The successful sale of assets often hinges on the negotiation and drafting of a properly detailed asset purchase agreement. Whether you are representing the buyer or the seller, you need to be able to pinpoint when your client is taking on too much liability, assess the viability of the transaction, and negotiate and draft an agreement that results in the best possible outcome with the lowest margin of risk.
To make a deal work, it is essential that you take the time to draft the necessary purchase agreement provisions that clearly delineate the assets and liabilities, carve out or weigh in the risks and anticipate post-deal problems, and can avoid disputes or minimize litigation down the road to lead to a faster and more lucrative closing.
This engaging course provides an overview of the disease of addiction, the impact on the legal profession, signs and symptoms of addiction, and obstacles to treatment and recovery. Ethical considerations and legal obligations are reviewed to provide the learner with a comprehensive approach to navigating the hurdles related to substance use disorders and the practice of law.
The legal profession has deepened the in-roads to improved lawyer well-being. Although we haven’t reached the destination, navigation has improved. Law schools now include well-being within curriculum, evidence of its importance to the profession. Despite these advancements, there is a heightened stress level amongst lawyers and their clients today linked to the unique pressures of practicing during an endemic and a greater demand for well-being support programs as a result. But in order for these programs to be meaningful, programs must consider how the practice has changed during this endemic, the longevity of these changes, and how the new version of legal practice influences attorney wellness, development, and even recruitment.
For estate planners, trust administrators, and clients, decanting is a versatile (if at times misunderstood) tool for fixing imperfections in an existing trust or bringing the existing trust in line with changed circumstances. For example, has there been a significant change in the law that calls into question the existing trust’s usefulness? Have there been material changes in the lives of those affected by the trust that weren’t foreseeable at the time the original trust was created?
Although decanting is a widely accepted and commonly used process, it is not a panacea for every trust’s shortcomings and it holds pitfalls for the unwary. Tax and fiduciary duty issues abound, and estate planners and trust administrators must make a careful review of them before recommending decanting as a course of action to a client. In addition, the Uniform Trust Decanting Act (UTDA) continues to be adopted in an increasing number of jurisdictions, providing a legislative framework that must be adhered to for a successful result.
Understanding the scope and application of the attorney-client privilege remains one of the most critical aspects of every attorney’s daily practice. After all -- you can't provide effective representation if your clients can't speak openly and share information with you!
The threat of an estate planning legal malpractice claim is daunting, with the potential to be professionally and financially devastating. All it takes is one careless act for even the most experienced practitioner to become ensnarled in an ethical imbroglio. For this reason, estate planners must remain vigilant to steer clear of ethical errors and ensure the client’s intentions are carried out.
Post-employment restrictive covenants continue to be the focus of much debate. On the one hand, many view restrictive covenants as contrary to public policy and harmful to trade and professional development. On the other hand, many employers place much value on restrictive covenants, which provide them a tool to protect corporate assets including client contacts, product details, and organizational processes - to a degree. While courts have for years resolved disputes between employees and employers over the proper scope of restrictive covenants, state legislatures have also started to weigh in on the debate recently, enacting legislation intended to severely limit, or in some cases, outright ban, non-competes under certain circumstances. During this presentation, learn how to balance the tension between employer, employee, and public policy needs when it comes to restrictive covenants.
In an August letter to IRS Commissioner Charles Rettig, members of Congress asked for increased IRS funding to pursue wealthy tax evaders and improve IRS services for all Americans. If successful, the current budget reconciliation package will deliver this requested funding to the IRS. The downstream effect will have significant impacts on attorneys advising clients in tax, business, or wealth planning matters. They will see increasing numbers of IRS audits, assessments, and tax collections against their high-net worth and business taxpayers, both at home and abroad. Become better prepared for further IRS scrutiny on the horizon, including audits, litigation, and even criminal investigations by registering for this deep-dive program.
PFAS – per- and polyfluoroalkyl substances – are increasingly the subject of litigation, regulation, and legislation at the federal and state levels, including the recently released EPA “PFAS Strategic Roadmap.” These “forever chemicals” are under great scrutiny, and there is still important scientific study to be done to better understand their ecosystem and human toxicity to enable categorization of PFAS compounds for more efficient regulation. As rule makers at both the state and federal levels seek to restrict and remediate the widespread proliferation of PFAS in industry and the environment, it is more important than ever to consider the future landscape of PFAS liability.
In this 90 minute OnDemand video, we’ll discuss how PFAS are used in the supply chain, how they can be identified, and what PFAS users are doing to reduce their use. With over 13,000 legal cases regarding firefighting aqueous film-forming foam (AFFF) consolidated in South Carolina District Court, we’ll hear about litigation, liability, and what’s next in that arena. Finally, will congress, states, or federal regulators provide solutions? This panel will discuss the latest information on regulatory and legislative activities at the federal and state levels and offer a sense of what to expect in 2022. In particular, we’ll consider the EPA Roadmap, highlighting key takeaways and discussing what’s next in the PFAS federal regulatory world.
International Trust and Estate Planning 2021 features practical and rigorous sessions presented by some of the most highly-regarded authorities in their fields. Experienced and beginner practitioners of all levels will benefit from the deep dive into the key issues, hottest topics, and cautionary tales that keep attorneys, trust officers, accountants, charitable giving professionals, and wealth management advisors from sleeping easy at night.