and distribution provisions – layered allocations, target/forced allocations, built-in-gain (or loss) allocations ·         Understanding and drafting for continuing ownership, including capital shifts and other shifts in ownership ·         Deductions arising from non-recourse debt and minimum gain chargebacks   Day 2: ·         Advanced Like-Kind techniques for deferring gain on the disposition of property ·         Techniques for using partnerships – mixing bowl partnerships, freeze partnerships, leveraged acquisition partnerships ·         Installment sales and cross-purchase/redemption agreements ·         Capital gain tax planning and the 3.8% tax on net investment income   Speakers: Leon Andrew Immerman is a partner in the Atlanta office of Alston & Bird, LLP, where he concentrates on federal income tax matters, including domestic and international tax planning and transactional work for joint ventures, partnerships, limited liability companies and corporations. He formerly served as chair of the Committee on Taxation of the ABA Business Law Section and as chair of the Partnership and LLC Committee of the State Bar of Georgia Business Law Section.  He is also co-author of “Georgia Limited Liability Company Forms and Practice Manual” (2d ed. 1999, and annual supplements).   Saba Ashraf is a partner in the Philadelphia office of Ballard Spahr, LLP and co-practice leader of the firm’s tax group. She advises clients worldwide on corporate and partnership taxation matters and has managed the tax aspects of a wide range of complex business transactions, including coordination with internal and external non-tax counsel and financial advisers. She handles the tax-related issues involved in mergers and acquisitions, joint ventures,  debt restructurings and loan workouts, and the tax aspects of REITs and investments in real estate.  She is past chair of the ABA Business Law Section’s Tax Committee.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/3/23
    Presented
  • DETAILS
Course1

Tax Planning for Real Estate, Part 2

$85.00
  • Author/Instructor:  Leon Andrew Immerman and Saba Ashraf

Tax Planning for Real Estate, Part 2 Tax issues in major real estate transactions – property development, long-term ownership, build-and-sell, like-kind exchanges – often drive the structures of these deals. If not properly considered, tax issues can also have a major adverse impact on the underlying economics of a deal.  The structure of a transaction can impact the timing and amount of gain, the treatment of losses (often very valuable to participants), and even the tax rate.  At every stage of a transaction, tax plays an important role.  This program will provide you with a practical guide to major tax planning issues in real estate deals, including choice of entity, capital gains and distribution planning, and advanced like-kind exchange issues.   Day 1: ·         Choice of entity considerations – contributions, distributions, and eventual sales ·         Acquiring property in a form to minimize taxes later ·         Understanding allocation and distribution provisions – layered allocations, target/forced allocations, built-in-gain (or loss) allocations ·         Understanding and drafting for continuing ownership, including capital shifts and other shifts in ownership ·         Deductions arising from non-recourse debt and minimum gain chargebacks   Day 2: ·         Advanced Like-Kind techniques for deferring gain on the disposition of property ·         Techniques for using partnerships – mixing bowl partnerships, freeze partnerships, leveraged acquisition partnerships ·         Installment sales and cross-purchase/redemption agreements ·         Capital gain tax planning and the 3.8% tax on net investment income   Speakers: Leon Andrew Immerman is a partner in the Atlanta office of Alston & Bird, LLP, where he concentrates on federal income tax matters, including domestic and international tax planning and transactional work for joint ventures, partnerships, limited liability companies and corporations. He formerly served as chair of the Committee on Taxation of the ABA Business Law Section and as chair of the Partnership and LLC Committee of the State Bar of Georgia Business Law Section.  He is also co-author of “Georgia Limited Liability Company Forms and Practice Manual” (2d ed. 1999, and annual supplements).   Saba Ashraf is a partner in the Philadelphia office of Ballard Spahr, LLP and co-practice leader of the firm’s tax group. She advises clients worldwide on corporate and partnership taxation matters and has managed the tax aspects of a wide range of complex business transactions, including coordination with internal and external non-tax counsel and financial advisers. She handles the tax-related issues involved in mergers and acquisitions, joint ventures,  debt restructurings and loan workouts, and the tax aspects of REITs and investments in real estate.  She is past chair of the ABA Business Law Section’s Tax Committee.       Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.  

  • Webcast
    Format
  • 60
    Min.
  • 10/4/23
    Presented
  • DETAILS
Course1

Undue Influence and Duress in Estate Planning

$85.00
  • Author/Instructor:  Steven B. Malech

Undue Influence and Duress in Estate Planning Elderly and other clients with diminished physical or intellectual capacity are often the victims of undue influence or duress in disposition of their property.  They are often dependent on a caregiver, relative or other person for social interaction or essential mobility and functioning.  This makes them ripe for exploitation by the unscrupulous.  From a trust and estate planner’s perspective, undue influence and duress undermine the client’s true intent and jeopardize the validity of estate and trust instruments. This program will provide you with a world guide to spotting warning signs of undue influence and duress, drafting considerations, and the risks of litigation challenging trust and estate plans.   ·         Undue influence and duress risks in trust and estate planning ·         Elements of undue influence – motive, opportunity and actual exercise ·         Understanding what constitutes duress ·         How to spot warning signs or red flags of undue influence and duress ·         Drafting considerations to preserve the true intent of a client and prevent challenges ·         Court battles – burdens of proof, assessing likelihood of successful challenges   Speaker: Steven B. Malech is partner in the New York City office of Wiggin and Dana, LLP, where he is chair of the firm’s probate litigation practice group.  He is represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors, alleged breaches of fiduciary duty, disputed accountings, and will contests. He represents clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars.     Disclaimer:  All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials. 

  • Webcast
    Format
  • 60
    Min.
  • 10/27/23
    Presented
  • DETAILS